taxman trying it on...

I can't believe what the tax man in spain is trying to do!
I am just amazed at what I am about to tell you and would like to see what you all think:
My cousin in spain purchased a house in 2001 and lived there until 2005. Then he moved on to his second home in 2006 which he lived in until end of 2010.
The tax man sent a letter to his gestor saying that they don't believe he lived in the first house as a main residency for 3 years and owes tax on the profits as he did not update his details in the empadronamiento.
So he sent the gestor proof with electric bills, water bills etc.
Can someone help me!
The tax man today has replied saying that as he did not live in the house for the required 3 years in order to not have tax liablility that he owes tax on the profit he made from the house.!!!!!! They say he lived there from november 2003 to 2005. This is simply not true, he has a whole A4 box of paperwork to prove it!

They point blank don't beleive him as he didn't put his change of address down with the council (empadronamiento) so it is not registered in the coucil that he lived at that address, and based on that they are asking him to pay a massive 30.000 euros tax bill!!! I mean his kids were born there, he even has that address on their birth certificates.
The gestor is wiping his hands saying he has done all he can and it is fighting a losing batle trying to convince the taxman he lived there as a main residency.
Can they do this???
I suggested he get a laywer but that will cost him,
any ideas would be appreciated as I think they are trying it on here.

Hi, your cousin should go to the tax office as the gestor may not have passed on the information they gave him? 

This is a highly specialised area and your cousin will need to engage the services of an experienced Spanish tax lawyer. A gestoria may not have the expertise or knowledge of tax law to deal with appeals even though he may be highly efficient in form filling and filing etc. Not all law firms have experienced tax lawyers on board. But also there are time deadlines and you have to file appeals within a certain timeframe etc. It's all very procedural stuff......

The Spanish tax authorities have incredibly wide sweeping powers and will not back off easily when they want money. I have noticed an increase in attacks on foreign people residing in Spain. It would seem they believe they have lots of money and as such are easy targets and also don't know the sytems that well so before you know it they embargo the property or bank accounts etc

If all goes bad then you friend may have to play games and leave Spain he could also consider negating the value of any Spanish asset by way of artificial mortgage etc.

You did not say what part of Spain your cousin lives in.

Hello, thankyou for your help. He lives in Tarragona area. I have been helping get all his paperwork together to prove he lived there, he has a whole box load of stuff.

He is looking to change to a company who are gestors a laywers at them same time.

He has always paid his taxes via his gestor and is stunned by all this.

Especially as he genuinly did live there for that period of time. I am starting to think they make up the laws as they go along. I will let you know what this new laywer says if he can speak to them on monday

anymore help would be grateful.

he could also consider negating the value of any Spanish asset by way of artificial mortgage etc

Hello, I am also having problems with the spanish tax man, what do you mean by this?

I really sympathise with you - we have also had numerous problems with the Tenerife (south) tax office. Basically the problem is that they are never "wrong" - you cannot talk to them and they keep adding 10% to the bill. It's like trying to argue with the "hanging judge". Lawyers and accountants are next to useless and just add to the mounting costs. We were absolutely sick and tired of living in Tenerife and voted with our feet. We are still trying to sort out the mess and it won't be easy. But fortunately we no longer have any assets in Tenerife. People moan about the tax authorities in England but you can talk to them and they can be sympathetic - my advice would always be "don't buy in Tenerife" and become a resident. Have a look at my post for more details.