completion costs (mortgage)

We have just received our final completion costs from our lawyer with a full breakdown of figures.  I am confused as to why we are being charged both stamp duty on the property and stamp duty on the mortgage. Also the notary fees seem to be payable twice too. Again both on the property and the mortgage. Is this correct?

My concern is i am paying this into a holding account rather than direct and therefore, cannot see which money is actually going to whom.

We have already been told we have to pay the 7% tax twice as we were not the original purchasers off plan and do not want to end up paying other things twice when we can dispute it if we know our position.

Another thing is we were asked by the lawyer if we wanted to declare the original purchase price off plan or the full amount we are paying at the tax office. This surely will just save the original buyer who is transferring contracts to us paying capital gains, which we would have to pay at 18% when we re-sell.   Are we better insisting on the purchase price we are paying being declared up front?

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Notary ans stamp duties double amounts are correct.

I cannot see a reason for you paying double 7%, first 7% needs to be paid, if not already paid,  in a retroactively way, by the private purchase buyer who is transfering his/her buyng rights to you, unless you agree otherwise. You are obliged to pay the 7% due when the signing of the deeds.

I always encourage my clients to declare what they are paying. Several reasons: your plusvlia tax will be much higher in the future if you want to sell.. but mainly... Laws are vey serious regarding that now and every Notary is obligued to communicate any suspicious tax frauding operation to the Government.

Best wishes,

Maria

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the original buyer who signed purchase contract is refusing to pay the 7% on original contract because he is saying that the agent did not tell him.  Therefore they are saying we will have to pay it or come to some agreement to pay it between us.  If he refuses and we refuse what does this mean for us? can the purchase collapse? we are due to complete in 3 weeks

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Do you have a contract for that purchase already signed? Is there any clause regarding that? If not, you can make him pay that tax, it is by Law his obligation, regardless the agent informed him or not. The contrary is an abuse.

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it seems we have no choice but to pay it now because if we try and insist they pay it it will delay our completion and we are worried we may lose our 3% compensation from the builders for the delay in finishing the build if we do not complete by the date given now. It would be costly to enter into a legal battle over it and compromise our purchase.   It seems very unfair though that they can just refuse to pay it.  It has been offered as a gesture of good will that we all pay a third each of all the tax (that being the agent, the original purchaser and us) as the agent is saying he has no legal obligation through contract to either of us. i signed contracts over in spain a year ago and paid my 30% and fees then. I am not sure if there is a clause about this and my lawyer is just taking it that the third will be paid by all

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