PlusValia Tax

When reclaiming PlusValia Tax on the sale of a property, which sold at a loss, does the Town Hall have a timeframe in which it has to respond to the claim?

In proceedings initiated at the request of a party, the interested party may understand that his application has been dismissed due to administrative silence after the maximum period of six months has elapsed without the express decision being notified.

Thank you for your reply.  

I think I may have misunderstood your explanation.  Are you saying a valid, legal claim for refund of plusvalia  tax to our local town hall, can be dismissed by being ignored for 6 months and we do not have to be notified?

No Henderson, you have not misunderstood. In fact you have understood perfectly well  - you made a administrative claim for the return of your Plus Valia, this was rejected by administrative silence (ie they binned it) You now have no choice but to start legal proceedings to recover same and you will need a lawyer to do this.

Make sure the legal fees are not more than the potential refund - seem to remember a lawyer telling me that if the sum is under 6k€  its not worth doing,

Edited to say

In Mijas the council refuses to answer any claims whatsoever for plus valia refunds made by administration - so the claimant has no choice but to start legal action - as always in Spain not sure about other areas or councils 

Maria - This is extraordinary.  We sell at a loss, therefore no PlusValia tax owing.  We are forced to pay by our buyers Gestoria, and then claim the tax back, which is ignored and we are forced to take legal action.  

This tax should be the same as the 3% retention on the sale of a property and if not repaid within 6 months they have to pay interest. 

What document did the buyers´gestoria send to you? I need to see that for me to direct you correctly

Maria, I have a copy of the submitted claim for Plus Valia tax but I am unable to paste here.  Must be how the web page is set up.  Earlier I copied an email from the buyers gestoria saying we had to pay the tax and reclaim even though legally we didn’t owe it.  I think this may have been refused on the this forum website as I should have removed their name but didn’t..............  :>(

Received your private email. Will answer you there

Best

Maria