- January 30, 2009 at 5:54 pm #54700
Ok I got my questions answered by by Spanish solicitor ( 😕 ). Not sure he was answering the questions I asked though!
Anyway as so much in life forums like these are infinitely more useful than paid professional advice.
So I would be grateful is anyone has experience of this and how it was done, so that it’s clear the sale price declared is the REAL price.
- February 4, 2009 at 9:29 pm #89959
A follow up to my earlier question…
Having spoken to my solicitor we have written into the private sales contract that the buyer will pay (to me) 100% of the sale price and not withhold the 3% retention.
Now talking this over with my wife after she has spoken to people on the Hacienda telephone help line, it may not be that straight forward as form 212 that we complete to claim a refund will reference form 211 the buyer completes to pay the tax. Of course in our form we would enter 0 as the amount to refund.
Does anyone have any thoughts on this process? Assuming the buyer agreed to not withhold retention tax? Is it legal… This is the advice of our Solicitor!!!
- February 4, 2009 at 9:35 pm #89960
I thought it is the Law that the buyer MUST withold the 3% retention. The Notary will require to see that this is done. No buyer with sense would agree to this as they are liable if they do not withold it.
- February 4, 2009 at 10:05 pm #89962
- February 5, 2009 at 12:22 am #89968
But is it law and would the notary refuse to conduct the sale without the retention. This was the exact thought I had after the advice was received.
So is my solicitor completely incompetent? So far what has been provided in written form has been absolutely abysmal. Incorrect information, incorrect formatting, vital information missing, lack of flow and consistency in style. A total joke.
My wife has ended up writing the private sales contract!
- February 5, 2009 at 9:06 am #89972
I would sack the Lawyer.
- February 5, 2009 at 9:21 am #89973
- February 5, 2009 at 12:35 pm #89988
Yes thanks for the advice,
I will re-write the term to state that the buyer presents a cheque for the retention tax and competes 211 which will be submitted at signing.
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