No tax if no gain when property selling: Supreme Court recent decission

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10 Jul 2018 08:03 by mariadecastro Star rating in Algeciras (Cadiz). 9093 posts Send private message

Legal Questions? Speak to Maria Direct

A recent Court decission by the Spanish Supreme Court has confirmed what it had been already stated by the Constitutional Court: selling a property with no gain generates no local capital gains tax ( IIVTNU: Plusvalía municipal

The Court decission clairifies many concepts and affirm that just the Notary deeds showing the lack of earning are enough evidence for proving no obligation to pay this tax.

 



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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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12 Jul 2018 14:07 by BigAl2015 Star rating. 192 posts Send private message

Maria

Does this mean that the Notary can judge if payment is necessary, by looking at the previous deeds versus the selling price on the new deeds, and then make a decision as to if there is any Plusvalia required?

 

 





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12 Jul 2018 15:44 by mariadecastro Star rating in Algeciras (Cadiz). 9093 posts Send private message

Legal Questions? Speak to Maria Direct

Notary can give to you an opinion but you still need to file your tax liquidation ( negative) at the Local Council proving the lack of gain.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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13 Jul 2018 08:16 by ads Star rating. 3420 posts Send private message

Is this based upon an actual selling price or some form of cadastral valuation?





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17 Jul 2018 07:54 by mariadecastro Star rating in Algeciras (Cadiz). 9093 posts Send private message

Legal Questions? Speak to Maria Direct

Upon actual selling price, that is the advance this Supreme Court decision brings

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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