Plus Valia

Information and questions about the Law in Spain and Andalucia.
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fincalospinos
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Re: Plus Valia

Postby fincalospinos » Thu May 04, 2017 4:18 pm

I came across this a few years ago when buying from a non resident seller. My solicitor advised me to retain the Plus Valia amount from the purchase price and pay this directly to the town Hall. I believe the reason was because in the past the town halls found difficulty in getting payment from non residents and the tax was registered against the property.
Hardworking resident !!

Miro
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Re: Plus Valia

Postby Miro » Thu May 04, 2017 4:23 pm

Which is why we're selling as non-residents! But our buyer is not retaining the amount of the plus valia, because she cocked up :shh:
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.

lynndm
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Re: Plus Valia

Postby lynndm » Tue Aug 27, 2019 9:36 am

Hello. Does anyone know if there is a form to claim back the Plus Valia we paid without going through a solicitor as their fees are exorbitant?

Beachcomber
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Re: Plus Valia

Postby Beachcomber » Tue Aug 27, 2019 10:17 am


lynndm
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Re: Plus Valia

Postby lynndm » Tue Sep 03, 2019 8:55 am

Thank you beachcomber. I will need to translate this first but can you please advise if this is the form which can be submitted to any Town Hall and are you aware of any successes in getting this payment refunded?

Beachcomber
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Re: Plus Valia

Postby Beachcomber » Tue Sep 03, 2019 11:15 am

The is just a pro-forma produced by a legal firm. I am not aware of any successful applications except the ones as a result of the original court cases.

If you submit an application it will be rejected as a matter of course and in order to appeal you will need to get an assessor to give you officially assessed valuations of purchase and sale because they will not trust the escritura values.

If you end up having to take the case to court you will obviously need a lawyer and give powers of attorney to court procurators etc.

The municipal authorities rely on the fact that you probably won't have the inclination to go through with it.

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marios
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Re: Plus Valia

Postby marios » Tue Sep 03, 2019 6:24 pm

If we sell our Villa then our plus valia will be about 16,000 euros, the land that we bought and built on is still being sold for around the same price or actually lower, this is the biggest Spanish rip off, unbelievable, this is for 15yrs ownership.

lynndm
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Re: Plus Valia

Postby lynndm » Wed Sep 04, 2019 5:07 pm

Hello. Is anyone aware of how to complain about this unlawful charge? I found this link: https://www.tumbit.com/how-to-guides/ar ... spain.html - and wondered if anyone has tried to complain via this link. Please let me know if you have or if anyone knows anything about this - beachcomber, you seem to have considerable knowledge about procedures in Spain so are you aware of this link? Many thanks in advance. I understand your frustration marios as do I and my husband and expect there are many more of us in the same position who are angry at Spanish bureaucracy!

El Cid
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Re: Plus Valia

Postby El Cid » Wed Sep 04, 2019 6:20 pm

How does Plus Valía apply to rustic (non urban) land?

Sid

Beachcomber
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Re: Plus Valia

Postby Beachcomber » Wed Sep 04, 2019 6:33 pm

Some Town Halls do not apply Plus-Valía to rural land but others do not.

I am aware of the Tumbit article, I have mentioned the Defensor del Pueblo on several occasions.

maureenscot
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Re: Plus Valia

Postby maureenscot » Wed Sep 04, 2019 8:57 pm

Do all citizens get this charge? Is there any petitions on the go? Thanks

Beachcomber
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Re: Plus Valia

Postby Beachcomber » Wed Sep 04, 2019 9:33 pm

No, Alhaurín de la Torre, for example, does not impose plus-valia on rural properties. No idea about petitions.

Tom W
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Re: Plus Valia

Postby Tom W » Thu Sep 05, 2019 9:00 am

Maureen
I'm no expert, just a victim, but AFAIK yes, everyone pays it when you sell a property. The amount is determined by how many years you've owned the property and the value, sorry the official value! I've read in the past that the average is about €3,000 but in our case and others we know of it is a lot more than that! But never fear 3 years on and we're advised we should get it back in another 18 - 24 months!

Beachcomber
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Re: Plus Valia

Postby Beachcomber » Thu Sep 05, 2019 11:46 am

PRP Málaga has an online calculator but this generic calculator gives a fairly accurate result and also shows the calculations:

https://www.foro-ciudad.com/plusvalia-municipal.php

lynndm
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Re: Plus Valia

Postby lynndm » Tue Jun 22, 2021 12:23 pm

Dear all

Has anyone had success in claiming this illegal property tax and in partiocular, within the Mijas region?

Tom W
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Re: Plus Valia

Postby Tom W » Tue Jun 22, 2021 1:41 pm

Hi Lynn
No joy for us so far sadly. We're not in Mijas but Benalmadena. I note from my post here back in Sept 2019 that we should've had it back by or around now but that is not the case. In fact currently we have no idea what stage the claim is as the lawyer dealing it is not responding to our enquiries!
Hopefully someone will chip in with some more hopeful news for you (and us). I've read varying reports of law changes that contradicted each previous report so I've no idea what the situation is these days.

lynndm
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Re: Plus Valia

Postby lynndm » Tue Jun 22, 2021 2:47 pm

Hi Tom

I can't find any updates, except from Spanish lawyers offering to act on our behalf - no surprise there!! - or anyone else either. I must admit that during the past year we expected everything like this to go on hold so am not surprised there is no information on this matter, and also think there is very little chance of any Spanish authorities refunding anything in light of the costs of the pandemic and loss of tourist revenue etc. Typically, as we all know, Spanish authorites have always been very quick to chase outstanding payments to them but are totally reluctant and unwilling to pay what they owe us!! If I hear anything, I wll let you know. Hope you got through the past year without any health problems!

Tom W
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Re: Plus Valia

Postby Tom W » Tue Jun 22, 2021 8:27 pm

Thanks Lynn, we've been fine and had 2nd jags 3 weeks ago so fingers crossed. Agree that chances are not good and, to be honest when we had to pay it we were not happy but accepted that was the rules but having been given hope that it would be repaid is the hardest part. We will just need to see the outcome.


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