Reclaiming 3% non resident Tax Refund after property sale

Hi,

After some confusion on my part regarding the differences between PlusValia and Non resident tax, my lawyer assures  me that I can still claim back the non resident 3% tax paid on the sale of my property even though I have missed the 3 month deadline. She has sent me a copy of the buyers modello 211 and informed me that I have four years to claim this back in n a modello 210 is this correct?

I have paid all my taxes for the last 4 years.

Regards

chief

Sorry Chief but I am not confident that you know where you are

There was the confusion about what tax you were talking about and your concern that maybe your lawyers  was not up to par.

Now you ask if the advice you have had from your lawyer is correct.

In saying you have paid all your taxes, I am not sure that you can know that rather than  just hope that, on the advice you had had,  and from what you have understood, you have paid all the taxes. 

Maybe it would be better if you stuck with your lawyer, or another one,  and with your fingers crossed,  hope he/she can resolve your problems.

If you are defo talking about the 3% non res tax you can claim it back for a few years after the sale, because my first clown ( aka Solicitor ) did not claim it back in time,i t took  me over 2 years to get my 3% back I know people get it back in 6 months, I had to hire a 2nd solicitor to get it back, as the first one was a waste of space. ( Sold in Murcia )

If your lawyer is confident that you have not missed the deadline, why not just ask them to claim the refund for your? Is it because they asking for €605 to do so? (as per your previous thread). If that's the case, find a new lawyer (or better, a gestor). Why have they sent you the 211? Are we to assume that you've decided to do it yourself? If so - my understanding is that you cannot do this online, and I doubt if you can (or should) try to do it by post - it needs to be submitted in person, so if you're not going back to Spain you'll need to nominate someone on your behalf - again, best to find a gestor.

Once again, here are the instructions for filing a modelo 210 to claim back your 3% (assuming you sold at a loss - on paper!) Perhaps there's too much to scroll through there? So, scroll down to page 17 of 19, to "filing deadline"; item "a":

Income from the transfer of real estate: Irrespective of the result, self-assessments for income from the transfer of real estate must be filed within three months after the one-month period subsequent to the date of transfer (date of accrual) of the asset has elapsed.

Now, I'm not a  gestor, nor a tax expert, so I cannot say for certain that you've missed the deadline, but that's from the official source, and I know how I interpret it. But newworld says (from personal experience) that you can claim it back for a few years, so who knows? I think the time it takes to actually get paid is more down to hacienda deliberately hanging the latch than whoever submitted the claim, and once it's (correctly) submitted, there's nothing to do but wait anyway, so unless a solicitor made an error on the original submission, I'm not sure why they would be a "waste of space". Perhaps there was additional information that hacienda requested, that the original solicitor failed to respond to? Without further details, we can't know fo sure, so all you can do in your case, chief, is submit your own 210 (via a representative in Spain) and hope for the best. 

Thanks Roberto, very clear and detailed. How do I go about getting hold of a gestor?

Google? Recommendations from other members? Might be best to use one in the province where the sale took place (??) I wouldn't normally suggest a lawyer for anything tax related (your own experience being a case in point), but have you tried contacting Maria, our resident expert on all legal matters?

https://www.eyeonspain.com/people/mariadecastro 

Thanks, you have been very helpful. Sent Maria a PM, but she has not replied, busy I’m sure.

regards

chief

There is 4 years to claim the excess of tax payment

Thanks for clarifying / confirming that, Maria. Just out of curiosity though, exactly how does one reclaim any such excess payment? Is it via modelo 210, or is there some other form available for this purpose specifically? And if it is via modelo 210, why do the instructions (which I quoted previously) state that it must be filed within 3 months of the transfer? Surely, if it is correctly completed & filed within the 3 months, then the 4 year period is irrelevant anyway?

And one other question: we regularly hear of people waiting many months or even years to receive their refund; why, assuming their claim has been correctly filed and shows a clear rebate is due, can it take so long for Hacienda to pay out, and what, if anything, can people do to speed these claims up? I have often heard of people who used gestors to claim it on their behalf, but when they ask their gestor when they will get paid, they are just told to wait....there seems to be no reasonable time scale and no way of chasing up on a pending claim. How can you check on the progress of a claim with Hacienda??

@Maria: I would really appreciate a reply to my previous question. An aquaintance of mine submitted their 210 to reclaim their 3% retention in July 2017, and to date have not received their refund, nor any information regarding the progress of their claim from their gestor. How can they chase this up? Why can tax payers be fined for late or non-payment of taxes, and yet the tax office can take as long as they like dealing with legitimate refunds? It's all wrong!

We received our 3% CGT refund plus interest into our UK bank account on Saturday.  Only took 1 year and 4 months to get it.  Our solicitor who handled our sale did write to chase them up.  We had more or less given up ever getting our money back so don't give up.

There is not a legally established deadline for the Administration to return the money after the claim. My advice is to chase it before the corresponding delegation office.

Dear Maria,

Do you have contact details of where claimants can complain about their specific delays to the return of money (delegation offices)?

But also how and who can claimants complain to about the apparent discriminatory practice that allows " tax payers to be fined for late or non-payment of taxes, and yet the tax office can take as long as they like dealing with legitimate refunds?"

Delegaciones de Hacienda:

https://www.agenciatributaria.gob.es/AEAT.sede/Inicio/_otros_/_Direcciones_y_telefonos_/Delegaciones_y_Administraciones/Delegaciones_y_Administraciones.shtml

Lack of Legal timings fr Hacienda: Lobbying politicians.  

Thanks Maria.

Re lobbying politicians from the UK.....

http://www.writetothem.com

This will give you MEP details but don’t know if anyone has an easy route to lobby politicians from Spain?

EU Comissioner of Justice Vera Jourova

vera-jourova-contact@ec.europa.eu

This message was last edited by ads on 07/02/2018.

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As far as I know there is not an equivalent website to writetothem in Spain.