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CGT Retention !!!

CGT Retention !!!

Old Nov 4th 2009, 4:36 pm
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Default CGT Retention !!!

We sold our villa some three months ago and as non residents had 3% retained to cover any CGT. We broke even on the sale from what we paid for it eighteen months ago.
Just wondered if anyone knew the average length of time before we get our 3% back. Our solicitor is proving useless and just says - be patient-, he would say that as it is not his money ( and quite a large sum at that ).
Thanks in advance.
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Old Nov 4th 2009, 4:55 pm
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Default Re: CGT Retention !!!

I hate to tell you this, but you will be lucky, very lucky if you see the money again.
I sold and purchsed using an Interalty solicitor in December 2007.
Despite my best efforts the E4000 retention tax has been lost. He will no longer communicate with me and is nothing more than a theif.
I hope you have better luck, but I doubt it.
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Old Nov 4th 2009, 4:56 pm
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Default Re: CGT Retention !!!

Originally Posted by debandsie
We sold our villa some three months ago and as non residents had 3% retained to cover any CGT. We broke even on the sale from what we paid for it eighteen months ago.
Just wondered if anyone knew the average length of time before we get our 3% back. Our solicitor is proving useless and just says - be patient-, he would say that as it is not his money ( and quite a large sum at that ).
Thanks in advance.
I don't know from personal experience but I have heard of someone who waited for several years
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Old Nov 4th 2009, 5:12 pm
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Default Re: CGT Retention !!!

Originally Posted by lic
I hate to tell you this, but you will be lucky, very lucky if you see the money again.
I sold and purchsed using an Interalty solicitor in December 2007.
Despite my best efforts the E4000 retention tax has been lost. He will no longer communicate with me and is nothing more than a theif.
I hope you have better luck, but I doubt it.
Very sorry for what happened to you. Have you chased them down and confronted them face to face.
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Old Nov 4th 2009, 5:31 pm
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Default Re: CGT Retention !!!

Yes I have, but am limited to the times I visit, as I live and work in England.
They told me that they were waiting for my purchasers, solicitors to confirm they had paid the tax. This worked for a while, until I discovered that they had representated my purchaser also.
They then refused to speak to me, reply to my letter or emails.
Part of the problem is I do not know what they declared to the tax office. I like you did not make a profit, but am not aware of how to go about it.
I could employ another solicitor but that might be throwing good money after bad.
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Old Nov 4th 2009, 8:00 pm
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Default Re: CGT Retention !!!

The taxes have to be paid within 30 days on a house purchase otherwise fines are incurred. Can you check with Hacienda that those have been paid - hopefully that will give you a starting point. In our office the Notary deals with the payment of taxes for all our clients including the retentions.
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Old Nov 5th 2009, 10:09 am
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Default Re: CGT Retention !!!

I would think it very unlikely that your solicitor has kept the money
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Old Nov 5th 2009, 10:12 am
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Default Re: CGT Retention !!!

Originally Posted by missile
I would think it very unlikely that your solicitor has kept the money
Really?I would not be surprised at all , if you rumble him it will be a "clerical error"
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Old Nov 5th 2009, 10:26 am
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Default Re: CGT Retention !!!

Originally Posted by debandsie
Just wondered if anyone knew the average length of time before we get our 3% back.
Have you actually submitted your claim (your CGT declaration) via Modelo 212? You have to do this within 3 months after the sale. Maybe your solicitor did this? Have you asked for a copy of it?
AEAT are obliged to refund any money due to you (after any non-resident tax obligations have been met of course) within 6 months and if they don't they are supposed to pay interest on any amount owing to you.
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Old Nov 5th 2009, 2:43 pm
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Default Re: CGT Retention !!!

Originally Posted by Hillybilly
Have you actually submitted your claim (your CGT declaration) via Modelo 212? You have to do this within 3 months after the sale. Maybe your solicitor did this? Have you asked for a copy of it?
AEAT are obliged to refund any money due to you (after any non-resident tax obligations have been met of course) within 6 months and if they don't they are supposed to pay interest on any amount owing to you.
Many thanks for that, i will check that he has done it.
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Old Nov 5th 2009, 2:49 pm
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Default Re: CGT Retention !!!

Our solicitor kept the money! in fact he contacted the buyers bank who arranged the mortgage and told them to transfer the retained amount to his account (which they did!), he pleaded ignorance about the refund for 1 year and then when we got our accountant involved the solicitor miraculously remembered the money was in his account (well, his wifes account actually!!) and transferred it back to us!! Do not trust what the solicitor is saying, go and speak to a gestor and ask them about tracing the money to the Hacienda and if its there they will find out and if it isnĀ“t then you can start the process of finding the money and getting it back!

Last edited by mrs-mop; Nov 5th 2009 at 2:50 pm. Reason: wrong quote added
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