Catastro title alteration by Hacienda!
Dec 15th 2016, 8:21 pm
#1
BE Enthusiast
Thread Starter
Joined: Aug 2012
Location: Granada Province
Posts: 549
Catastro title alteration by Hacienda!
Hello,
Strange day today, received a letter from The Ministerio De Hacienda Y Funcion Publica contaning a request to log onto the Sedecastrato, gob.es site, as they had a notification for me. Its legit, and contained a pass word and CSV security code.
I should explain now that I bought the house (whilst single) in 2012, and registered everything in my name as required, including the Escritura and Catastro etc. I got married in 2013, and we moved here in 2014, becoming residents and Tax residents in 2015. All above board. We have 'double taxation income' which means taxed in the UK and declared here, but the usual effect on our Spanish codes, which results in us paying a small amount of tax to Spain on interest from savings here, etc. No problem there. Our Gestor did the return for 2015 this June and we have settled.
Opened the 'Notification' and blow me, the official document now states that on application of the Hacienda, the official Catastral document has been amended (without my knowledge or consent, etc.) to show myself to have a 50% apportion and my wife (full details obviously given by Hacienda) to have a 50% apportion.
We declared our tax as a married couple, and I am guessing that this is a consequence as the effective date of the alteration is given at 1.1.2016. Anyone else had this. I now I have a month to dispute this, and in principle, have no problem with it BUT the first I knew is when it appeared on todays document, not so much as a bye your leave it certainly wasn't like that before!
Interesting day................ thanks in anticipation.
Strange day today, received a letter from The Ministerio De Hacienda Y Funcion Publica contaning a request to log onto the Sedecastrato, gob.es site, as they had a notification for me. Its legit, and contained a pass word and CSV security code.
I should explain now that I bought the house (whilst single) in 2012, and registered everything in my name as required, including the Escritura and Catastro etc. I got married in 2013, and we moved here in 2014, becoming residents and Tax residents in 2015. All above board. We have 'double taxation income' which means taxed in the UK and declared here, but the usual effect on our Spanish codes, which results in us paying a small amount of tax to Spain on interest from savings here, etc. No problem there. Our Gestor did the return for 2015 this June and we have settled.
Opened the 'Notification' and blow me, the official document now states that on application of the Hacienda, the official Catastral document has been amended (without my knowledge or consent, etc.) to show myself to have a 50% apportion and my wife (full details obviously given by Hacienda) to have a 50% apportion.
We declared our tax as a married couple, and I am guessing that this is a consequence as the effective date of the alteration is given at 1.1.2016. Anyone else had this. I now I have a month to dispute this, and in principle, have no problem with it BUT the first I knew is when it appeared on todays document, not so much as a bye your leave it certainly wasn't like that before!
Interesting day................ thanks in anticipation.
Dec 16th 2016, 6:16 am
#2
Retired and loving it!
Joined: Sep 2007
Location: Ontinyent - Valencia region (campo)
Posts: 5,162
Re: Catastro title alteration by Hacienda!
Hmmm. Bit worrying. Do you think you will have to pay ITP (transfer tax) for the 50% that you 'transferred' to your wife.
Personally, I think it should be contested.
Personally, I think it should be contested.
Dec 16th 2016, 6:42 am
#3
Joined: Jun 2006
Location: Granada Costa
Posts: 10,915
Re: Catastro title alteration by Hacienda!
If you pay tax here, you would have declared the joint ownership of the property on your tax return. This is what would have caused the changes.
If you had a gestor do your return, you may not have been aware of that fact.
If you had a gestor do your return, you may not have been aware of that fact.
Dec 16th 2016, 7:24 am
#4
Retired and loving it!
Joined: Sep 2007
Location: Ontinyent - Valencia region (campo)
Posts: 5,162
Re: Catastro title alteration by Hacienda!
Are you saying that in this situation, he should have done 2 separate returns and not a joint one and this is what triggered the issue?
Would they now be liable for ITP and also would the deeds and land registry need udating?
Dec 16th 2016, 8:23 am
#5
Joined: Jun 2006
Location: Granada Costa
Posts: 10,915
Re: Catastro title alteration by Hacienda!
I'm not sure if you can actually do totally separate returns if you are married. You normally enter one set of personal data for both spouses which includes details of the habitual residence. In this case, the box where you enter your ownership % should have been 100% for the husband and 0% for the wife.
Whether or not you pay tax jointly or separately is determined by the tax program which calculates the cheaper option.
My guess is that the percentage ownership details were entered incorrectly. It's easy enough to check, just look at the first page of the tax declaration.
If you do actually change the ownership between husband and wife, there is ITP to pay, but it is only 1%. Yes, it would need to be registered again, but I am not au fait with the procedure involved.
I would get the gestor to sort it out if it was his error.
Whether or not you pay tax jointly or separately is determined by the tax program which calculates the cheaper option.
My guess is that the percentage ownership details were entered incorrectly. It's easy enough to check, just look at the first page of the tax declaration.
