Modelo 210 help please - rental income and nuda propriedad

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12 Nov 2011 12:00 AM by Cornflake Star rating. 3 posts Send private message

Hello,

I have spent a few hours reading posts on this forum but couldn't find any answer to my questions.

I am in desperate need of advice and I think close to losing my mind over this. It's been now 18 months of headaches and heartaches and the last company who was supposed to fill our return for us simply stopped returning my calls and emails after I asked them why based on their calculations our tax for la renta de non residentes had been halved compared to all the previous years (although the valor cadastral carried on going up).

We have been very unlucky with our dealings with Notarias etc so far, and were it not for the internet, I dread to think which silly advice we would have followed.

My Mother passed away and my Sister and myself inherited the nuda propriedad on a flat in Spain (my Dad has the usufructo). We are all non resident.

I have had extremely confilcting advice on the matter and I do not know what to do anymore as the last financial advisor we hired is letting us down and I now need to complete our 2010 Modelo 210 myself (and I do not speak Spanish).

I know the numbers etc but I am unsure about the split.

Should it be one declaration for my Mother pro rata of the days she was still with us in 2010 (I am sorry if I am not very clear, it is actually quite upsetting to put this in words) and one declaration for my Dad for the rest?

Or the same for my Mum but two for my Dad (his "normal" 50% and the extra part he gets from my Mum's share)?

Or should my Sister and I make a declaration also? And if so, how should we split it?

Also, my Dad is thinking about renting the property this coming December to recoup some costs, does anyone know if some expenses are deductible and when the declaration for this specific income will have to be done? (as part of the regular Modelo 210 declaration for 2011 at the end of 2012 or separately before that?)

I am so sorry I have been so long, I hope I haven't broken some forum rules and if I have, please accept my apologies.

I genuinely cannot cope anymore and I would be very grateful for any advice.

Kind regards,

Cornflake.





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12 Nov 2011 8:59 AM by mariadecastro Star rating in Algeciras (Cadiz). 9377 posts Send private message

Legal Questions? Speak to Maria Direct

 Dear Cornflake:

Did you already go through probate and have the property now registered under mother´s heirs and father? If not, this is first thing to make before the treasure and after this to comply with obligation of the interim and post probate.

It is not big deal, just do the heirs declaration of goods and pay the IHT tax and right after that pay 210 taxes according to this.

 

 

 



This message was last edited by mariadecastro on 12/11/2011.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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12 Nov 2011 1:45 PM by Cornflake Star rating. 3 posts Send private message

Dear Maria,

Thank you so much for getting back to me.

We have done the inheritance paperwork at our Notaria (we didn't have to pay any inheritance tax) and we went to the townhall to pay the tax for changing the owners' names on the registrar (plus value).

Is that what you are refering to?

I have seeked help from tax advisors, the first one was telling me to simply declare everything under my Dad's name and not do any inhertance paperwork (!) and the second one told me that because my Sister and I only have the nuda propriedad, the declaration for year 2010 (the year my Mum passed away) should be done as such:

One for my Mum for 50% pro rata of the days she lived in 2010

One for 50% under my Dad's name for the 50% pro rata left after my Mum's passing.

One for 50% for my Dad's normal share.

I am so confused....again, I know how to handle the paperwork but it is just a matter of how many declarations under which name I should do....

Many thanks,

Cornflake





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13 Nov 2011 9:17 PM by leswill Star rating. 120 posts Send private message

Hello Cornflake

If you want to email me or call me I will happily answer all your questions in English!  See my website link below this posting.  It probably seems very confusing to you but is infact quite a straightforward situation. 



_______________________




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14 Nov 2011 1:25 PM by Cornflake Star rating. 3 posts Send private message

Dear Leswill,

Thank you so much for getting in touch, I pmed you last night and sent you an email via your website address also.

Kind regards,

Cornflake





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