Search found 191 matches

by DavidSearl
Fri Jul 09, 2010 6:30 pm
Forum: You & the Law in Spain
Topic: Penalty for not paying CGT if caught??
Replies: 35
Views: 3813

Re: Penalty for not paying CGT if caught??

FROM DAVID SEARL FOR JOOL All of the posts are correct, even the nastiest ones. People should read the big print and the fine print, too. The question was: What are the penalties? The answer is: If you pay voluntarily any late tax, the penalties range from 5 per cent if you pay within 3 months of du...
by DavidSearl
Fri Jul 09, 2010 6:15 pm
Forum: You & the Law in Spain
Topic: Community Debtors List
Replies: 6
Views: 1187

Re: Community Debtors List

FROM DAVID SEARL FOR PAULA And, thank you, Martin, for citing its effect. There is no law requiring that community members be individually informed of the list of current debtors. There is no law prohibiting that community members be individually informed of the list of current debtors. So go ahead ...
by DavidSearl
Fri Jul 09, 2010 6:04 pm
Forum: You & the Law in Spain
Topic: Special Assessment community payments
Replies: 2
Views: 555

Re: Special Assessment community payments

FROM DAVID SEARL FOR PAULA The President of the Community is a servant of the assembled owners who vote at the AGM. 1. In principle, he may not make any special charges which the AGM has not authorised him to make. 2. When necessary and urgent, he may authorise expenses which he must later justify t...
by DavidSearl
Fri Jul 09, 2010 5:51 pm
Forum: You & the Law in Spain
Topic: Nota Simple
Replies: 7
Views: 3259

Re: Nota Simple

FROM DAVID SEARL FOR JANDA As noted, a "Nota Simple" is an extract of the key points in your title deed, the escritura, as registered in the Property Registry. A buyer will certainly want to see your full escritura but the Nota Simple at least shows you as the authentic owner of the proper...
by DavidSearl
Fri Jul 09, 2010 12:03 pm
Forum: You & the Law in Spain
Topic: My Cortijo, Under-valued on purchase!
Replies: 15
Views: 4607

Re: My Cortijo, Under-valued on purchase!

FROM DAVID SEARL FOR BONGTREES, BEACHCOMBER ET AL HOW TO KNOW WHAT THE TAX AGENCY WILL ACCEPT Quite right, Beachcomber. "Apply the municipal multiplier". Each municipality has a multiplying factor which is applied to the "Valor Catastral" that appears on your annual IBI receipt. ...
by DavidSearl
Wed Jul 07, 2010 6:24 pm
Forum: You & the Law in Spain
Topic: CGT and a "10 year rule"?
Replies: 39
Views: 4936

Re: CGT and a "10 year rule"?

FROM DAVID SEARL FOR BEACHCOMBER AND EL CID ET AL I just LOVE your Smiley, Beachcomber. Yes, we all love it when the Expert is caught out. Don't tell the others, but it has even happened to me, once in front of an audience of 300 people in Mijas. How embarrassing it was. Best Regards, David Searl
by DavidSearl
Fri Jul 02, 2010 11:30 am
Forum: You & the Law in Spain
Topic: the president has resigned
Replies: 3
Views: 1186

Re: the president has resigned

FROM DAVID SEARL FOR FESTIVAL, SICK AND TIRED, AND PIGS-MIGHT-FLY Yes, both responses are correct, Festival. 1. The President's simple letter of resignation is without legal effect. He remains president. 2. He must, as noted, ask a court to relieve him of the post officially if he wishes to act unil...
by DavidSearl
Fri Jul 02, 2010 11:22 am
Forum: You & the Law in Spain
Topic: CGT and a "10 year rule"?
Replies: 39
Views: 4936

Re: CGT and a "10 year rule"?

FROM DAVID SEARL FOR CASITA-BONITA AND JOOL AND BEACHCOMBER Thanks for the references, all. Yes, Casita-Bonita, there are similar reductions for shares and stocks and other investment vehicles. The reduction amounts are different and apply for different time periods and this is not well covered in Y...
by DavidSearl
Fri Jul 02, 2010 10:21 am
Forum: You & the Law in Spain
Topic: Books by David Searl
Replies: 3
Views: 1013

Re: Books by David Searl

FROM DAVID SEARL FOR JOOL AND ENRIQUE Well, you seem to have figured it out. Yes, if you go to the Santana website, you can order the 20th Edition Update for €9.90, which will bring your 20th (2010) edition up to date. (Except they made radar detectors illegal 10 minutes after we went to press, so I...
by DavidSearl
Thu Jun 24, 2010 3:38 pm
Forum: You & the Law in Spain
Topic: tenants not paying electric bills
Replies: 4
Views: 1295

Re: tenants not paying electric bills

FROM DAVID SEARL FOR HMALONEY If you have a contract with your tenant which states the tenant pays the electric bill, and the tenant does not pay it, you have the legal right to go to court with your lawyer and the court will order the tenant to pay what he owes, plus your legal costs. The fact that...
by DavidSearl
Thu Jun 24, 2010 3:31 pm
Forum: You & the Law in Spain
Topic: Change in CGT for non residents?
Replies: 8
Views: 1145

Re: Change in CGT for non residents?

