Plusvalia tax help by selling agent???? Help please

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
27 Feb 2020 13:27 by KBonline Star rating. 1 posts Send private message

Hi All,

Selling our property and have been advised by the agent that they will hold the plusvalia tax value in their account until the town claim it. We sold at a loss so shouldn't be paying anything logically but believe we have to. My issue is why would the agent be holding it? Is the process not to pay and then launch an appeal under no profit made heading within the next 4 years? This doesn't sit right with me at all. Any feedback would be greatly appreciated.

 

Thank you





Like 0      
27 Feb 2020 15:20 by Kavanagh Star rating in Oil Drum Lane Newcas.... 930 posts Send private message

Kavanagh´s avatar

Hello Bon and welcome.

The first thing you have to appreciate is that this is Spain** EDITED - Against forum rules **

There has been a lot published about plusvalia tax and the Supreme Court has ruled it is illegal where you sell at a loss. However the local town halls are having none of it and totally disrespecting the rule of law, nothing new there. It’s a case of paying it and trying to claim it back within a few years.

As for paying it to an Estate Agent, ** EDITED - Against forum rules ** and have no right or authorised to hold clients money, that includes plusvalia tax, deposits or any other made up fraud. What happens when the Estate Agent does a runner with your money?** EDITED - Against forum rules **

Refuse to pay it to anyone. What does your lawyer say.

 


This message was last edited by eos_moderators on 27/02/2020 21:52:00.

_______________________
There is enough in the world for everyone, but not enough for the greedy!



Like 0      
29 Feb 2020 16:38 by Kavanagh Star rating in Oil Drum Lane Newcas.... 930 posts Send private message

Kavanagh´s avatar

Estate agents are unregulated in holding any client funds. You may as well hand your money over to the Lucky Lucky man at the beach.devil



_______________________
There is enough in the world for everyone, but not enough for the greedy!



Like 0      
29 Feb 2020 18:13 by ads Star rating. 4012 posts Send private message

Unfortunately according to  this you cannot refuse to pay the Plusvalia tax ....

https://www.spanishpropertyinsight.com/2017/03/03/spains-constitutional-court-rules-plusvalia-tax-illegal-property-sold-loss/

"if you are selling property now – at a loss – you cannot refuse to pay the ‘Plusvalia’ tax. Only once you pay it can you then raise a complaint seeking a full refund.”





Like 0      
01 Mar 2020 14:50 by Roberto Star rating in Torremolinos. 4493 posts Send private message

Roberto´s avatar

1. The town hall will not "claim" the plus valia; it is up to you, the vendor, to pay it within 30 days of the sale. Failure to do so will result in fines being imposed.

2. Do not trust any agent to "hold" your money or pay your taxes on time on your behalf; if you don't have a legal representative, just go to the town hall and request the bill and then pay it yourself.

3. Ask your legal representative to make the claim for a refund - but work out first if the cost of doing so will be worth it.



_______________________

 

"Politicians and diapers must be changed often, and for the same reason"

Mark Twain

 

 

 




Like 0      
01 Mar 2020 15:08 by Kavanagh Star rating in Oil Drum Lane Newcas.... 930 posts Send private message

Kavanagh´s avatar

   ‘’1. The town hall will not "claim" the plus valia; it is up to you, the vendor, to pay it within 30 days of the sale. Failure to do so will result in fines being imposed.’’

What happens to the fine if you are calling it a day and going back to Blighty?



_______________________
There is enough in the world for everyone, but not enough for the greedy!



Like 0      
01 Mar 2020 16:00 by Roberto Star rating in Torremolinos. 4493 posts Send private message

Roberto´s avatar

If the vendor is non-resident, the notary may advise the buyer to retain the amount of the plus valía pending confirmation of payment; or the buyer may deduct the amount from the sale price and agree to pay it (which will be stated in the escritura).

If a non-resident fails to pay, the town hall are more likely to chase the new owner for the debt than try to pursue a debtor overseas. Ultimately, the debt will stick to the property, so it's in the interest of the buyer to make sure it's paid one way or another



_______________________

 

"Politicians and diapers must be changed often, and for the same reason"

Mark Twain

 

 

 




Like 0      
01 Mar 2020 16:55 by Kavanagh Star rating in Oil Drum Lane Newcas.... 930 posts Send private message

Kavanagh´s avatar

‘’Spain’s Constitutional Court rules ‘Plusvalia’ tax is illegal if property is sold at a loss’’ 

So is the town hall superior in law to the Constitutional courts?.

 


This message was last edited by Kavanagh on 01/03/2020.

_______________________
There is enough in the world for everyone, but not enough for the greedy!



Like 0      
01 Mar 2020 18:20 by Roberto Star rating in Torremolinos. 4493 posts Send private message

Roberto´s avatar

Obviously not, but since when did town halls in Spain stick to the law? Or has something changed that I haven't heard about?



_______________________

 

"Politicians and diapers must be changed often, and for the same reason"

Mark Twain

 

 

 




Like 0      
01 Mar 2020 19:53 by ads Star rating. 4012 posts Send private message

Presumably the loss element has to be approved first?

So it's back to requiring legal proof ( evidence based)?  ...lawyer or notary at point of sale? What evidence would suffice? Might this be an option to get around having to put in a subsequent claim?

 


This message was last edited by ads on 01/03/2020.



Like 0      
02 Mar 2020 10:46 by Kavanagh Star rating in Oil Drum Lane Newcas.... 930 posts Send private message

Kavanagh´s avatar

Does the legal Escritura not have the selling price and the history of the previous purchase price? Perhaps the whole Plusvalia’ tax is just another town hall earner. It is a shame that Spain is such a beautiful country but seems to be riddled with swindles where the authorities and justice system appear to refuse to abide by court rulings, laws and regulation.

 


This message was last edited by Kavanagh on 02/03/2020.

_______________________
There is enough in the world for everyone, but not enough for the greedy!



Like 0      

Pages: 1 |

Post reply    Start new thread


Previous Threads

Car insurance for Spanish registered cars - 6 posts
IRPH outcome - 0 posts
Hi - 1 posts
Location advise please - 3 posts
Rats - 3 posts
Flood Sandbags - 14 posts
applying for residency, - 9 posts
Solar and air source heat pumps/and insulation/ - 5 posts
which vpn - 8 posts
Reoccurring Floods - 13 posts
2020 Situation re UK plated car in Spain and selling RH drive car in Spain - 14 posts
Squatters Rights with Property in Spain - 18 posts
720 and Income Tax - 1 posts
shower refurb - 1 posts
Gas Hob - 2 posts
Brexit: tax on lets - 31 posts
EU registration - 7 posts
Volunteering in Malaga/Rincon de la Victoria - 0 posts
Official information for UK nationals moving to or living in Spain, including guidance on residency, healthcare, passports and the Withdrawal Agreement. - 0 posts
Non Alcohol Wine - 2 posts
trip to Barcelona 4 day itinerary - 6 posts
Requirement to carry passport - 36 posts
CGT on selling property - 3 posts
Registering as EU citizen - 76 posts
Brexit - 40 posts

Number of posts in this thread: 11

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:  
Email:
   


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x