Lawyers are a waste of time. - Taxes in La Marina: Suma, NIE and general tax advice - La Marina forum - Costa Blanca forum in the Alicante province of Spain
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Lawyers are a waste of time.

Posted: Sun Sep 16, 2018 6:51pm
4 replies188 views2 members subscribed
Davey1947

Posts: 5

Location: La Marina

Joined: 29 Mar 2018

Hi I lived in Spain  from 2012 until 2016 owned a property for two years sold it and was stopped 3% tax approximately €5000 which our lawyer in Hondon de los frailes said we would get back after rentingfor the last two years we returned to the UK leaving money in Sabadell bank for holidays only to find out the tax office took  €4035 out of my bank for an embargo tax I contacted the lawyer in Hondon de los frailes they asked for letters from the tax office which I sent to them they have completely ignored all correspondence I have offered to pay for their services just to explain to me why I've never had a refund on the sale of my house and why I paid embargo tax.

jimtaylor

Posted: Mon Sep 17, 2018 5:16am

jimtaylor

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Posts: 5612

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Location: Mudamiento

Joined: 2 Feb 2017

Posted: Mon Sep 17, 2018 5:16am

You say that you lived in Spain, but I asume from the 3% retention that you weren't legally resident and were therefore classed as non-resident.

Non-resident property sales are subject to the 3% retention, which is paid to the tax office as a deposit against the capital gains tax you have to pay. If the actual tax due is less than 3% then you can request a refund; if the tax due is more than 3% then you have to pay the balance.

Davey1947

Posted: Mon Sep 17, 2018 9:26am

Davey1947

Original Poster

Posts: 5

Location: La Marina

Joined: 29 Mar 2018

Posted: Mon Sep 17, 2018 9:26am

I was a legal resident but not a tax paying resident as my income was below the tax threshold I was registered  with the national health and also had an NIE number I had to become a resident to own property and also own a car and pay all relevant suma bills.

jimtaylor

Posted: Mon Sep 17, 2018 9:48am

jimtaylor

Legendary helpful member

Posts: 5612

8738 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Mon Sep 17, 2018 9:48am

As a resident you are obliged to submit an initial tax return for the first full year of residence, even if no tax is due.

If you weren't registered at a fiscal resident, then the deduction of the 3% retention was quite correct.

Davey1947

Posted: Mon Sep 17, 2018 9:57am

Davey1947

Original Poster

Posts: 5

Location: La Marina

Joined: 29 Mar 2018

Posted: Mon Sep 17, 2018 9:57am

This is why lawyers are a waste of time because I was only told about becoming a fiscal resident as I was selling my property which was to late maybe the tax office and lawyers have an agreement for collecting money I also know others which have never received the refund of tax on the sale of their property.

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Costa Blanca Building Specialists
ASSSA Insurance
Gentlevan Removals
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