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Soy... un hombre

Vivo en... Torremolinos

Me gusta... Anything that doesn't involve community issues

Trabajo de... Presidente de la Comunidad

Mi firma en el foro es...


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

Mark Twain




Roberto's latest forum comments

18 Feb 2021 20:36:

"I gave the seller the proof that I had done that." - form 211

"I don't know how the seller recovered the amount due to him." - form 210

J.t, as far as I know, if past non-resident taxes have not been paid the retention will not be repaid. Hacienda (the tax department) is unlikely to notify you, the onus being on you to have paid all your taxes up to date. Apologies for not answering your specific question originally. 

Thread: 3% retention

14 Feb 2021 18:17:

The buyer retains 3% of the sale price, and then has 1 month from the date of the transaction to pay it to the tax department, submitting a form 211. 

The seller has 3 months from the date the 211 was submitted, to file their own declaration using form 210, and to pay any outstanding tax due.

If a rebate is due, the tax department have 6 months from when a correctly filed 210 is received, to pay the rebate. Any delay paying will accrue interest. 

I have no hard evidence to support this, but I suspect that most of the incidences one hears about of rebates taking years are due to either incorrectly completed applications, or the seller's representative receiving the funds and hanging on to them. In some cases it may be because there were other outstanding taxes due (such as non-resident tax), which have been calculated (with interest & fines) and deducted. 



This message was last edited by Roberto on 14/02/2021.
Thread: 3% retention

14 Feb 2021 16:03:

Since the 3% is held essentially in lieu of any capital gains tax due from the sale, it would be useful to know if you are selling at a loss, or if there will be a taxable gain.

Point being, if there is a gain which results in CGT equal to or greater than the 3%, you won't be getting it back anyway.

Thread: 3% retention

09 Feb 2021 22:00:

Lucky you! Ignore my questions then.

Good luck with your future plans.

Thread: Property Finders - worth the money?

09 Feb 2021 16:53:

Just being a bit nosey, and fully appreciate you may not want to answer - but are you British? And are you thinking of staying more than 3 months in any 6 month period? I'm curious, because a family member (in the UK) just asked me what type of visa he will need if we wants to spend more than 3 months at his apartment in Benidorm. As far as I know, there is no such visa for tourists. On the other hand, another family member (also UK resident) owns a property in the Canaries, and before Dec 31st applied for residency, so that they can work remotely for periods of time if they decide to. Is this something other non-resident property owners have done?

Thread: Property Finders - worth the money?


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