sensationalfrog

hi all,my 86 year old dad sold his apartment in feb(off plans 3 years late),and 3% roughly 7500 euros was kept back in a tax,but he was told after 6 moths he could claim it back,is this true,anyone have any xp of this?

poshnbucks

Yes the old tax vermin keep it until the persons affairs normally a non resident
are checked in order to see if any outstanding tax is owing the Spanish government. If all is well bingo its returned. There are a number of tax forms to fill in as I remember the guy I bought my house from was a non resident but FRED will be along soon and give you the correct version of events.

Fred James

The 3% is a deduction to cover any capital gains tax on the sale. They deduct it in case you just do a runner.

If you can show that the tax you owe (18% of the gain) is less than the 3% you can get the difference back. If not, they keep the money.

snikpoh

This is only true for non-residents. I believe residents have nothing withheld.

Beachcomber

They not only keep the money but if the 3% retention does not cover the 18% capital gains tax you have to pay the difference.

This does not apply to residents who are able to obtain a certificate of fiscal domicile from the tax office. This is different from the certificate of registration on the foreigner's register and is much more difficult to obtain.

gallerie9

I thought once over 65 you dont pay any tax.

Mitzyboy

Me to!

Beachcomber

This only applies if you are a resident.

sensationalfrog

thanks guys/gals,i shall see if i can get it back for him now that august is out of the way

Beachcomber

You will need the receipted copy of the form 211 from the purchaser and a form 212 to make the claim for refund.

lic

Has anyone done this?
The reason I ask is that I suspect that I am entitled to a refund, but due to a very poor solicitor(theif); I do not have the proper paperwork and they will not supply it. I would sue them, but would probably be throwing good moneyafter bad.
Is their anyway of telling if the Solicitor paid the tax to the gov.?

Beachcomber

It is the responsibility of the seller or his representative to pay the retention to the tax office and to supply you or your representative with the receipt to enable you to complete your Capital Gains Tax declaration and pay the balance or claim a refund as appropriate.

jurdyr

iwas wounding whos taxes i was payying

Hillybilly

Beach, shouldn't that read responsibility of the buyer?

Beachcomber

Yes it should. Thanks for pointing that out Hillybilly.

:embaressed_smile: