Payment of 3% When a Non Resident's Property is Sold

Information and questions about the Law in Spain and Andalucia.
Len S
Andalucia.com Amigo
Posts: 196
Joined: Tue Aug 10, 2004 7:02 pm
Location: Wirral, Merseyside and Alcaucin, Spain

Payment of 3% When a Non Resident's Property is Sold

Postby Len S » Fri Sep 14, 2018 8:42 am

When a non tax resident sells a property is the payment of the 3% retention to the tax authorities the ULTIMATE responsibility of the purchaser or the purchasers solicitor who is acting for the purchaser in the sale. I ask as my wife and I have sold our Spanish property and the solicitor acting for the purchaser is making an incompetent mess of the payment.

Many thanks in anticipation.

Beachcomber
Andalucia Guru
Posts: 9551
Joined: Tue Jun 15, 2004 11:11 pm
Location: Guadalhorce Valley

Re: Payment of 3% When a Non Resident's Property is Sold

Postby Beachcomber » Fri Sep 14, 2018 10:07 am

Spanish lawyers rarely take responsibility for anything. It is the buyers who will incur the wrath of AEAT and be subjected to a considerable fine if the retention is not paid or if it is paid after the period allowed for payment.

You will not be able to complete your own Capital Gains Tax return until you have a copy of the form 211 showing that payment has been made.


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