Spanish inheritance tax reclaim for non residents.

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24 Oct 2013 00:03 by Marylambon Star rating in Pilar de la horadada. 3 posts Send private message

I contacted a firm of solicitors in Spain when they advertised that they were looking for test cases to bring before the courts in relation to the above.
 
I have supplied them with mondelo form (which verifies amount of tax paid) and also a copy of my house deeds.
They are now requesting I sign a power of attorney form and a further copy of house deeds which has been signed by a notary. They have also said that I may will have to send them my original house deeds if requested by the courts. (escritura).
 
I wondered if any member of the forum has been involved in this action. Any advice would be welcome as I am unhappy to comply with above.


_______________________
Mary



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24 Oct 2013 08:24 by johnzx Star rating in Spain. 5247 posts Send private message

The ‘original escritura’ is never issued, an owner or anyone else, only ever gets  a ‘copia simple’ from the notario's office. .  The original is kept in the office of the notario before whom it was signed.  So sending a copy to anyone has no dangers.

 


This message was last edited by johnzx on 24/10/2013.



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24 Oct 2013 08:51 by baz1946 Star rating. 2216 posts Send private message

 

I contacted a firm of solicitors in Spain when they advertised that they were looking for test cases to bring before the courts in relation to the above.
 
I have supplied them with mondelo form (which verifies amount of tax paid) and also a copy of my house deeds.
They are now requesting I sign a power of attorney form and a further copy of house deeds which has been signed by a notary. They have also said that I may will have to send them my original house deeds if requested by the courts. (escritura).
 
I wondered if any member of the forum has been involved in this action. Any advice would be welcome as I am unhappy to comply with above.
 
Copies of the deeds are not accepted as legal documents in court unless signed by the notary, in fact you can even lose the deeds that you have and get another set with little problem,  (This sounds very suspicious) this is the reason your solicitor wants another set signed by the notary.
 
If your unhappy or not to sure about the solicitors you are employing then all you can do is seek advice from another one, did you have one when you bought your property? if so why not check with them if this is all okay.
 
What happens in this test case if your solicitor loses the case, or it all comes to nothing? do you still have to pay his fee's, for say something like 6 / 12 months of work.stll




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24 Oct 2013 12:14 by Marylambon Star rating in Pilar de la horadada. 3 posts Send private message

Thanks for your advice. I am happier now to send notarised copy of escritura. Any thoughts on signing an agreement granting them appointment of tax representative and general power of attorney? The case is based on a no win no fee basis. They keep 30% and I keep 70%.
Thanks also BAZ1946. I do have a 'copia simpla' but I did'nt realise the original was kept at notary office.

_______________________
Mary



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24 Oct 2013 13:11 by baz1946 Star rating. 2216 posts Send private message

 

Thanks for your advice. I am happier now to send notarised copy of escritura. Any thoughts on signing an agreement granting them appointment of tax representative and general power of attorney? The case is based on a no win no fee basis. They keep 30% and I keep 70%.
Thanks also BAZ1946. I do have a 'copia simpla' but I did'nt realise the original was kept at notary office.

Glad some of it helped you.

To give power of attorney can help you if you don't live in Spain, and as well if you do,  and from what i also understand about it it does run out in a certain amount of time, not 100% on this so worth it to check more fully on this one.

As i did say earlier why not ask another solicitor for another opinion, perhaps your own one, hope it don't happen but lets say this solicitor gets a couple of hundred interested parties in wanting to claim tax back, lets say they are very successful in doing so, lets say a thousand or two each back tax paid....Into the solicitors bank account....Bang they go bust, you might well be protected, you might not.

Another situation could be is that yes you are due a refund, say 2000€, (Now this might be a very low amount)  solicitor keeps 600€,  you get 1400€,  30% / 70% split, you might have to pay the 600€ in full to them when notified of the amount you have won : 2000€, after all they did win the case....Whats the chances of the tax office refunding you your amount back quick, if at all,  if it's anything like the UK bunch...Well you know what i mean.

Do i sound if i don't trust solicitors....Just a little perhaps.

Lastly if you think about it and do decide to give the power of attorney over it must save you time and money to not have to go to the courts or their office for every little thing, and the solicitor sending / emailing / calling you up on the small points that will arise, and if they are as you say advertising for many others the last thing they want is to make a few hundred calls every day for these small points.

 





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24 Oct 2013 13:28 by Marylambon Star rating in Pilar de la horadada. 3 posts Send private message

Good points raised. I suppose I really was mistrustful which is why I contacted forum. This solicitor has told me that his firm acted for clients in having capital gains tax refunded which I think went to the European courts, which they won and people were awarded refunded. I am going to see my solicitor next week to sort out my taxes and will bring my documents with me. I did however broach this with them at the start and they were quite dismissive saying that the tax authority never refunds money. Will try again. Many thanks.

_______________________
Mary



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24 Oct 2013 15:16 by claire T Star rating in Torremendo, Orihuela. 689 posts Send private message

EOS Supporter

Hi - you mentioned giving a general power of attorney.  I would suggest that it is much safer to give a very specific power of attorney, just in relation to this matter.  Otherwise they can do anything in your name.



_______________________
Claire



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24 Oct 2013 15:47 by johnzx Star rating in Spain. 5247 posts Send private message

Claire

            .................................     general power of attorney

 

I missed a previous reference to that.

As Claire says, it MUST be SPECIFIC

My son and I have general POW’s for each other. When we made them the notary pointed out that would mean that we could even get married or divorced for each other, Beware !





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