New twist to IBI questions

[Bongtrees]

An English friend just called to see me because he had just been to Town Hall to pay IBI and was told to come back next year!

Apparently they told him that last year so has paid no IBI for 2 years.

My Spanish is not good but looking at his escritura the photocopy of the IBI was dated 1993!! but friend only purchased house December 2003, worse still is he now needs to sell.

He did use an abogada for his purchase who was present at the Notary and apparently translated everything but forgot to mention the IBI!!

He doesn't have a good relationship with his abogada since discovering that she charged him and his wife twice once for NIFs and then for NIEs
145 euros x 4.

She is known in these parts for aggressively marketing her ¨services¨ to the point of doing a will for someones 85 year old grandma who doesn't have any property and only a paltry UK pension!

Mike

[jpinks]

If you get on well with the folks in the Ayuntemiento, go back and ask them what is going on. The IBI might be being paid direct form someone's bank account!!! They should certainly tell you more than just "come back next year" - that's ridiculous. Ask them why, what is happening, who is registered as being liable to pay IBI, etc, etc. If they are totally unfriendly - write them a nice letter in Spanish and get it delivered by recorded delivery. And get a new abogado. You are not obliged to use the pushiest one!

[Beachcomber]

The most recent IBI receipt is supposed to be incorporated in the escritura. This obviously is not possible when it is a new build or someone wishes to sell before the IBI has been prepared by the Town Hall. I bought a new apartment over four years ago and the Town Hall still has not done the paperwork for the IBI.

However, this appears not to be the case in your example. If the escritura incorporates an old IBI receipt there is probably a reason contained in the wording. In common with many things that the notary is supposed to ensure these requirements can be ignored if some reason for doing so is written into the escritura.

Your friend will need to get someone to read through the escritura and see if this is the case and go to the Town Hall, with a translator if necessary, to find out why they do not want his money.

The antics of his lawyer seem to be about par for the course! If she has to generate work for herself in this way she is obviously best avoided!

[Lorraine - Mijas]

Sometimes the town hall can be stubborn and pig headed, I've been greeted previously with the "come back next year" Followed by the customary Spanish shoulder shrug. Even when I insisted that I was selling my property (which I thought I was at the time) THERE answer was, SO, it's not your problem , just sell it and leave the buyer to have it as his problem next year, Hardly helpful when your trying to do the right thing!!
I've since paid mine up to date but no doubt will encounter the same again as and when a sale is pending, so I can appreciate how frustrating there lack of logic can be!!
Lorraine

[jpinks]

It has to be said that the Ayuntemiento here could not be more helpful over such things.