Capital gains tax - refund ?

"the first solicitor had not done the paper work right"

It would be interesting to know, if you know, what exactly the first solicitor got wrong? It seems that the tax office take every opportunity to throw out claims (without informing anyone that they have done so) if they can find any errors (or if the applicant's taxes are not up to date). But the claim form (210) doesn't seem that complicated, so I wonder what they could have got wrong. The instructions do clearly state that any claim must be submitted within 3 months of the one-month period subsequent to the date of sale - so if your original solicitor failed to do it within that time frame, that may be the reason it went no further. If that's the case, though, I'm (pleasantly) surprised that your new solicitor managed to get a claim through 2½ years after the event with a successful outcome so quickly.

Just saying how it was, the first solicitor was a waste of time, infact he contacted me about 3 years after the event, as he was dealing with the tax people for someone else, and he asked about my refund  when they told him i had been refuned, this is when he contaced me after years since i sold up. to see if i had been paid back.No thanks to him.

Wait till we LEAVE THE EU then you will see some FIREWORKS we will be last in the QUEUE for everything the SPANISH FRENCH GERMANS ETC will make every moment of your LIFE on the continent more difficult.

NO REFUNDS ON CGT basicaly if you dont get it by MARCH 19 then you never will everybody thinks IM AGANST SPAIN thats not true I LOVED MY 10 years out there but all GOOD THINGS come to an end 

THE tax authorities are delaying payment PURELY for the above REASON.

Love Hugh

Newworld: "Just saying how it was".

I wasn't criticising or doubting, I was simply asking if you knew what the original solicitor did wrong, and what the new one did differently. It may be useful information for others in the future.

MaggieB, dod you have a chance to visit the Treasure office?

Well, I am pleased to hear someone has been paid by the Spanish Government.

My application is still pending - 2 years after completion of the sale.  The most recent development was when my Spanish Lawyer received a 28 page dissertation explaining how the Authorities believed my property was sold at a below market value price and concluded with a calculation showing the value they placed on it, less the buying price and appropriate costs to show a small profit.  The only problem was that the buying cost they used was the actual selling price.  Applying the correct figures results in a loss and a correct refund application.

That was in June - my Lawyer has sent the correct calculation and a reiteration that the refund has been correctly applied for.  No response!

I love the laid back attitude of the Spanish - where else in the world would a unilateral declaration of independence come with the added - "maybe tomorrow"?

Therosy1

Maybe we were just lucky but we were paid back almost exactly a year after the sale. We didn't use a solicitor but our estate agent put in the application for us. We paid him a lot of money so we reasoned that he could do the work....and he did!

We sold our property back in February 2017 and are still awaiting the rention tax. I have been chasing it through our solicitor we used for the sale for the last six months to no avail.

I called into the office in person last time and was told there had been a delay because the name of the bank account was different to the one they had on the system, despite my solicitor checking these things. I was told it should take no more than three weeks by the solicitor. Still to this day we do not have the funds. The solicitor has stopped answering my emails so I called her and was told there is still a delay and their are a lot of people waiting just like us. Sent several emails again asking for an update and never get a reply. I am coming to the end of my tether about this as it quite a large  amount we are owed in return. I will be going in to the solicitor in person again when I get out there in a couple of weeks.

Can anyone offer me any advice or if there is anything I could do to speed it up.

Much appreciated.

Sorry to hear of your problems.

Sadly, there seems to be nothing to do but wait. I finally was sent the refund in December 2017 but my bank decided to refuse the funds as some paperwork I had never received had not been returned to them. Another example of EU Law being flouted - treating foreigners differently from Spanish Nationals.

It took several more months before the refund was sent again to my bank - who accepted it this time. But now the bank are not responding to my emails asking for the account to be closed and the money sent to me in the UK.

Doing any business in Spain is so exasperating and now August is upon us, perhaps I will have to wait more weeks before it can be sorted out.

Therosy1

Took well over a year to get our refund but please note the spanish tax office will pay your refund into a UK bank account  providing you give them the details on the form.  They also pay interest if the payment takes over six months.

When will the politicians and the tax authorises ever learn that if they behave like cowboys so will the public taxpayer. I realise Spain has a strange culture compared to the UK, but it seems a case of Del Boy vs. Arthur Daley. 

Hence hide and non declare any gain to avoid any hastle vs we've got your money wait forever.

You are so right, Paulsimkiss.

To me the answer is simple. Put the onus on the selling agent or lawyer to establish a base cost at the time the property goes up for sale (and agreed with the tax office) and then when the property sells, the correct amount of capital gains tax can be sent to the Government out of sale proceeds. Everyone wins (except those who would defraud).

