Maybe1day

Does anyone have up to date information on the 3% retention tax and particularly in regard to the residence certificate not being ready in time for the signing over in front of the notary?

snikpoh

By the residence certificate (as you call it) do you mean the green sheet/card for proof of signing on the list of foreigners or something else?

If you do, then it has nothing to do with tax or the retention of said.

missile

If you have residencia(?) then you do not pay the 3% retention.

snikpoh

No, but if you are a non-resident (as in no green sheet and not doing tax returns) selling the property then you do I thought.

missile

If you are non - resident you must pay property tax and have evidence. You can then claim back a portion / all of the 3% if you make little / or no profit.

snikpoh

Absolutely, but it still must be paid at the time of the sale.

lyric030250

Even if resident and fiscally resident you need a certificate of such to avoid the retention. This is almost identical to the certificate needed to send to HMRC, but not quite.
The Nerja Notario doesn't know the difference as I/we recently avoided a retention using the wrong one !

Fred James

Producing a copy of your current tax declaration should be acceptable.

Maybe1day

I have a certificate of Residencia Fiscal for 2014 and I have requested one for 2015 from the Torremolinos Hacienda 8 days ago, they said it would take a month!!!. I went to the Main Malaga office on Friday and filled in another sollecito. They say that I can pick it up from the Torremolinos office on Monday, am I to believe that? We have the sale with the Notary on Tuesday.
The lawyer says that the law has changed and that if you don't have the certificate you pay it and you can't get it back..........
I made my normal tax declaration in June Btw.

Mitzyboy

The law muct have changed fairly recently then as I had to pay the 3% on our sale as a non fiscal resident, but was then able to claim it back (we used a solicitor) afterwards. Solicitor said nothing about any possible law changes

CapnBilly

No, the law hasn't changed with regard to claiming a refund, although they will now retain it unless you produce a certificate of fiscal residence. The procedure for claiming a refund is exactly the same as when you claimed.

missile

That is bollocks

Mitzyboy

Subtle as ever

Maybe1day

I hope so,
I was reading about people still waiting for the refund from the Malaga Hacienda after almost 2 years. They had spent varying sums with Lawyers up to about 5K.

missile

You should avoid English lawyers. Seek out a good Abogado/ Gestor. Use one recommended by your friends / neighbours.