FROM DAVID SEARL FOR JOOL If you will obtain the 20th Edition of You and the Law in Spain (and the upcoming UPdate), you will find in Chapter Nine a full discussion of Spanish Capital Gains Tax for residents and non-residents. There are sample calculations for 1. Long-Term Owners, those who bought b...
by DavidSearl
Thu Jun 24, 2010 3:13 pm
Forum: You & the Law in Spain
Topic: My Cortijo, Under-valued on purchase!
Replies: 15
Views: 4607

Re: My Cortijo, Under-valued on purchase!

FROM DAVID SEARL FOR GOATHERD I am pasting in here a section from the 2010 Update of You and the Law in Spain, which will give you an idea of how to go about protesting the valuation. The new edition will be on sale shortly. I would advise you to use a Spanish lawyer for this. Good luck with it, Dav...
by DavidSearl
Thu Jun 24, 2010 3:00 pm
Forum: You & the Law in Spain
Topic: legal help
Replies: 7
Views: 2785

Re: legal help

FROM DAVID SEARL FOR EXPAT1 You request legal advice and guidance in your difficult economic position. 1. Legally, you owe money to the credit card companies. The companies are legally empowered to seek payment of this debt in another EU country. They can bring a lawsuit against you in Spain to reco...
by DavidSearl
Sun Jun 13, 2010 3:23 pm
Forum: You & the Law in Spain
Topic: Community Debtors
Replies: 9
Views: 2318

Re: Community Debtors

FROM DAVID SEARL FOR RED DRAGON, JIM ALLEN, ET AL I am supposing that you all have read fljordan's citation of relevant law here, but you are still hoping for an easier way. 1. Can we seize their property? - No, you cannot. 2. Can we cut off their utilities? - No, you cannot. 3. Can we apply punitiv...
by DavidSearl
Sun Jun 13, 2010 2:12 pm
Forum: You & the Law in Spain
Topic: english disabled badges
Replies: 13
Views: 5971

Re: english disabled badges

FROM DAVID SEARL FOR METALMONKEY Your question is: To what EXACTLY does an English Blue disabled badge entitle you in Spain as to parking? The answer is: NOTHING. There is no agreement between Spain and the UK regarding these badges. Keeping that in mind, it would be a most bloody-minded policeman w...
by DavidSearl
Tue Jun 08, 2010 7:02 pm
Forum: You & the Law in Spain
Topic: safety around the pool
Replies: 3
Views: 1744

Re: safety around the pool

FROM DAVID SEARL FOR SHEILAP AND PARILLA Quite right, Parilla. Your sort-of Community, SheilaP, is not subject to any Andalusian regulation at all. It may be subject to a municipal regulation for any swimming pool used by more than one household, but even that is not likely. So, do as you will. Keep...
by DavidSearl
Tue Jun 08, 2010 11:43 am
Forum: Living in Andalucia
Topic: NIE no.
Replies: 13
Views: 1238

Re: NIE no.

FROM DAVID SEARL FOR 10RDAN AND ENRIQUE Good posts. Oh, help. 1. The white NIE form is the Spanish tax form issued to non-residents who do business in Spain. Any business, like owning a house and paying taxes on it. You need the tax identification number even to have a bank account in Spain, as a no...
by DavidSearl
Fri Jun 04, 2010 6:20 pm
Forum: You & the Law in Spain
Topic: No renta submission if income less than 22k
Replies: 5
Views: 1431

Re: No renta submission if income less than 22k

FROM DAVID SEARL FOR OLIVE, EL CID, BEACHCOMBER EL CID AND BEACHCOMBER, you chaps are just great. Just to tie up any loose ends, the key point of the limit of 22,000 euros is that the income must have been subject to Spanish withholding tax already. Which means that tax has actually been paid. Anoth...
by DavidSearl
Fri Jun 04, 2010 6:13 pm
Forum: You & the Law in Spain
Topic: RURAL LAND LAWS
Replies: 5
Views: 2241

Re: RURAL LAND LAWS

FROM DAVID SEARL FOR MIKE507 AND OTHER POSTERS Mike, El Cid and all, really good posts. They should put you in the picture in a general way, Mike. Now, Mike, if you are really interested in buying the other half of your attached cortijo, as I take it, you want to instruct a skilled lawyer who knows ...
by DavidSearl
Wed Jun 02, 2010 9:02 am
Forum: You & the Law in Spain
Topic: certificado question
Replies: 7
Views: 1540

Re: certificado question

FROM DAVID SEARL FOR BONGTREES AND OTHERS Hey, this Forum is really fun. Here is your fifth name. In Mijas you request a "Certificado de Prescripcion Administrativa" which indicates that there is no active case against the property. You may need this when applying for a Licencia de Primera...

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