Are you due a rebate on your Spainish Capital Gains Tax payments?

[Editor]

A ruling by the EU has confirmed that the differing rates of Spanish Capital Gains Tax for residents and non-residents was illegal. Are you due a rebate on your historic Spanish capital gains tax payments?

For more details check our article at "UK holiday homes in Spain attract capital gains tax rebate".

Views and comments appreciated.....

[Goldberg Global]

Hi, this is a very important thing.
We are working with an english speaking lawyer who is a doctor of law and deals in legal and fiscal matters for English and Non resident clients.

They will work to get your capital gains tax back if you overpaid. With the difference in Eu law and Spanish law, the dates you claim should go back to is from 2003 to 2007. If you sold and were overcharged then. Please be in touch.

Non Residents (British) were charged 35%, where as locals (residents) were charged 15% so a 20% discrepancy on your capital gains tax. The EU courts said this is illegal and against EU law.

We can help you get your money back. So be in touch if this is your situation.

[Goldberg Global]

FROM A LAWYER WE WORK WITH


Return of money paid by non resident vendors who paid 35% Capital Gains Tax to the Tax Department.





Dear Sirs,



You may be aware from English newspapers that a Court of Justice in Spain has declared void the payment by non residents of the Capital Gains tax rate of 35%. The Court has accepted that a 15% tax rate is applicable to both residents and non residents.



As a result of this all those involved have a considerable credit that the Tax Department is obliged to return plus interests.



This decision by the Courts was based upon the European Court that prohibits discrimination between European citizens. For this reason the Spanish Government modified the law in December 2006 and from the 1st of January 2007 Capital Gains Tax for both residents and non residents was taxed at an equal rate of 18%.



In principle and in accordance with the judgement, the ordinary temporal limit to make the revision of the tax is applicable. This means that those who sold their property 4 years and 4 months ago are eligible to request for this return of money (20% of the gains). This period will be considered from the date of the petition of the revision of the tax. In other words, those who sold their property from November 2004, 2005 and 2006 may request the return of the money. The rule of 4 years and 4 months is not applicable from today, it is applicable from the day that the non resident requests the return of the money, therefore this is an urgent matter to attend to.



If you would like to collaborate with us in this matter and you would like further information then please feel free to contact us.

[law]

what about other non residents?? I mean non European citizens......

[Goldberg Global]

Good question. I think this an issue with Europeans, and people in the EU. People outside it is not applicable to my knowledge. If you have any non europeans, that would be interested, I can ask the lawyer, I would need to know that there is a person who is serious to pursue if non european. ie. I do not want to disturb lawyer if there is nothing to follow through on.

Thank you.

[advoco]

Originally Posted by Goldberg Global

FROM A LAWYER WE WORK WITH


Return of money paid by non resident vendors who paid 35% Capital Gains Tax to the Tax Department.





Dear Sirs,



You may be aware from English newspapers that a Court of Justice in Spain has declared void the payment by non residents of the Capital Gains tax rate of 35%. The Court has accepted that a 15% tax rate is applicable to both residents and non residents.



As a result of this all those involved have a considerable credit that the Tax Department is obliged to return plus interests.



This decision by the Courts was based upon the European Court that prohibits discrimination between European citizens. For this reason the Spanish Government modified the law in December 2006 and from the 1st of January 2007 Capital Gains Tax for both residents and non residents was taxed at an equal rate of 18%.



In principle and in accordance with the judgement, the ordinary temporal limit to make the revision of the tax is applicable. This means that those who sold their property 4 years and 4 months ago are eligible to request for this return of money (20% of the gains). This period will be considered from the date of the petition of the revision of the tax. In other words, those who sold their property from November 2004, 2005 and 2006 may request the return of the money. The rule of 4 years and 4 months is not applicable from today, it is applicable from the day that the non resident requests the return of the money, therefore this is an urgent matter to attend to.



If you would like to collaborate with us in this matter and you would like further information then please feel free to contact us.

So what you are saying is the clock is ticking for those who sold say 3 or 4 years ago. They could miss out if they leave it too long to make a claim? I have heard different time limits spoken about.

[Goldberg Global]

Welcome to spain, different lawyers say different things, and the law can change with the government.

[rowlandsbb]

I was talking to a Uk resident who has made a claim for overpayment of CGT which he paid in 2005 but to date his lawyer in Marbella has been unable to get the repayment
He told me that his lawyer, who is yet paid anyone back yet!!

Can anyone shed any light on this week

[alyna]

Originally Posted by Goldberg Global

Welcome to spain, different lawyers say different things, and the law can change with the government.

I'm already confused with Spain's different lawyers statements.

Do they have different Law's practiced about this issue??

Is there no fix law about taxes payment??

[LaurenX]

Ok I am sure that there are a few cases but during the property boom I am also sure that many accepted cash as part payment to reduce the profit they made on paper...... I have come across agents that actually even recommend it.....

This practice is illegal but appears to be the way things are here. I think therefore that seeking compensation after having done so is kicking the Spanish government when it is down and the expats and locals that live here are going to suffer for it.

Not to say that some have been straight and have declared every cent of their sale but I think it therefore may be worth establishing this issue with the people that contact you asking whether they are liable candidates.

As a separate note many brits do not pay their annual IRNR tax either and then expect the government to be quick in giving a rebate....

It is true that the 35% tax was abusive and good to see that compensation is being granted but from my experience in Spain many brits are always looking to knock the Spanish government in anyway they can..... Is this because it is harder to get away with in the Uk do you think?