3% retention tax rebate after house sale
Oct 18th 2018, 10:39 am
#1
Just Joined
Thread Starter
Joined: Oct 2018
Posts: 2
3% retention tax rebate after house sale
Hi
My friend sold her house in Spain 16 months ago. The lawyer who helped her with the sale kept back 3% retention tax at the time.
She is entitled to have it back but it still hasn't been refunded. The lawyer who is supposed to recover the money from the town hall for her is being particularly evasive it seems. When she does get through by phone he says the town hall isn't refunding and isn't much help. He rarely answers emails.
She's may pay him a visit soon (assuming he doesn't disappear down a drain) so before she does this I'm trying to figure out a strategy as to what to do.
Does anybody have any advise about this? Perhaps she needs to go directly to the town hall (who may in turn fob her off). She can speak only very basic Spanish I'm afraid.
Ironically her status was Spanish resident, which means that she probably didn't need to pay this on the first place.
Anybody else done this ?
Appreciated
My friend sold her house in Spain 16 months ago. The lawyer who helped her with the sale kept back 3% retention tax at the time.
She is entitled to have it back but it still hasn't been refunded. The lawyer who is supposed to recover the money from the town hall for her is being particularly evasive it seems. When she does get through by phone he says the town hall isn't refunding and isn't much help. He rarely answers emails.
She's may pay him a visit soon (assuming he doesn't disappear down a drain) so before she does this I'm trying to figure out a strategy as to what to do.
Does anybody have any advise about this? Perhaps she needs to go directly to the town hall (who may in turn fob her off). She can speak only very basic Spanish I'm afraid.
Ironically her status was Spanish resident, which means that she probably didn't need to pay this on the first place.
Anybody else done this ?
Appreciated
Oct 18th 2018, 11:04 am
#2
Joined: Jun 2006
Location: Granada Costa
Posts: 10,904
Re: 3% retention tax rebate after house sale
It has nothing to do with the town hall, the money is paid to the main tax agency and you claim it back from them.
http://www.gbabogados.co.uk/3-tax-re...ain-explained/
http://www.gbabogados.co.uk/3-tax-re...ain-explained/
Oct 18th 2018, 11:39 am
#3
Banned
Joined: Jul 2018
Location: Costa Blanca
Posts: 213
Re: 3% retention tax rebate after house sale
Very much the norm in Spain. Whoever has the money in their pocket owns it, and no one gives a toss. Try using the complaints form.
Oct 18th 2018, 12:34 pm
#4
BE Forum Addict
Joined: Jan 2016
Posts: 2,320
Re: 3% retention tax rebate after house sale
Hi
My friend sold her house in Spain 16 months ago. The lawyer who helped her with the sale kept back 3% retention tax at the time.
She is entitled to have it back but it still hasn't been refunded. The lawyer who is supposed to recover the money from the town hall for her is being particularly evasive it seems. When she does get through by phone he says the town hall isn't refunding and isn't much help. He rarely answers emails.
She's may pay him a visit soon (assuming he doesn't disappear down a drain) so before she does this I'm trying to figure out a strategy as to what to do.
Does anybody have any advise about this? Perhaps she needs to go directly to the town hall (who may in turn fob her off). She can speak only very basic Spanish I'm afraid.
Ironically her status was Spanish resident, which means that she probably didn't need to pay this on the first place.
Anybody else done this ?
Appreciated
My friend sold her house in Spain 16 months ago. The lawyer who helped her with the sale kept back 3% retention tax at the time.
She is entitled to have it back but it still hasn't been refunded. The lawyer who is supposed to recover the money from the town hall for her is being particularly evasive it seems. When she does get through by phone he says the town hall isn't refunding and isn't much help. He rarely answers emails.
She's may pay him a visit soon (assuming he doesn't disappear down a drain) so before she does this I'm trying to figure out a strategy as to what to do.
Does anybody have any advise about this? Perhaps she needs to go directly to the town hall (who may in turn fob her off). She can speak only very basic Spanish I'm afraid.
Ironically her status was Spanish resident, which means that she probably didn't need to pay this on the first place.
Anybody else done this ?
Appreciated
Oct 18th 2018, 12:59 pm
#5
Just Joined
Thread Starter
Joined: Oct 2018
Posts: 2
Re: 3% retention tax rebate after house sale
Is the picture below your post something to do with it?
Looking at the form the lawyer filled in there are all sorts of errors including her name and UK address etc, so she's going to need to correct this, I would hope her lawyer could do this but otherwise..
Thanks
Oct 18th 2018, 1:02 pm
#6
Started off with nothing
Joined: Feb 2009
Posts: 4,946
Re: 3% retention tax rebate after house sale
It is a simple process. 3% is deducted to be offset against any outstanding property taxes and capital gains. If she made more than 3% she would do well to keep quiet. If no capital gain she ought to be able to recover the entire amount within 6 - 9 months. If her abogado is dragging his heels any decent gestor will be able to assist for a modest fee.
Oct 18th 2018, 1:53 pm
#7
BE Forum Addict
Joined: Aug 2006
Location: Velez-Malaga
Posts: 4,920
Re: 3% retention tax rebate after house sale
As she was a Spanish resident at the time of the sale, what she should have done was obtained a certificate of tax residency from the Agencia Tributaria (assuming she had been submitting tax returns) and provided that to the notary. Had she done that she would not have had to pay the 3% retention. I sold my house last year and that is what I did.
