Law changed to protect the councils ?

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08 Mar 2021 13:50 by Michael52 Star rating in Bushey, Hertfordshir.... 308 posts Send private message

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In November 2015 we sold our flat at a loss, but were still charged plus valia.

The Council ignored both us and our solicitors request for a refund under the law as enacted by the Court in Malaga.

The case which was lodged in 2018, was finally heard in December 2020 and we have today heard that the Supreme Court changed the law in March 2020, two years after our claim so that the rights of the Councils are protected.

To add insult it appears that we may have to pay the Council's costs



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09 Mar 2021 14:56 by Kavanagh Star rating in Oil Drum Lane Newcas.... 1012 posts Send private message

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It is unfortunate that you sold at a loss; this is mainly due to the drop in value of the bricks of your property caused by the financial recession. However during the recession land values have boomed in Spain, well at least according to the local council (“Ayuntamiento“) hence Plusvalia Tax.



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09 Mar 2021 18:23 by MotrilMumski Star rating. 1 posts Send private message

Where can cheaper bricks be purchased at builders merchants?

Seems like their production costs are more fixed, than say arbitrary land?





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09 Mar 2021 19:25 by Kavanagh Star rating in Oil Drum Lane Newcas.... 1012 posts Send private message

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Perhaps you misunderstand Munski, the price of Spanish bricks are subject to market forces and devalue in a recession, but land and taxes like Plusvalia Tax (Candid Camera Tax) thrive in a recession. This was confirmed by the Spanish Supreme Court. 



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10 Mar 2021 10:05 by windtalker Star rating. 1719 posts Send private message

I wonder if the original poster has taken in to consideration the sterling / euro exchange rates when they made the purchase ..I know the exchange rates took a hammering back in 2015 as the euro was nearly the same as sterling..I recently sold a villa that I bought in 2006 the exchange rate was around 1.40 euro's to the £££ when I sold in November 2020 on paper it looked like I lost a packet in reality I actually broke even..as far as the 3% government tax is concerned the government will hold on to this until all outstanding debt is cleared like IBI/none Resident's tax even outstanding water and electricity bills will be paid out of this.

 

 

 





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10 Mar 2021 10:25 by Michael52 Star rating in Bushey, Hertfordshir.... 308 posts Send private message

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At the hearing the judge agreed that a loss had been incorred, but his judgement conveyed to our lawyer was :-

the resolution of our request for the return of the amount paid as Plusvalía tax. Unfortunately, the judge has dismissed our request due to the most recent doctrine of the Supreme Court of 18 may 2020, in which the Supreme court considered that the security of the administrative acts cannot be attacked by means of invoking the unconstitutionality of the articles annulled by the Constitutional Court, so that acts done before that ruling must prevail as firm acts.

Unfortunately this supreme court ruling came almost two years after the filing of our claim, this change of direction was unexpected and have set to fail several of our cases.

This decision may not be appealed, as the amount claimed is less than 30.000€

In other words protect the Council



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12 Mar 2021 09:59 by mariadecastro Star rating in Algeciras (Cadiz). 9330 posts Send private message

Legal Questions? Speak to Maria Direct

After a recent decission by the Supreme Court, dated February 2021, denied claims on Plusvalia can be re-instated if certain requisites are met. This is also possible if the denial by the Administration is not older than 4 years

 



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Maria L. de Castro, JD, MA

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Director www.costaluzlawyers.es

El blog de Maria



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