3% retention tax rules

We sold out appartment last year.  I have had my 3% retention tax repaid ( with interest) it took just about 1 year to get this back.  My lawyer send me the repayment notification.  My husband did not receive his.  We waited thinking that we may have to wait a bit longer for his to be returmed.  Meanwhile, the bank in Spain demanded we attend the bank to verify his identity.  We have been unable to go to Spain to do this previoulsy due to my husnad having a lung transplant and covid etc.  (We had a Santander account for 15 years, but the online banking never worked and so we opened a new account with Caixa bank).   We then found out that his new account was blocked.  We can only assume that the Tax office tried to pay in the refund but couldn't do so because of the blocked account.  We went to Spain to do the necessary. They assured us the account was unblocked and all was well.  Not so, we were then recalled back to Spain to sign again and open a nother account and close the first -  complete mess on the banks behalf.   I contacted the lawer again to ask where my hubands refund was and he said that it he was awared the same time as me - back in October.  He did not send us notification of this repayment.   He now says that there is nothing that can be done to get the money back.  Is this true ? 

You have already stated ''We will apply to get the 3% returned ourselves''..

Hi Andy family,

So sorry to hear the problems you've had,.  It's often a matter of luck and the individuaks within the firm you get to deal with in Spain - sounds like you've drawn a few short straws and your solicitor seems a bit "sleepy town"

I suggest you've probably two options: 

1) leave it for a few months, just remind your solicitor. or

2) find a good local gestor who'll do the chasing for you.  They seem to be a unique breed of professionals in Spain.  Invariably they are firms of street wise forlk that happily undertake mundate tasks like this and generally charge only modest fees for doing so.  You are probably best off with a gestor that is local to the property and recommended.

Of course it should be the solicitor who should do the job - I would certainly give them some stick.  Using a gestor should be unnecessary, but solicitors in Spain are a very mixed bunch and there seems a need for some pragmaticism.  

Good luck

Thank you for your reply, 

I am asking a local accountant.  I have given up with the pompous "I am god" solicitor. He has been ok with paying our taxes but would NEVER recommend him for the purchase or sale of property.  It's not as though he doesn't have exposure to articles online which gives him a "trustworthy" rating.  Bad experience for us for going with a company who has a lot of media exposure . We live and learn . ! 

I would endorse acer’s  2^nd option. Many lawyers in Spain are a shambles with no accountability or effective regulation. Once they have milked you it is bye bye don’t want to know.

It's not just lawyers, I reckon it's generally the case with banks, Insurance bods, local authorities etc and many institutions and large companies where there is a high volume of customers and personal contact.  Too often there is a complete lack of respect for the individual, compared to expectations experienced in northern Europe.

On the other hand I'm never ceased to be amazed by the truly obvious desire to provide an excellent service by local retailers and contractors, "blue collar" workers in Spain, who invariably provide excellent value for money.   You have to wonder if these good people are at all influenced by the fact that their customers have a choice!
 

In Spain, the retention tax is commonly known as "Impuesto sobre la Renta de No Residentes" (IRNR). The current retention tax rate for non-residents in Spain is 24%. This tax is usually applicable to income derived from Spanish sources, such as rental income, capital gains, or dividends. It is important to consult with a tax professional or refer to the official tax authorities for detailed and up-to-date information regarding the specific circumstances and requirements applicable to your situation.

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Here in town, I have an accountant that I am consulting.  The conceited "I am god" lawyer has now earned my frustration. I would never use him as a realtor, but he has been fine with our tax payments.  Even with his "trustworthy" rating, he clearly has access to publications online.  We had a negative experience since we partnered with a company that receives a lot of press. Whatever happens, we adapt.  basketball stars

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