ESCRITURA

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29 Aug 2008 12:00 AM by Gypsy Star rating in south shields/formen.... 206 posts Send private message

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Hi,
can anyone tell me where on my escritura I can find the real
declared price for my property to be able to calculate my wealth tax.
The price I paid (less the black money)is not shown anywhere on my escitura.
There are 4 receipts in the escritura, these add up to the OFFICIAL price we paid.
BUT no price is stated anywhere else on escritura(Hope it is my escritura)It is what
I was given by the solicitor when we were sent a letter asking us to collect our deeds.



_______________________

GYPSY




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29 Aug 2008 5:17 PM by Max Kite Star rating in Castilléjar, Granada. 308 posts Send private message

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Gypsy,

It HAS to be, by law.  

Firstly, make sure that what you have is an "Escritura de Compra-venta", signed in a notary, not just a contract.  Inside this, there should be (either in the margin, or on the last page) an indication of where the property is registered in the land registry.  It will say something like: Libro: 4; Folio: 27; Página 678; Finca: 4/4567.

The declared price will be written in the text, after the description of the property.

For example:  



This bit of text identifies where the property is registered - in this case in the land registry and the Catastro.

The following (names erased) states the sale price:

 

This amount will also be entered on form M600 which is the tax form used to pay your stamp duty.

Last thing - If you have under declared by a large amount, the Hacienda have the right to re-value your property and come back to you for the difference.  It DOES happen.  I have even heard of them valuing a property at MORE than what the purchaser paid, and he was made to pay up!!! - Zapatero needs your money.

Hope this has helped

P.S:  Look for something like this at the end - it is the seal of the notary and is very important!:





_______________________
Max Kite
Maximeters S.L.U.
www.maximeters.com



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29 Aug 2008 5:23 PM by Max Kite Star rating in Castilléjar, Granada. 308 posts Send private message

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And another thing!!!!

If I understand correctly, you want to declare the TOTAL you paid???

Are you MAD?  You will be signing a doument saying that you have deliberately defrauded the Hacienda (Inland Revenue).

These guys are not renowned for their sense of humour.

Be very careful please


_______________________
Max Kite
Maximeters S.L.U.
www.maximeters.com



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29 Aug 2008 5:33 PM by semijubilada Star rating in London/Torrevieja. 1052 posts Send private message

On another thread Gypsy has received her IBI bill but the Catastral value shown doesn't agree with what was declared at Notary.

She's now checking her Copie Simpla? and can't find the amount listed.

Perhaps someone who owns an apartment could shed some light on this.

Should the CV show the same  amount as the copie simpla, or will the CV be lower.

The only reason I can think of for the descrepancy is that as there are a block of flats then each person pays less IBI tax?



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29 Aug 2008 7:18 PM by Gypsy Star rating in south shields/formen.... 206 posts Send private message

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to MAX KITE,
Thank you so much for all the info you put on here for me regarding
my escitura, I have checked it all from the info you gave me and it is my
escritura compra-venta, and NO I do not want to declare the total I paid,

I said the OFFICIAL price I paid.which is what all my receipts add up to.
(without black money) I am Not that mad.THANKS AGAIN.

_______________________

GYPSY




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29 Aug 2008 7:22 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Valor Catastral has nothing to do with what you paid for your property. It is simply the rateable value by which your council rates (IBI) are calculated. It will not appear anywhere on your escritura.

In the good old days of black money (!!!), there was often an unofficial calculation used to work out how much you could realistically "get away with" declaring. e.g., 2.5 times valor catastral as the declared sale price, then the balance bunged across the table (in full view of the notary, naturally) in crisp bank notes!

_______________________

 

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

Mark Twain

 

 

 




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29 Aug 2008 9:56 PM by Gypsy Star rating in south shields/formen.... 206 posts Send private message

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Hi roberto.
Thanks for that info




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GYPSY




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30 Aug 2008 9:27 AM by Max Kite Star rating in Castilléjar, Granada. 308 posts Send private message

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Hi

Roberto's right on the money - the Catastro is completely different to the Land Registry.  In most of Spain, even the descriptions of properties vary enormously between the two.

Years ago, the government tried to sort this out by making a law that effectively used the notary system to sort out these discrepancies.

This was, and is a disaster as the Catastro can take years to make even minor changes to descriptions.

The "valor catastral" is calculated by means of a complex process of annual incremental increases on a value estimated many years previously.  Obviously, this is not true of a new property which will have been valued according to the "proyecto" etc. etc.

Thus, originally, the Catastro was only intended as a rates office, but now can be used as proof of ownership, boundaries etc., even though everyone knows that it is erroneous.

The M600 value is the amount that the Hacienda will use to value your property for wealth tax.

ADVICE:

1) Talk to an "asesor" - he could save you money.

2) Buy the most recent edition of David Searl's book "You and the law in Spain".

3) Read it!

4) If you have an IBI receipt you can look up your property on the internet.  Go into https://ovc.catastro.meh.es/CYCBienInmueble/OVCConsultaBI.htm.  

You should get this screen:



Type in your "Referencia catastral" and it will allow you to see a plan of the property, its official floor and land area etc. etc.  You can even print off a shortened version of the "Certificación Catastral Descriptiva y Gráfica".

If the property is new, it SHOULD match the escritura, more or less lol.

This is your IBI:.......(well mine, actually, but you know what I mean!)



