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Re valuation by tax office

Posted: Wed Apr 25, 2018 11:24am
11 replies289 views7 members subscribed
Jact

Posts: 45

16 helpful points

Location: Mil Palmeras

Joined: 22 Nov 2017

Hi just want to share with you,,,

We bought our property in Mil Palmeras in January this year, we have just received an email from our lawyers stating the local tax office has revised the price we paid & increased its value for tax purposes by over €30000.

This will result in an extra tax payment demand of over €3000.  Apparently, because some properties have been reduced in price to get a sale, the tax office is justified in adjusting the sale price to ensure they receive the higher valuation of tax.  Obviously we are appealing but just wondered if anyone else has experienced this after their purchase had been completed?

Thanks

Jacqui

Willy

Posted: Wed Apr 25, 2018 12:05pm

Willy

Helpful member

Posts: 375

235 helpful points

Location: Benijofar

Joined: 26 Feb 2018

Posted: Wed Apr 25, 2018 12:05pm

Hi in this case the only way you will win an appeal is if you can get an architect to say that the property was in a dire state and only worth what you paid this needs to be backed up with a report and photographic evidence as the local values are cast in stone and the values have actually been previously reduced to reflect current market values or you would be paying a lot more  basically you must have got a very good deal and although it comes as a shock if you have not been informed by your solicitor of this at purchase you should be pleased you got a property 30K below value,  This happened to me but my lawyer informed me it may! and to be honest with the price I paid I was quite happy paying the tax.

Minty68

Posted: Wed Apr 25, 2018 12:06pm

Posts: 22

12 helpful points

Location: Villamartin

Joined: 16 Mar 2017

Posted: Wed Apr 25, 2018 12:06pm

Yes I did I had to pay 2000 I apeald it and it took a year then was told I could take it further but would of cost me more than that .so I just paid it .hope you don't have to pay .but yes its all wrong .should be down to the seller or there estate agent 

dinnerout

Posted: Wed Apr 25, 2018 12:09pm

dinnerout

Legendary helpful member

Posts: 2190

2447 helpful points

Location: Beniarbeig

Joined: 18 Sep 2015

Posted: Wed Apr 25, 2018 12:09pm

This is a valuation referred to as Valor Catastral. 

In the days of black money, it was often the case that buyer and seller would agree a price for the escritura (deed) that was much lower than the money that was changing hands. For example buyer might agree a purchase price of 300.000, pay 200.000 in the deed and then pay the other 100.000 in cash. This reduced the amount of tax paid to the state. To stop the practice all properties are officially valued and if you don't pay tax on the official value they are pretty good at catching up with you within the year. 

Often a solicitor will give you the opportunity to pay the correct level of tax on completion but sometimes they don't. 

anna66

Posted: Wed Apr 25, 2018 5:18pm

anna66

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Posts: 137

56 helpful points

Joined: 2 Nov 2016

Posted: Wed Apr 25, 2018 5:18pm

Jact wrote on Wed Apr 25, 2018 11:24am:

Hi just want to share with you,,,

We bought our property in Mil Palmeras in January this year, we have just received an email from our lawyers stating the local tax office has revised the price we paid & increased its value for tax purposes by over €30000.

This will result in an extra tax payment demand of over €3000.  Apparently, because some properties have been reduced in price to get a sale, the tax office is justified in adjusting the sale price to ensure they receive the higher valuation of tax.  Obviously we are appealing but just wondered if anyone else has experienced this after their purchase had been completed?

Thanks

Jacqui

Just had the same situation but appealed it and have just heard that we have won the appeal it's taken about 8 months and took three appeals, has cost 600 euro, they also have 2 months to appeal the decision. My abogado says that if they don't send a surveyor out to inspect then they have no legal right to increase the tax.

Anna

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finmar

Posted: Wed Apr 25, 2018 6:23pm

finmar

Helpful member

Posts: 116

124 helpful points

Location: Playa Flamenca

Joined: 17 Jan 2016

Posted: Wed Apr 25, 2018 6:23pm

It is incorrect that you need a  valuation.  Get a good lawyer who has been successful in dealing with complementaria.  I received a notification last year saying that my house was worth double the price I paid and that I owed 8,700 euros.  I quickly procured a good lawyer who lodged my appeal within the required 10 days and have just had notification that I won my appeal after a year.  I used Spanish Solutions in La Zenia who have a very good lawyer who dealt with my appeal.  I did not need revaluation. I paid a fee of 370 euros.

Jact

Posted: Wed Apr 25, 2018 7:36pm

Jact

Original Poster

Posts: 45

16 helpful points

Location: Mil Palmeras

Joined: 22 Nov 2017

Posted: Wed Apr 25, 2018 7:36pm

Thanks for all the replies, they have been helpful.  We are now hopeful that we will be able to fight this action by the tax office & have instructed our lawyers to prepare our case.  We understand,to some degree, all the arguments for the tax to be reviewed after sale if there had been some cohersion to avoid the correct amount of tax,  but this was not the case here. 

 The property had been up for sale for well over a year at this price & had attracted just one or two offers. It was reduced by just a few thousand euros when we had our offer accepted.  It’s only a one bed property that needed complete refurb which we have now completed together with installing aircon.  It would never of sold if it had been valued at €32000 more than what we had paid.  

10% purchase tax is exactly that! To then have the value reviewed so that you can increase the tax revenue seems wrong if none of the properties are fetching those inflated prices in the area, even the two bed ones are for sale less than what they now value ours at.

If the local tax office would like to buy our property for the value they have put on it, we would accept their very generous offer.

dinnerout

Posted: Wed Apr 25, 2018 7:45pm

dinnerout

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Posts: 2190

2447 helpful points

Location: Beniarbeig

Joined: 18 Sep 2015

Posted: Wed Apr 25, 2018 7:45pm

Just for clarity, I wasn't suggesting that there was any impropriety with your purchase, merely pointing out why the regulations were changed. 

Jact

Posted: Wed Apr 25, 2018 8:12pm

Jact

Original Poster

Posts: 45

16 helpful points

Location: Mil Palmeras

Joined: 22 Nov 2017

Posted: Wed Apr 25, 2018 8:12pm

Thanks we understand you didn’t imply this🙂

Willy

Posted: Wed Apr 25, 2018 9:20pm

Willy

Helpful member

Posts: 375

235 helpful points

Location: Benijofar

Joined: 26 Feb 2018

Posted: Wed Apr 25, 2018 9:20pm

The problem is if you appeal without the correct back up information for your case and don't win the costs against you could be way more!

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