19 Jun 2018 4:53 PM:
So I’m also going through the same process, lawyer is charging me 200 plus IVA initially, then if the town hall contest the issue then 350 plus IVA to go through the litigation process: If the town hall want a price for the land or any other survey, the town hall pay, not the claimant. It can take up to 12 months, but it’s pretty straight forward unless you have not paid the relevant income taxes or rubbish collection charges etc
We sold in May 2017 after the Spanish ruling and argued as we had sold at a loss, we shouldn’t have to pay PlusValia Tax. We were told we had to pay and then claim it back. We paid almost €3000 in PlusValia Tax. Our lawyer made our claim to the local authority (San Javier) and had to wait 6 months for it to be ignored (and it was) then our lawyer submitted another claim in February 2018, during which they had two months to respond (and didn’t). Now we have to pay €350 plus IVA for an architects report on the land price (?) plus lawyers fees to go to court (still trying to get a figure for this).......
We have been told by our legal firm that these expenses are not recoverable if we win - in other words we’ll probably get half, if we’re lucky. We have also been told, by another source, that these expenses incurred will be added to our claim if we win.
Who is correct? Anybody know?
It’s almost a year now since this process began and I think most folk would have thrown in the towel by now. But I intend to see it through - just wish I knew what the law says in these cases regarding incurred expenses. Thx
Thread:
Reclaiming PlusValia on a property sale
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