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Legal Questions Podcast With Maria de Castro

Every month, in association with Maria de Castro of Costa Luz Lawyers, we're going to be bringing you a recorded podcast where Maria will be answering your questions relating to Spanish law. Be informed!

20 March 2015 @ 11:38

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Do you have any questions regarding Spanish law that you would like to know the answers to?

If you do, please don't hesitate to submit your questions here for Maria de Castro of Costa Luz Lawyers to answer in her legal questions podcast.


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Pixie said:
21 March 2015 @ 09:13

Dear Maria,

I sold my apartment in La Gomera on 3/10/13 for 190,000€. When signing the sale documents I was told that 5,700€ tax had to be deducted as I was not a Spanish resident, but was re-assured by the Estate Agent that this would be refunded. I was advised to place in the hands of a 'Tax lawyer', as doing it all yourself could be difficult as I live in the UK, don't speak Spanish, etc. This I did (for a large up-front fee) and he applied for the refund on 29/1/14. Nearly 14 months have elapsed, and I still haven't had the refund. The lawyer (who seems very professional) says that this is because the Hacienda have ordered a re-assessment, as they feel that the selling price was too low given the purchase price. (£273,503€ + 5% IGIC on 23/5/07). It definitely wasn't too low - the Estate Agent said that I was lucky to sell at all in the current market, and that 190,000€ was a very good price. I know that several other owners in the same development have been trying to sell for the past 3 or 4 years, and not one has managed to do this! It must be obvious to the Hacienda that I bought at the top of the market, and since 2007 the Spanish housing market has collapsed, so ordering a re-assessment is pointless This apart, how long are they allowed to keep my money? It cannot take over a year to carry out a re-assessment! The lawyer said that there is no point reminding them, as "They are just very slow and I have to be patient". He said that it could be at least another 6 months. I know that Spanish administration is not the quickest in the world, but this is ridiculous. Is there a legal time limit within which the Hacienda MUST pay the refund? How do I know if my application has not been mis-filed and buried in the system? Is there any point lodging a formal complaint? I look forward to hearing from you.

Douch said:
21 March 2015 @ 10:45

I understand that changing the Statutes of a Community must have the unanimous support of voters at an AGM (unlike changes to Community Rules, which just need a simple majority). Does this mean that an abstention would count the same as a vote against i.e. the vote is not unanimous in favour so the proposal would fail?

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