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Embargo on my bank account

Posted: Sat Jul 25, 2020 4:05pm
24 replies1177 views6 members subscribed
Gez

Posts: 38

11 helpful points

Location: Torrevieja

Joined: 18 Jan 2019

Agencia Tributaria have embargoed my bank account for the sum of 1078.20 amount of the diligence 1292.14. Every time I received a letter from them my Accountant said he would sort it out. They have now taken out 1078.20 apparently for a unpaid tax bill dated 2014. We moved here in October 2014, and we had to get a letter from the UK Inland Revenue stating we lived in the UK in 2014 for tax purposes which we did and got it translated into Spanish as requested my our Accountant. Our Accoutant has now stated he has to appeal to Agencia Tributaria in Madrid to get this amount put back into my bank account. My question neither myself or my husband work. We lived of our savings until 2018. When we took our pension and have kept it below the tax threshold. Neither of us did a nil ta return as assumed as we were not earning we didn’t need to do one, I now know this is incorrect, 

but decided in 2019 as we took a small pension each would be better to do a nil tax return. We are both under the state pension age so only have our private pension at the moment to live on. I just need to understand why I would have got a bill when I. 2014 we did not live here, by the way my Husband has not got a bill yet. My Accoutant says he will sort it but he has. Been saying this all the time I just do t know what to do any help would be highly appreciated thank you.

jimtaylor

Posted: Sat Jul 25, 2020 5:00pm

jimtaylor

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Posts: 5612

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Location: Mudamiento

Joined: 2 Feb 2017

Posted: Sat Jul 25, 2020 5:00pm

Without knowing the reason why the account was embargoed, I doubt that anyone can answer your question. Do you have details?

I doubt it will be anything to do with income tax returns.

Just speculating, and assuming you own a property here, did you pay the property transfer tax? Did the tax office subsequently claim that the property was worth more than the value declared for tax, and that they wanted more transfer tax?

Gez

Posted: Sat Jul 25, 2020 9:57pm

Gez

Original Poster

Posts: 38

11 helpful points

Location: Torrevieja

Joined: 18 Jan 2019

Posted: Sat Jul 25, 2020 9:57pm

I assume our solicitor dealt with all this when we purchased our property in 2016. It seems to go back to 2014. We did not purchase our property until 2016, we have asked our Accountant what the bill is for and all he keeps saying is unpaid tax bill for 2014. Thank you very much Jimfor your fast reply, I am just trying to understand why they are charging me for a unpaid tax bill for 2014 when we didn’t even live here. 

Gez

Posted: Sat Jul 25, 2020 11:15pm

Gez

Original Poster

Posts: 38

11 helpful points

Location: Torrevieja

Joined: 18 Jan 2019

Posted: Sat Jul 25, 2020 11:15pm

This post that was quoted has been deleted.

Thank you for your reply, I am more confused then when I started I assumed it was a mix up as we wasn’t even living here for tax purposes in 2014. I will have to wait and see what our Accoutant finds out as we had to give him power of attorney regarding the embargo. If it is to do with the property we brought in 2016, do I have any recall with the solicitor that dealt with the purchase. Thank you very much for you help and time. 

Kimmy11

Posted: Sun Jul 26, 2020 9:05am

Kimmy11

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Posts: 6870

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Posted: Sun Jul 26, 2020 9:05am

Hi Gez,

In theory, you would have recourse against your abogado (lawyer), if they are registered on the Colegio de Abogados de Alicante, but the judicial process is slow and expensive in Spain.

Unfortunately, there are many "solicitors" and "advisors" who work with estate agents in Spain, who have no such registration, but people unwitting of the pitfalls are still advised to use their agent's "solicitors".

Given what you've said, I think it's most likely that the debt was attached to the property in respect of a previous owner.  In your position, I would at least raise a query with whomever was your legal representative when you purchased the property.

Good luck!

Kind regards, 

Kim

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Gez

Posted: Sun Jul 26, 2020 9:25am

Gez

Original Poster

Posts: 38

11 helpful points

Location: Torrevieja

Joined: 18 Jan 2019

Posted: Sun Jul 26, 2020 9:25am

Kimmy11 wrote on Sun Jul 26, 2020 9:05am:

Hi Gez,

In theory, you would have recourse against your abogado (lawyer), if they are registered on the Colegio de Abogados de Alicante, but the judicial process is slow and expensive in Spain.

Unfortunately, there are many "solicitors" and "advisors" who work with estate agents in Spain, who have no such registration, but people unwitting of the pitfalls are still advised to use their agent's "solicitors".

Given what you've said, I think it's most likely that the debt was attached to the property in respect of a previous owner.  In your position, I would at least raise a query with whomever was your legal representative when you purchased the property.

Good luck!

Kind regards, 

Kim

Thank you very much for your reply, as I say am not sure what the embargo is for, but the Inland Revenue in Spain needed a residential certiifcate from the Uk stating we were liable for UK tax as we lived in the UK in 2014 which we got and got it translated which still makes me think it is a massive mistake rather than a debt on the property. We brought the property I. January 2016 so would have assumed if there was a debt we would have known before now. But I will keep this thread informed as soon as I find out the reason and what we need to do next. As I say am very confused. 

jimtaylor

Posted: Sun Jul 26, 2020 10:00am

jimtaylor

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Posts: 5612

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Posted: Sun Jul 26, 2020 10:00am

Apart from seizing your accountant by his tender bits and making him come clean, there are two other things you could do:

Get an electronic certificate so you can access the Agencia Tributaria website, and look at the notifications and communications on your records. That should tell you exactly what the problem is.

You could also get a nota simple from the Registro de la Propiedad, to find out whether the debt is attached to the property.

Gez

Posted: Sun Jul 26, 2020 10:22am

Gez

Original Poster

Posts: 38

11 helpful points

Location: Torrevieja

Joined: 18 Jan 2019

Posted: Sun Jul 26, 2020 10:22am

jimtaylor wrote on Sun Jul 26, 2020 10:00am:

Apart from seizing your accountant by his tender bits and making him come clean, there are two other things you could do:

Get an electronic certificate so you can access the Agencia Tributaria website, and look at the notifications and communications on your records. That should tell you exactly what the problem is....

...

You could also get a nota simple from the Registro de la Propiedad, to find out whether the debt is attached to the property.

Thanks Jim will see what I can do. Are you saying the Accoutant will know what the embargo is for. 

Gez

Posted: Sun Jul 26, 2020 10:34am

Gez

Original Poster

Posts: 38

11 helpful points

Location: Torrevieja

Joined: 18 Jan 2019

Posted: Sun Jul 26, 2020 10:34am

Gez wrote on Sun Jul 26, 2020 10:22am:

Thanks Jim will see what I can do. Are you saying the Accoutant will know what the embargo is for. 

Hi Jim do I request a simple note sorry to keep picking your brains

John56

Posted: Sun Jul 26, 2020 10:41am

John56

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Posts: 2995

5635 helpful points

Location: La Zenia

Joined: 7 Jul 2016

Posted: Sun Jul 26, 2020 10:41am

Gez wrote on Sun Jul 26, 2020 10:34am:

Hi Jim do I request a simple note sorry to keep picking your brains

The Nota Simple is a basic version of the deeds for your property usually obtained at the Notary at the time of purchase. 

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