Catastral Value

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02 Sep 2009 12:00 AM by plexx Star rating in Hertfordshire & Elvi.... 131 posts Send private message

plexx´s avatar

Hi,

I didn't get any response to my question from the general forum, so I am posting it here in the hope that one of our legal subscribers may notice it and be able to answer.....

Does anyone know the procedure/costs involved  for appealing against the catastral value applied to a new property together with any time limit that may apply? If an appeal is successful, would any IBI and deemed rental tax paid on the inflated value be refundable?





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03 Sep 2009 8:36 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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http://www.eyeonspain.com/blogs/costaluz/1451/legal-tip-69-claims-against-ibi-tax-amount.aspx

If your IBI receipt (Local property tax) over-rises after a Cadastre review, there are two possible avenues of legal action:

 A) Before or against the body of cadastral revision.
 
I. Submitting a Request for review to the Cadastre management organ which corresponds territorially.
 

The document you will receive with the revision of the Cadastre value needs to mention the address of the office for the claim and the possibility of the claim itself.
 
II. Directly to the pertinent Court with judicial power on economic acts of the Administration. 
 
In both cases (I and II), the earlier deadline for filing an appeal is 30 working days (it includes working Saturdays and excludes Sundays and public holidays) from receipt of notification of cadastral revision. You need to receive that document by registered mail.
 
You are obliged to pay the IBI receipt you are challenging even if you are claiming against it. 


B)  Before the Local Council
 
The Local Council applies an index to the cadastral value; this determined the IBI tax amount. It is also possible to submit a claim against that index.
 
Maria
 
 
 

 

 

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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03 Sep 2009 9:13 AM by plexx Star rating in Hertfordshire & Elvi.... 131 posts Send private message

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Thank you, Maria.

Just to be clear. This was niot a review, but the very first catastral value applied to a new property. I had consulted two lawyers, both saying that they were unsure of the appeal procedures and would explore possibilities, but neither of whom has ever got back to me. It is now more than two months since I received the letter by registered post. Does that mean there is nothing I can do now? (I am not complaining about the index applied to the catastral value, but the catastral value itself).





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03 Sep 2009 10:08 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Dear Plexx:

After 30 days of  notification of cadastral value/revision there is nothing you can do.

I am very sorry!

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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03 Sep 2009 11:00 AM by plexx Star rating in Hertfordshire & Elvi.... 131 posts Send private message

plexx´s avatar

Thanks for all that, Maria, although I think I may be more sorry than you!

 





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03 Sep 2009 1:30 PM by noddy Star rating. 150 posts Send private message

Does anyone know if the cadastral value changes every year.

I have just completed my return using last years value as it is the only amount i have, but should i request an updated value.

if so , from whom.

My apartment is in the casares area (cds)

Nick

 





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03 Sep 2009 2:41 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Cadastral values are revised every each 10 years.

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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