May 6,

Spain Capital Gains Tax Mallorca properties

Will the government of Spain admit fault.

We had a change in Spanish law at the early part of 2007 which saw the
standard Capital Gains tax for non-residents being brought into line
with Spanish residents' capital gains. Although its implications went
largely ignored, and unpublished in the press. It now shows the way
for those who may have lost out to get their cash back but mybe with
some distressed feelings in claiming for sold properties.

Tax Authorities now enforce the recent requirement that overseas UK
persons selling their property need to obtain a 'fiscal' resident
certificates which you should now be aware of,and  know the reason
why. The Spanish Government authorities are declining to comment or
disclose any further information on the EU ruling making it difficult
to determine exactly how many overseas persons this has affected in
total.The Spanish have made yet anorher way of keeping your cash where
paper work is involved unless you know the property buying purchase
rules.

 In Mallorca the Spanish Tax Office is rejecting all the individual
cases being brought before them to re view, and given the sheer amount
Mallorca may stand to lose, understandably we understand their actions.
Once the Tax Office rejects  reclaims, the next step is to go to the
Spanish Courts. Again, the Spanish local Government will want to
reject these reclaims also.  This will mean, by law, Spanish Courts
must then consult the European Court of Justice and the Spanish
Government must act in accordance with those EUROPEAN COURTS
decisions. See follow up article: Mallorca Legal Action on Discrimination.

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