Plusvalia on Inherited Property

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28 Jul 2018 15:20 by PhilMoraira Star rating in Moraira. 1 posts Send private message

Hi, my wife and I have lived in Moraira for about 20 years. My mother has lived in the Torrevieja area for around 40 years but recently died.

I have just (early 2018) inherited my mother's house in Torrevieja. The declared value is 90,000 Euros, and since she bought it in 1996 the value has naturally increased. The total value of the inheritance is under 100,000 Euros so there's no inheritance tax.

I now want to sell the house and the agent and my lawyer in Torrevieja have told me that I must pay the Plusvalia tax. But my lawyer in my home town of Moraira who handled the inheritance tells me that I should not pay it because the town halls and Suma are still finalising the issue in the courts of the payment of Plusvalia when the sale of a property is at a loss. This may also influence inherited property, and Suma may or may not seek the payment at a later date.

I am very confused what to do. A third lawyer has told me that I must pay, but my own lawyer is still adamant that I should not.

Does anyone have recent experience, knowledge or advice regarding payment of Plusvalia on property that you have just inherited?

 


This message was last edited by PhilMoraira on 28/07/2018.

_______________________
Phil M



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30 Jul 2018 20:15 by mariadecastro Star rating in Algeciras (Cadiz). 9344 posts Send private message

Legal Questions? Speak to Maria Direct

While waiting for the Government to  begin the processing of the reform of Law governing Plusvalia tax after the Constitutional Court in Spain failed against some of its provisions, the most advisable route for taxpayers who have sold in the last four years is to pay the tax and then claim.

They must submit a written request for rectification before the Local Council with the documents that prove the payment and the amount. If not rectified by the Local Council, an administrative process must start after which a contencious administrative before Courts can be opened.

Supreme  Court is Spain is to decide on 55 cases where there was a gain. This will have a clear and definitive impact on the result of these claims



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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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