If you do actually change the ownership between husband and wife, there is ITP to pay, but it is only 1%. Yes, it would need to be registered again, but I am not au fait with the procedure involved.
I would get the gestor to sort it out if it was his error.
Dec 16th 2016, 9:17 am
#6
Forum Regular
Joined: Aug 2004
Posts: 212
Re: Catastro title alteration by Hacienda!
Hello,
Strange day today, received a letter from The Ministerio De Hacienda Y Funcion Publica contaning a request to log onto the Sedecastrato, gob.es site, as they had a notification for me. Its legit, and contained a pass word and CSV security code.
I should explain now that I bought the house (whilst single) in 2012, and registered everything in my name as required, including the Escritura and Catastro etc. I got married in 2013, and we moved here in 2014, becoming residents and Tax residents in 2015. All above board. We have 'double taxation income' which means taxed in the UK and declared here, but the usual effect on our Spanish codes, which results in us paying a small amount of tax to Spain on interest from savings here, etc. No problem there. Our Gestor did the return for 2015 this June and we have settled.
Opened the 'Notification' and blow me, the official document now states that on application of the Hacienda, the official Catastral document has been amended (without my knowledge or consent, etc.) to show myself to have a 50% apportion and my wife (full details obviously given by Hacienda) to have a 50% apportion.
We declared our tax as a married couple, and I am guessing that this is a consequence as the effective date of the alteration is given at 1.1.2016. Anyone else had this. I now I have a month to dispute this, and in principle, have no problem with it BUT the first I knew is when it appeared on todays document, not so much as a bye your leave it certainly wasn't like that before!
Interesting day................ thanks in anticipation.
Strange day today, received a letter from The Ministerio De Hacienda Y Funcion Publica contaning a request to log onto the Sedecastrato, gob.es site, as they had a notification for me. Its legit, and contained a pass word and CSV security code.
I should explain now that I bought the house (whilst single) in 2012, and registered everything in my name as required, including the Escritura and Catastro etc. I got married in 2013, and we moved here in 2014, becoming residents and Tax residents in 2015. All above board. We have 'double taxation income' which means taxed in the UK and declared here, but the usual effect on our Spanish codes, which results in us paying a small amount of tax to Spain on interest from savings here, etc. No problem there. Our Gestor did the return for 2015 this June and we have settled.
Opened the 'Notification' and blow me, the official document now states that on application of the Hacienda, the official Catastral document has been amended (without my knowledge or consent, etc.) to show myself to have a 50% apportion and my wife (full details obviously given by Hacienda) to have a 50% apportion.
We declared our tax as a married couple, and I am guessing that this is a consequence as the effective date of the alteration is given at 1.1.2016. Anyone else had this. I now I have a month to dispute this, and in principle, have no problem with it BUT the first I knew is when it appeared on todays document, not so much as a bye your leave it certainly wasn't like that before!
Interesting day................ thanks in anticipation.
It's all very simple.........
If your marriage is "ganancial" or you have shared economic interest with your spouse, the spouse must be in the catastro. Even if it was only an usufruct.
Read the catastro rules. Took me 2 minutes to find the PDF through internet.
Dec 16th 2016, 9:45 am
#7
BE Enthusiast
Thread Starter
Joined: Aug 2012
Location: Granada Province
Posts: 549
Re: Catastro title alteration by Hacienda!
Thank you all. Fred, you are right...... the RENTA declaration for 2015 (our first year) DOES give a 50/50 split on the property, so that's the cause of the alteration to the Catastro. Avocados, thank you , I will get a look at that document.
Meanwhile, I have contacted my Gestor to look at the options here, rather than get things reversed as I have a month (albeit a fragmented one!!!) to consider things.
This could be a 'happy accident' because as I said, its not big problem to have it 50/50 for me (or her).
Basically, we are pondering the cost implications. 1% not too bad, but the other legals!!!
Thanks once more, informed guidance as usual.
Meanwhile, I have contacted my Gestor to look at the options here, rather than get things reversed as I have a month (albeit a fragmented one!!!) to consider things.
This could be a 'happy accident' because as I said, its not big problem to have it 50/50 for me (or her).
Basically, we are pondering the cost implications. 1% not too bad, but the other legals!!!
Thanks once more, informed guidance as usual.
Dec 16th 2016, 10:28 am
#8
BE Enthusiast
Thread Starter
Joined: Aug 2012
Location: Granada Province
Posts: 549
Re: Catastro title alteration by Hacienda!
Rummage, rummage........ any chance of a link to the pdf, please?
Dec 16th 2016, 6:09 pm
#9
BE Enthusiast
Thread Starter
Joined: Aug 2012
Location: Granada Province
Posts: 549
Re: Catastro title alteration by Hacienda!
UPDATE: Gestor has been in touch, states that it is their mistake as regards the form. However, they say that no tax will be due as the house is our main residence. The only way that 50% can be transferred is on the Deeds / Land Registry and that via a Notary. 'Don't worry' was the message. We'll see....................................
