We sold our apartment in February and paid 3750€ in tax (3%), am I correct in thinking that we can claim part of this back and if so how do we do this? Our lawyer has not been very helpful. TIA.
Posted: Sat Oct 24, 2020 4:39pm
I believe if the property is around the same price, that you have bought, you can claim the tax back .
I’m not 100%
Christina92 wrote on Sat Oct 24, 2020 4:39pm:
I believe if the property is around the same price, that you have bought, you can claim the tax back .
I’m not 100%
Thank you for your reply , we did not buy another property we returned home to the uk. We sold for less than what we originally paid and made a substantial lost when you take in account legal fees etc.
Posted: Sat Oct 24, 2020 7:03pm
Super helpful member
A lawyer can only aks a tax advisor. What you need is an "asesor fiscal" who also will do all the paperwork if there is anything to claim. His fes are reasonable.
Jan57 wrote on Sat Oct 24, 2020 6:11pm:
Thank you for your reply , we did not buy another property we returned home to the uk. We sold for less than what we originally paid and made a substantial lost when you take in account legal fees etc.
I believe you have a limited time to apply for it. We lost 3000€ in 2010, like you made a big loss(36k€) as we didn't use a solicitor because our estate agent said we didn't need to, so he did all work. He told us it might take a year, and we constantly emailed, then 6 months later phoned his office to be told he, d done a runner with buyers deposits too. Big write up in Costa Blanca News so we thought he,d never paid it to the taxman and kept it. Years later found out it, s the buyers solicitor who retains it for tax so we tried to contact them but found we,d left it too late. Good luck cos I believe(from what I, ve read recently) it's months not years.
Regards
Pauline
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Posted: Sun Oct 25, 2020 12:35am
Legendary helpful member
Hi Jan,
You're talking about the Non-resident 3% retention. This amount is retained by the buyers of your property (usually their lawyer) and has to be paid to the AEAT (Spanish tax office). Your own representative should then claim it back on your behalf, but note that it can take as long as a year to receive the refund. How much refund you receive will depend on whether you owe any taxes, which the AEAT will deduct before refunding the balance.
Kind regards
Kim
Kimmy11 wrote on Sun Oct 25, 2020 12:35am:
Hi Jan,
You're talking about the Non-resident 3% retention. This amount is retained by the buyers of your property (usually their lawyer) and has to be paid to the AEAT (Spanish tax office). Your own representative should then claim it back on your behalf, but note that it can take as long as...
Read more...
... a year to receive the refund. How much refund you receive will depend on whether you owe any taxes, which the AEAT will deduct before refunding the balance.
Kind regards
Kim
Hello Kim, thank you again for your help, I will contact our lawyer as he was also the buyers lawyer, all done via estate agent , unfortunately after the sale he has been difficult to contact. Lesson learnt never use estate agents lawyer.
Posted: Sun Oct 25, 2020 8:31pm
You can claim back the 3% tax only if you had sold for less than what you have purchased for. The application must be submitted to the AEAT the latest 3 months after the sale has been completed at the notary. If you submit the application later, AEAT will charge you with a penalty for late submission.
I agree with Kim, that refund can take time tto get through and that the amount to receive depends wether you owe any tax or not.
Delilah wrote on Sun Oct 25, 2020 8:31pm:
You can claim back the 3% tax only if you had sold for less than what you have purchased for. The application must be submitted to the AEAT the latest 3 months after the sale has been completed at the notary. If you submit the application later, AEAT will charge you with a penalty for late submis...
Read more...
...sion.
I agree with Kim, that refund can take time tto get through and that the amount to receive depends wether you owe any tax or not.
Delilah, thank you for reply , we bought for 128.5K plus legal fees, we sold for 125K minus legal fees. Are you saying our lawyer should have automatically claimed money back on our behalf within three months of sale, he never mentioned anything about this, are we now too late ?
Jan57 wrote on Sun Oct 25, 2020 8:45pm:
Delilah, thank you for reply , we bought for 128.5K plus legal fees, we sold for 125K minus legal fees. Are you saying our lawyer should have automatically claimed money back on our behalf within three months of sale, he never mentioned anything about this, are we now too late ?
That was what we were told as I said earlier, but we only found out several years later as we thought estate agent must has stolen the money.
Regards
Pauline
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