How to claim plus valia with tax office

Information and questions about the Law in Spain and Andalucia.
lynndm
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How to claim plus valia with tax office

Postby lynndm » Fri May 12, 2017 5:36 pm

We are selling a property and are non-residents who are returning to England. We are aware that if selling at a loss that it is now an illegal tax but until there is a national law, we still have to pay this and then claim it back which, if completed through a solicitor, will no doubt incur a hefty cost. Therefore, does anyone know how to claim this online with the Spanish tax office?

Miro
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Location: Merseyside, formally Torremolinos

Re: How to claim plus valia with tax office

Postby Miro » Fri May 12, 2017 6:12 pm

Plus Valia is levied by town halls, not Hacienda (the tax office), so I doubt if you'll get far trying to claim it back from them. If you are returning to England and won't be in Spain to chase things yourself, I don't think you have much choice but to use a lawyer or gestor.
Your other option (and not one that I'm recommending or condoning) is to simply not pay it. Unless your buyer is retaining the amount due and paying it on your behalf, the onus is on you to pay it within 30 days of the sale. If you do not, legally the debt will be in your name, but as non-residents, there's a strong possibility that the town hall will prefer to try and claim it against the property, i.e. the new owner, rather than try chasing you abroad. Of course, I don't know this for certain, so it's really up to you - would you sleep at night, knowing there's an unpaid bill in Spain with your name on it?

We're lucky - our Spanish buyer somewhat surprisingly produced a private contract for us to sign, stating she would be paying the Plus Valia (I've posted about it on another thread: viewtopic.php?f=41&t=37149) and although she did try to wriggle out of it later, she relented and has agreed she's paying it, and it will be so stated in the escritura - so if she decides not to pay it after the event, the debt will definitely be hers not ours.
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Free at Last
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Location: Velez-Malaga

Re: How to claim plus valia with tax office

Postby Free at Last » Fri May 12, 2017 6:18 pm

I've recently sold my house too - completed last week. I sold as tax resident in Spain and paid the plus valia myself, but I was informed that had I been non-resident it is standard practice for the amount of the plus valia to be retained by the buyers' lawyer. because of the possibility that a non resident vendor would simply not pay it, leaving it to fall upon the buyer.

I agree with Miro that using a gestor or lawyer to reclaim the money on your behalf, if you are not in Spain, would be the best (if not the only option).

Free at Last
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Location: Velez-Malaga

Re: How to claim plus valia with tax office

Postby Free at Last » Fri May 12, 2017 6:49 pm

My own municipality has announced that they are making a form available for sellers to reclaim plus valia if they have sold at a loss (doesn't apply to me). However, they will not actually pay out within the next six months as they are awaiting clarification of the changes in the law.

http://www.20minutos.es/noticia/2982079 ... plusvalia/

Don't know what approach the local authority in the OP's area are taking, but if similar, she should not expect to be receiving any money back any time soon!

lynndm
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Joined: Tue Dec 03, 2013 5:57 pm

Re: How to claim plus valia with tax office

Postby lynndm » Sat May 13, 2017 9:33 am

Thank you everyone for taking the time to respond with advice etc on this query. My husband and I do not intend to avoid the payment but would prefer to submit the claim ourselves rather than pay yet another fee for someone else to do this. If anyone has tried to submit a Plus Valia claim themselves, and we know it was only in March this year that the ruling of its illegality was reached, we would appreciate their experience in doing this.


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