Responsibility for Payment of IBI

Information and questions about the Law in Spain and Andalucia.
Miro
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Re: Responsibility for Payment of IBI

Postby Miro » Fri Apr 27, 2018 7:05 pm

Agreed, but I was referring to any PV that the owners prior to us may have owed - I know they owned the property for about 20 years.

As for the 3% retention - for reasons that I won't go into again here, we actually sold as non-resdients, and therefore 3% was retained by the buyer and duly paid to Hacienda, and we then submitted our reclaim for the full amount. That was in July last year. Still waiting...... :evil:
(Our gestor has enquired on our behalf numerous times, only to be told it's "en tramite". Meanwhile they haven't told us we're not going to be repaid, we live in hope...)
Don't worry about what people think, they don't do it very often

"Acquiring a dog may be the only opportunity a human ever has to choose a relative," Mordecai Siegal 1935-2010.

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knowal
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Re: Responsibility for Payment of IBI

Postby knowal » Sun Apr 29, 2018 9:32 am

I was caught out on this. We left Spain in December 2014, and we had a buyer (deposit paid) all lined up. However, the solicitors faffed about so much the sale wasn't completed until March 2015, so we ended up paying the buyer's IBI for the year 2015!
Oh well, some things you have to put down to experience. €246.54 worth of experience.

Miro
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Re: Responsibility for Payment of IBI

Postby Miro » Sun Apr 29, 2018 7:05 pm

Just out of interest, WH, did you sell as residents or non-residents? If as non-residents, did you reclaim the 3% by reinvesting your sale proceeds in the UK? If as residents, did you then have to file IRPFs for 2015? Or did you do what we probably should have done - sell as residents (no 3% retention) and then just leave and do nothing?
Don't worry about what people think, they don't do it very often

"Acquiring a dog may be the only opportunity a human ever has to choose a relative," Mordecai Siegal 1935-2010.

Len S
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Re: Responsibility for Payment of IBI

Postby Len S » Mon Apr 30, 2018 10:54 am

Miro, what is an IRPF?

Paulinmalaga
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Re: Responsibility for Payment of IBI

Postby Paulinmalaga » Mon Apr 30, 2018 11:10 am

I So Bella tis you

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knowal
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Re: Responsibility for Payment of IBI

Postby knowal » Wed May 02, 2018 7:03 pm

Miro wrote:Just out of interest, WH, did you sell as residents or non-residents? If as non-residents, did you reclaim the 3% by reinvesting your sale proceeds in the UK? If as residents, did you then have to file IRPFs for 2015? Or did you do what we probably should have done - sell as residents (no 3% retention) and then just leave and do nothing?
We sold as residents, no retention.
We should have submitted a tax return in 2015 (for 2014) but reckoned that Spain had received more than their kilogram of flesh, so did not.
We also thought it would be less complicated that way.
HMRC dealt with us as resident for part of the 2014/15 tax year, which meant I had to pay a bit more.
I've been back to Spain since and didn't get arrested at the airport. :lol:

Miro
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Re: Responsibility for Payment of IBI

Postby Miro » Thu May 03, 2018 12:21 pm

Thanks for the honest answer!
If we ever get our 3% back, I'll feel vindicated, but the longer we wait, the more I feel we should perhaps have done as you did and chanced it. It was the capital gain on the property sale (on paper) that made me concerned that if we didn't subsequently file a tax return they may track us down. If there was no capital gain, I'm certain we would have done the same (no 3% retention) and let them sing for any income tax due for the year we sold; but selling as non-residents meant no need to file or pay income tax for last year (and none in the UK because we're below the allowances here). We're entitled to the 3% back because (as former residents) we can reclaim it by having reinvested the sale proceeds (within the EU - maybe they're waiting for Brexit to claim we're non-EU members!)
Don't worry about what people think, they don't do it very often

"Acquiring a dog may be the only opportunity a human ever has to choose a relative," Mordecai Siegal 1935-2010.


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