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Bargain hunter tax?

Posted: Tue Dec 18, 2018 12:33am
6 replies158 views4 members subscribed
Pabs1010

Posts: 22

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Location: Orihuela Costa

Joined: 21 Oct 2018

Hello! Am about to complete on a purchase and have just been informed by my lawyer that they want more tax from me because the purchase price was 85k but the valuation is around 116k! She is offering to try and get this reduced but i’m unsure of how this might affect any future resale. Can anyone advise? 

killjoy

Posted: Tue Dec 18, 2018 4:49am

killjoy

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Posted: Tue Dec 18, 2018 4:49am

This is usual, as for purpose of taxation the higher value from a. paid purchase price, b. cataster value, and c. the "average market value" (determined every year for every single object) by your "Comunidad Autonoma" is taken. To successfully beat the tax office you need an evaluation by a "tasador judicial", which would superseed a,b, and c. And that's the only way. The fee involved depends on location  and other variables impossible to predict, but should around 300,- as a guideline. I would ask your lawyer if this is what he means with "offering to get this reduced".

Willy

Posted: Tue Dec 18, 2018 8:36am

Willy

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Posted: Tue Dec 18, 2018 8:36am

Hi You will pay 10% of the additional amount so around 3,000 this will not affect any sale but if you sell for a profit which in time you would you have to pay capital gains tax at 19% on any profit over and above  the total purchase price if you do any work on the property you you can offset the IVA on this.

Pabs1010

Posted: Tue Dec 18, 2018 11:54pm

Pabs1010

Original Poster

Posts: 22

1 helpful points

Location: Orihuela Costa

Joined: 21 Oct 2018

Posted: Tue Dec 18, 2018 11:54pm

So if say, i sell in a few years time for 120k and i have paid this extra tax now, would i reduce my capital gains? E.g. i buy now at 85k, have paid sales tax of 8.5k, then pay the extra tax of around 3.5k to reflect their valuation of 116k, then sell at 120k, would my CGT be 21% of the 4k increase, or am i still looking at a CGT bill of 21% on the increase in value from 85k to 120k? 

*i am using 21% as a rough estimate of CGT there- previous post said 19%, i will be non resident, so i thought it was higher than 19%? 

Confused! 

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Pabs1010

Posted: Wed Dec 19, 2018 12:04am

Pabs1010

Original Poster

Posts: 22

1 helpful points

Location: Orihuela Costa

Joined: 21 Oct 2018

Posted: Wed Dec 19, 2018 12:04am

killjoy wrote on Tue Dec 18, 2018 4:49am:

This is usual, as for purpose of taxation the higher value from a. paid purchase price, b. cataster value, and c. the "average market value" (determined every year for every single object) by your "Comunidad Autonoma" is taken. To successfully beat the tax office you need an evaluation by a "tasa...

...dor judicial", which would superseed a,b, and c. And that's the only way. The fee involved depends on location  and other variables impossible to predict, but should around 300,- as a guideline. I would ask your lawyer if this is what he means with "offering to get this reduced".

She is saying that her firm charge 150 euro to do the paperwork for any claim and that they ‘normally win’:

‘I would like to inform that we have a legal department in charge to claim these notifications, the cost is 150€ to make the claim and I can tell you that in most of the cases we has won unless that there is a big different amount of money ,  in this case the VALUE OFFICE send its own Surveyor to do a valuation but this does not happen always because it cost a lot of money or them.’

Willy

Posted: Wed Dec 19, 2018 8:12am

Willy

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Posted: Wed Dec 19, 2018 8:12am

As far as I am aware it is the difference in amount paid including taxes to the amount gained in profit you will pay CGT on at 19% currently to clarify ask you solicitor is best they will tel you exactly ask them to put it in writing to you then you will know the true facts

killjoy

Posted: Wed Dec 19, 2018 9:54am

killjoy

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Posts: 3230

1852 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Wed Dec 19, 2018 9:54am

Willy, it seems to me you mix up transfer tax (actos juridicos dcumentados) with income tax (impuesto sobre la renta).

Pabs1010, your solicitor should know the exact chances for a "win" by just comparing the taxable amount with items a,b, and c mentioned in my earlier message. 150,- (a asesor fiscal would do it for less than half the amount) is a hell lot of money for just setting up a written claim - whose interests is he or she representing?

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