_______________________
Max Kite
Maximeters S.L.U.
www.maximeters.com



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30 Aug 2008 10:02 AM by Max Kite Star rating in Castilléjar, Granada. 308 posts Send private message

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Hi Gypsy,

I'm glad you're not mad - there are far too many of us in the world! - We need some sanity!!!!!

_______________________
Max Kite
Maximeters S.L.U.
www.maximeters.com



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30 Aug 2008 7:27 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Hey Max..............we know where you live!  Next EOS party at your place, then!

If you look at the line which Max outlined on his IBI receipt (or better still, the equivalent line on your own) you'll see the total Valor Catastral is composed of the Valor Suelo (value of the land on which it is built) plus the Valor Construcción (value of the actual building). As Max has explained, these values do not correspond to actual market value, whatever that is, which we now all know can be quite hard to determine, and can fluctuate up and down according to market conditions (and credit crunches etc.)

Incidentally, if you don't have an IBI receipt to hand, but do know your full address, you can enter that on the website that Max gave the link to. You can then see all the useful info on your property (square metres, coeffiecient if part of a community etc.) and also see maps and satelite images etc. All good fun and very interesting. The Catastral plan of our property (built in 2003 on the site of a couple of old villas) is a tad out of date though - it shows two ruins!



_______________________

 

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

Mark Twain

 

 

 




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30 Aug 2008 11:44 PM by Max Kite Star rating in Castilléjar, Granada. 308 posts Send private message

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Hi Roberto

It will show two ruins for the next 100 years, which is how long it will take for the Catastro to sort it out!


_______________________
Max Kite
Maximeters S.L.U.
www.maximeters.com



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01 Sep 2008 6:40 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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The way they build things these days, it will be a ruin long before 100 years is up, so it will kind of self-sort !!!!

_______________________

 

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

Mark Twain

 

 

 




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01 Sep 2008 7:00 PM by Max Kite Star rating in Castilléjar, Granada. 308 posts Send private message

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Roberto:  They are still sorting out the "licencia de obra" for the AlHambra Palace!  

_______________________
Max Kite
Maximeters S.L.U.
www.maximeters.com



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01 Sep 2008 7:19 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Going way off topic here  but I had to chuckle yesterday when Juande Ramos was fending off the press on the matter of the Berbatov saga and the appalling start Spurs have made to their season. Implying that it will soon be sorted, and better times are just around the corner, he quoted "an old Spanish saying" (that I've never heard), that goes something along the lines of "nothing bad lasts more than 100 years". Excuse me? The Moors occupied their country for about seven hundred years! Judging by the general attitude to the moros here, I would say most Spaniards regard that as a Bad Thing.

To be fair, Juande was actually rather prophetic, as Spurs rather amazingly held Chelsea to a 1-1 draw!

_______________________

 

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

Mark Twain

 

 

 




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01 Sep 2008 10:35 PM by Max Kite Star rating in Castilléjar, Granada. 308 posts Send private message

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Sorry, Roberto - the last time I watched football, it was Bonetti Spaghetti, Chopper Harris and Ozzie Osbourne!

_______________________
Max Kite
Maximeters S.L.U.
www.maximeters.com



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01 Sep 2008 11:41 PM by FibbyUK Star rating in UK, Surrey & Playa F.... 2349 posts Send private message

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Quote:

Bonetti Spaghetti, Chopper Harris and Ozzie Osbourne

Let me guess, see if I am still blonde today!

Peter Bonetti .............aka The Cat

Ron Harris.....aka Chopper Harris

Peter Osbourne...........????

Oops,showing my age here Maxkite!!!

_______________________

FibbyUK

One off fee to pay your own La Renta tax (210 Form)
Check out my website:

http://www.payingtaxesinspain210form.pwp.blueyonder.co.uk/

 




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02 Sep 2008 8:02 AM by Max Kite Star rating in Castilléjar, Granada. 308 posts Send private message

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No - Ozzie Osboure is married to that famous woman - er Sharon isn't it (I don't watch English telly).

It was Ozzie Osgood!  

Most of my memories of Chelsea is drizzling rain, cold, dampness, cars treble parked in Fulham.  Perhaps that's why I hate football nowadays.

Saw Wimbledon when they were in the Southern League as well.  The other spectator was a really nice chap!


_______________________
Max Kite
Maximeters S.L.U.
www.maximeters.com



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02 Sep 2008 9:23 AM by FibbyUK Star rating in UK, Surrey & Playa F.... 2349 posts Send private message

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Of course.....Peter Osgood
OH is a Chelsea fan, has season ticket which costs an arm and a leg but gets him out from under my feet every fortnight!
Yes, sometimes returns cold, wet and miserable if they lose!

_______________________

FibbyUK

One off fee to pay your own La Renta tax (210 Form)
Check out my website:

http://www.payingtaxesinspain210form.pwp.blueyonder.co.uk/

 




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02 Sep 2008 10:49 AM by Max Kite Star rating in Castilléjar, Granada. 308 posts Send private message

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Don't they always?


_______________________
Max Kite
Maximeters S.L.U.
www.maximeters.com



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02 Sep 2008 5:09 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Manchester City the new Chelsea? New Arab owners have a £250 m war chest and are aiming their sights on Ronaldo. Crisis? What crisis?

Moderator: time to close this thread down, perhaps, or can someone get us back onto the subject of escrituras?

_______________________

 

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

Mark Twain

 

 

 




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