Transfer Tax

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04 Feb 2008 11:47 AM by Rixxy Star rating in San Pedro. 2010 posts Send private message

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Its a toughie because when you sign a private purchase contract you havent actually bought a property, you have only bought the rights to buy a property and so it is actually this right to buy a property that they are trying to charge iva/vat on.

It can be understood capital gains, but not the iva which is effectively being paid twice and which many lawyers are saying the law passed does not apply to. It does apply to a resale.

The cancellation used to come in where big profits were being made and the difference usually paid in cash - it was really for the developer to show the taxman he hadnt sold the same unit twice but this was stopped to ensure tax evasion didnt take place.

I guess its to each how its challenged but I have known it where people stood their ground and it was sorted out, no double payment.



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04 Feb 2008 12:59 PM by morerosado Star rating. 6927 posts Send private message

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Roberto said "Very interesting, especially since it pretty much contradicts what Maria says"

I'd be very tempted, flying cat, to contact Maria privately about this matter as just maybe she's right & you'll have saved a lot of money. Here are her contact details.

Email her on mldecastro@costaluzlawyers.es     or    marialuisa@costaluzlawyers.es


Maria L. De Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es



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04 Feb 2008 3:58 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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......and furthermore, Rixxy says she knows of cases where it has been successfully challenged, so yes, it looks like it's well worth digging your heels in over this issue. Good luck all!

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"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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