Fine for not submitting modelo 212 in time ? whose fault?

I wonder if anyone can help.

We sold a house in Spain last July, and sold for less than we paid.

We were advised that we had to wait 6 months to start the process of reclaiming the withheld 3% that the purchaser paid the tax office. Was this correct?

We asked our fiscal reps to start the reclaim process in January - 6m after the sale, and have just had an email from them saying we owe the tax office 75 euros as a fine because they didn't submit the model 212 until May.

They blame the purchasers solicitor supplying them with the 211 form late.

Question is- should our fiscal reps have put in the modelo 212 prior to our claim for the withheld money? They did all the legal stuff connected to the house sale.

Either way it seems we have been fined for something that's not our fault.

Any help would be welcomed,

thanks

Sue

 Dear Sue,

If you sold for less than you paid, I assume that they have to return you this 3%, whenever you have no debts with the Spanish Inland Revenue.

So that, you could apply any time without fine. The fine will be, when they return the amount, in about one or two years time.

 Mar Durio

Calle Ancha 30, 2º
E-11201 Algeciras
(t) +34.956.092.687
(f) +34.956.092.697
m.durio@costaluzlawyers.es
www.costaluzlawyers.es

Thanks for that

Yes we have applied for them to return the 3% withheld money.

When could we have done this without getting fined?

 You have four months after the sign date.

 Mar Durio

Calle Ancha 30, 2º
E-11201 Algeciras
(t) +34.956.092.687
(f) +34.956.092.697
m.durio@costaluzlawyers.es
www.costaluzlawyers.es