Legal Questions Podcast With Maria de Castro

jayneyd said:
Saturday, March 8, 2014 @ 8:01 AM

Hi, my question is: Complementary Tax; is it legal?
After purchasing property in 2009, we were hit with a tax demand 'Complementary Tax Declaration' as our lawyer called it (Modelo 010), 7 months after we bought from a bank and paying all relevant taxes at that time.
The Tax Office were demanding a further payment of 7% of the difference of what we paid and what they were now valuing it at, as the value of the property, they said, was nearly 70,000 more than the purchase price.
The lawyer gave us 2 options; pay or appeal. We asked him to appeal, which he did, the appeal took 1 year, we lost, then had to not only pay the tax, but also penalties for that year.
There have been recent discussions regarding this tax, on eye on spain and it got me thinking, surely this tax is unjust?!

mikeab said:
Saturday, March 8, 2014 @ 8:42 AM

This was to be the subject of my question also. I wont bore you with the details, I have alteady written on this site about my experiences regarding the dreaded 'Complementary Tax', my question is regarding the legality of the tax. As Spain is part of the European Community, surely it has an obligation to treat the people who live there fairly, and I, like many others im sure, have trouble understanding how a so called civilised country can impose this sort of tax on its occupants. We all have paid the purchase tax on our homes, as agreed in Spanish law, this 'extra' tax is no more than daylight robbery, its a way of the corrupt authorities obtaining money to help out with the finantial crisis the country finds itself in. So....in the eyes of those that rule Europe, is this legal, and can Spain be challenged in Brussels over this.

dotty199 said:
Saturday, March 8, 2014 @ 9:47 AM

Dear Maria,

For cases that have been accepted by the supreme court, 1) why does it take so long for them to make a decision (presently in excess of 20 months), and 2) what steps can lawyers do to make sure that the supreme court has not forgotten their case?

HAWKINGS111 said:
Saturday, March 8, 2014 @ 10:58 AM

Regarding this particular tax i have read in the newspapers that this year properties are going to be Re: valued in line with the depressed housing market, so in the future this problem should dissappear but that is little consolation for those that have been affected.

Noddy59 said:
Saturday, March 8, 2014 @ 12:24 PM

Hi.
My question is about whether it worth my while to get an Antiquity Certificate for my private pool in Blue Hills, Orihuela Costa.
I had a lot of problems (between 2006-2013) after I belatedly discovered that my pool builder (now gone) had somehow forged the architect's plans/specification document submitted to Orihuela Town Hall. The document contained an error, and in 2006 the Town Hall issued me with a notice of application deficiencies, and of course did not issue a licence.
Finally, in May 2013, I hired a real architect to correct the outstanding application deficiencies. He was very professional, and conducted a thorough series of very accurate measurements of my pool and it's surroundings. The architect incorporated these measurements into a replacement planning document/specification for submission to Orihuela Town Hall, and that document seems to have been accepted by the Town Hall. In July 2013, they sent me a stamped/signed four-page letter 'Cédula de notificación' (Official notice) using expressions like 'los Servicios Tecnicos Municipales informan favorablemente' (the Municipal Technical Services reported favourably). But I'm not sure if that official notice from the Town Hall constitutes a license. I have never seen a licence.

Recently I have seen adverts by architects, offering to survey unlicensed pools and, all being well, produce an Antiquity Certificate within 7-10 days.
Do you think I still need to obtain such a certificate? Or do you think that my architect's accurate 2013 document (plus the Town Hall's favourable response) is sufficient until such time as I wish to update my Title Deeds/Escritura?

One last question, assuming that my paperwork is now satisfactory: I may wish to put my house up for sale within the next 12 months. Should I update my title deeds now, or just wait until the house sale, when the approved/licensed pool can be added during the transfer of title?

Nels said:
Sunday, March 9, 2014 @ 8:45 AM

I would appreciate your help with the following 3 questions relative to inheritance tax. I am also writing on behalf of friends who need advice.
1. We are all Ex Pats. and registered for tax purposes in Spain.
Is it only the assets in Spain that are involved in inheritance tax calculation? we all have English and Spanish wills.
2. Is the property value for tax purposes, that which is shown on the Catastral records ?
3. After the recent Modelo 720 is any declaration of overseas assets involved in Spanish inheritance tax, Thank you.

Nels said:
Sunday, March 9, 2014 @ 8:49 AM

I would appreciate your help with the following 3 questions relative to inheritance tax. I am also writing on behalf of friends who need advice.
1. We are all Ex Pats. and registered for tax purposes in Spain.
Is it only the assets in Spain that are involved in inheritance tax calculation? we all have English and Spanish wills.
2. Is the property value for tax purposes, that which is shown on the Catastral records ?
3. After the recent Modelo 720 is any declaration of overseas assets involved in Spanish inheritance tax, Thank you.

stephanieclaire said:
Sunday, March 9, 2014 @ 12:15 PM

The new law regarding English and other foreigners living in Spain which takes into account all their assets in their home countries is causing me grief and confusion:1) when did this law officially come into force. 2) can they access our other bank accounts in different countries (they seem to be doing so with ours) If so, what about the data protection act? I assume this act is Europe wide? 3)can the tax authorities here backdate claims on our income?
4) How much of what they are doing is legal? SCR

joan1 said:
Tuesday, March 11, 2014 @ 9:14 PM

IF you own a property in spain and are not resident, and our two sons inherit, what would happen to the property if they couldnt afford the inheritence tax, and there is money owed on the property, and the same thing , also is inheritence tax going to change keep hearing rumours.

alphamed said:
Thursday, March 20, 2014 @ 10:26 AM

Is it a requirement to register with the tourism section of the Junta de Andalucia before advertising a property for holiday rent? Is it possible to register just one property as I have been told it must be a minimum of 3 properties. I cannot find any information on the Junta de Andalucia website and do not know what the rules are or how to proceed. I would appreciate any advise you can give.

EOS Team said:
Friday, March 21, 2014 @ 3:16 PM

Thank you for the great respsonse!

All questions that have been received to date will be answered either in the podcast which will be recorded next week or posted directly here on this blog.

A selection of 10 questions will be addressed in the actual podcast, all other questions will be answered by Maria in writing.

Thanks EOS TEAM

tom8922 said:
Saturday, March 29, 2014 @ 1:56 PM

is ther any news on aldea the banckrupt solicitors