Therosy1

Therosy: "But now the bank are not responding to my emails asking for the account to be closed and the money sent to me in the UK."

It may depend on the bank in question, but I think you may find that their draconian conditions dictate that the account can only be closed in person. It doesn't surprise me in the slightest that they don't respond to your correspondence - it's difficult enough getting any repsonse from my bank even when I go into the branch itself! As for requesting your funds be transferred to the UK, I think your best bet is to register for online banking and then do it yourself, via a currency transfer service such as currencyfair.com

Verona: "any advice or....anything I could do to speed it up?" Only: don't give up! If you're going to see your solicitor in person, ask for copies of the documentation submitted to the tax office, check the calculations, date stamps & bank account details etc. to make sure it's all correct. If there are any errors, the tax office will reject the application until they are corrected. If you feel like you're getting the run-around, maybe you should find another solicitor to chase it up for you.

ISH61

I am a believer in the Hojas de reclamación system (complaints forms).  They can be completed and submitted on line

A couple of weeks ago my son, here on holiday with his UK car,  ordered two tyres from a major supplier and paid 50 euros deposit, but when they arrived they were similar but not the same as those fitted and ordered.  The shop refused to return the deposit.     My son shortly afterward returned with his car to UK

I completed the Hojas De Reclamación on behalf of my son, which I downloaded from the internet.  I took the forms to the shop and within a couple of minutes I was leaving with the 50 euros,  and profound apologies..

That is just one instance when I have used the system.  So far it has never failed me.

It cannot do any harm to try submitting the forms, online if necessary, re the bank.

This is the web page where I got my forms. They are for Andalucía but the info may help you locate the appropriate ones for the area where the bank is.

http://www.juntadeandalucia.es/administracionlocalyrelacionesinstitucionales/ocms/export/sites/default/OficinaVirtual/OficinaVirtual/galerias/descargaaplicaciones/hoja_quejas_reclamaciones.pdf

Good luck..

I'm a believer too, but in this case I'm not sure who you're suggesting using one for? If it's the bank, if they have in their terms and conditions that accounts can only be closed in person, a complaint form will have no effect. 

If it's the solicitor handling the CGT reclaim, they are unlikely to be intimidated, and will no doubt simply claim that it is Hacienda who are holding the process up - as they are notorious for doing. 

And if you are suggesting submitting a complaint against Hacienda....

This message was last edited by Roberto on 19/08/2018.

Roberto

"It took several more months before the refund was sent again to my bank - who accepted it this time. But now the bank is not responding to my emails asking for the account to be closed and the money sent to me in the UK."

I would submit as a complaint against the bank, both for apparently not send the money and for not replying to emails.

Fair comment.

Personally, I would simply register for online banking, and transfer the funds myself leaving a zero balance. Job done.

Thanks for all the advice. On Tuesday I called in at the lawyers office and spoke to the lady who deals with the tax rention side of matters. She called the tax office in Alicante several times whilst is was there but they never picked up the phone. She told me she would try again and then call me with an update. I have not heard a thing from her. This morning I will be going to the office again. I feel that now the lawyers have had my money, they have no interest whatsoever in claiming my tax back. It is me that is having to constantly chase them for updates, and even then they just ignore my emails. 

There is no way I would put up with this back in the UK, but unfortunately I get the feeling that the more I stamp my feet, the less they are willing to help me, even though I have paid them for the service.

Hi Verona

Same old statement over and over.

It seems to be a sad part of the Spanish culture, or is it just the way Spanish treat foreigners, I’m not sure. Once they have your money it becomes theirs, taxman, lawyer, anyone for that matter, and you can go whistle. Nobody cares and nobody is interested. Morality is a thing of the past and should be removed from the dictionary worldwide.

Verona, sorry to hear that you are still not getting any further with this. I can only repeat my earlier suggestions: ask for copies of the documentation submitted to the tax office, check the calculations, date stamps & bank account details etc. to make sure it's all correct. If there are any errors, the tax office will reject the application until they are corrected. If you feel like you're getting the run-around, maybe you should find another solicitor to chase it up for you. 

Unfortunately, often the only way to get things done in Spain is to take matters into your own hands. I don't know where you are, where your nearest Hacienda office is, or if you speak adequate Spanish or know anyone who does who could help you, but if I was you, by now I'd be making a visit to Hacienda myself to find out what's going on. From personal experience, I know this can be extremely stressful (Hacienda seem to employ the worst of the worst "funcianarios"), but if a considerable sum is involved, it may be worth the pain in the long run.