Overseas property owners in Spain that sold their homes and were charged Spanish capital gains tax are now entitled to a refund which on average could amount to £13,5000. The news has led to a flood of claims which labels the Spanish authorities as acting in a decimator manner
The recent ruling by the European Court of Justice (ECJ) confirmed that those non-Spanish residents were unfairly charged 35% in Capital Gains Tax compared to 15% charged to local Spanish residents. As a result it is now possible to submit a claim to get the 20% difference back from the Spanish Tax authorities. This means if any of you sold a Spanish property between January 1st 1997 and December 31st 2006 you can get your money back.
Eduardo Fernandez Martinez, expert in the Spanish Property Tax sector had this to say, “This is breaking news for the non-resident taxpayer.
The Spanish Tax Authorities have been inundated with claims since the ruling of the ECJ. The result that it was both discriminatory and unfair to charge a higher tax percentage is both deserved and overdue. Non-residents will now get what is indebted to them for investing in Spain for years.”
Former Spanish property owners that can claim should meet the following criteria.
They sold a Spanish property between January 1st 1997 and December 31st 2006.
At the time of sale the owner was not a Spanish Resident
Owners must have a copy of the purchase and sale deeds of the Spanish property
Former owners should have the Spanish Tax form Modelo 211 and / or Modelo 212
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