Vee87

We have been advised that the property price on our escritura may be incorrect to enable avoidance of tax by the seller and, if that is the case, that it may have to be re-issued. However, we have since heard that once the escritura has been signed by all parties in the presence of the notario then no changes can be made and the price as shown is the price paid. Has anyone had a similar experience? We are looking for the legislation on this but have been unable to find anything. Can anyone help please?

Fred James

It doesn't matter what price you put on the escritura, if Hacienda think that it should be higher they will charge you the tax on the difference.

Stillwater

My lawyer advised me to photograph the (many) deficiencies of the house I bought, just in case Hacienda thinks the official transaction price was made lower in order to evade taxes.

I don't know the law, but I guess that "what Hacienda thinks" is not enough and will not hold in court. After all: one is innocent unless proven (or likely) guilty.

Fred James

Not necessarily, particularly in cases like this - it is often up to you to prove that they are wrong.

fionamw

Is that actually, written down, the case in Spanish law? Crikey.

bobd22

When we bought our house and at the notary's office signing the value of the house was shown as 6000 Euro less the notary got the solicitor to explain that this was the house value for tax purposes. I presumed that would be the value less the costs the seller had to pay i.e. estate agent fees? I also assume when they refer to tax they are talking about inheritance/CG should it be sold as None Residents tax is based on IBI valor catastoral?

AndL

Hacienda have a few years (not sure of the exact figure) to decide if you are puilling a fast one. Only ever heard of one person caught...... Any changes to your excriture can usually be made quite simply at the notary for a nominal fee. Whene I tried to mortgage my house to buy another one, I discovered that only 1 floor had been registered. Cost architect fees for a report and about €40 and 2 hours in the notary!

davidinspain

They caught me for just over 2000 euros about a week before the time limit ran out.My abogado told me fighting it is ok as long as your aware they check your Spanish and UK bank accounts for cash withdrawals for a month before and after the date you sign

scampicat

Not in Spain. You frequently are assumed to be guilty and 'punished' accordingly.