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

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10 Jul 2018 8:03 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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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 2:07 PM by BigAl2015 Star rating. 194 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 3:44 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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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 8:16 AM by ads Star rating. 4122 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 7:54 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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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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