Did you pay CGT Capital Gain Tax (mod 212) between 2003 and 2006 ?
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If you sold your Spanish property between May 2004 and Dec 2006 and you were in those days a non-resident you had to pay CGT AT 35% rate while a Spaniard only paid 15%.
For this reason our Government amends the Law in 2007 and reduced this percentage but you are entitled to claim the refund of this overpayment (20%) by virtue of the non-discrimination tax principle set forth in the UE treaties and because there are many cases ruled by our European Court of Justice (ECJ) in this issue.
Felix
www.fljordan.com
Spanish Law Firm
This message was last edited by spanishsolicitor on 4/1/2008.This message was last edited by spanishsolicitor on 4/1/2008.
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www.fljordan.com
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