Tax redemption form sale of property

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02 Dec 2020 9:47 AM by sparkyc Star rating. 3 posts Send private message

Hi, can someone please help,

we sold our property in spain 3 years ago and are still waiting for our 3% redemtion back.

our solicitor 'My Lawyer in Spain' is ignoring all emails and calls and we dont know what to do next.

thanks





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02 Dec 2020 10:34 AM by baz1946 Star rating. 2327 posts Send private message

Visit them....If they still exist that is.





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02 Dec 2020 10:58 AM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1315 posts Send private message

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Every business in Spain is obliged to have an official complaints book ('Libro de reclamaciones') available. This is a form which any customer can complete which puts the details of a complaint on record and each is followed up by the authorities.



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02 Dec 2020 8:46 PM by windtalker Star rating. 1935 posts Send private message

The 3% retention on the property sale ..will be used to pay any outstanding debt that you have  on the property ... things like unpaid property Tax / IBI / none residents Tax / gas electricity water ...and just about anything else you can think of ..your lawyer will claim back what's left for a fee.





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03 Dec 2020 9:50 AM by baz1946 Star rating. 2327 posts Send private message

'My Lawyer in Spain' is ignoring all emails and calls and we dont know what to do...

your lawyer will claim back what's left for a fee.





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03 Dec 2020 7:11 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Unless your lawyer actually filed a reclaim (form 210) within 3 months of the sale (or, to be precise, within 3 months of the date the buyer submitted the retention using form 211, which had to be done within one month of the transaction), you won't be getting anything back. I would say after three years the chances are slim. 



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Mark Twain

 

 

 




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03 Dec 2020 8:02 PM by sparkyc Star rating. 3 posts Send private message

Thanks for all your responses 

Thay emailed me today so I'm gonna email back tomorrow. Forearmed

great advice thanks





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03 Dec 2020 9:39 PM by baz1946 Star rating. 2327 posts Send private message

sparkyc. 

Are you saying that after 3 years of no communication from your lawyers you suddenly out of the blue get an email.





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03 Dec 2020 11:41 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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And e-mail works 24/7. Why wait until tomorrow, but spend time on a forum today? Seems a bit strange....



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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04 Dec 2020 8:25 AM by sparkyc Star rating. 3 posts Send private message

Baz1946. Not out of the blue. I sent an email to the solicitors head office last week and explained situation and it worked. 
 

Roberto. Nothing strange. My literature skills work much better in the morning rather than after a hard day at work. 

not holding out a lot of hope but you never know
 

 





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04 Dec 2020 10:22 AM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Fair enough. Good luck.

By the way, the tax office have six months from receiving a correctly filed claim to pay out, after which they must also pay interest. They don't usually miss the deadline by much, so my fear is they didn't receive a correct claim in time. Hope for you I'm wrong.



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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05 Dec 2020 10:22 AM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1315 posts Send private message

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Your Lawyer will be fully aware of his/her duties to claim back the 3% retention tax. Perhaps they are just awaiting your bank details to reimburse you. 



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



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18 Feb 2021 11:14 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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Did you solve your problem, sparkyc?



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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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