We sold our Spanish apartment in March 2014. (Yes! Over 2 years ago!) and we have still not received the 3% which was retained by the Spanish authorities. Our Spanish solicitor dealt with the sale, provided all the documents as proof that we actually sold at a loss (and therefore do not owe the tax office any money in CGT).
Our Spanish solicitor is supposed to be enquiring on our behalf but, even with their involvement, we seem to be getting nowhere.
On one hand I feel like “writing it off” but on the other I think “Why should we?”.
The Spanish tax authorities constantly come up with different excuses – if we, in this country (UK) dealt with visitors in the same manner there would be uproar.
I just wondered if anyone has any suggestions on what more I can do to try and recover the money which the Spanish authorities are hanging on to?
I think my reclaim took about 12 months back in 2009, but I went in person to the tax office with my wife who is Spanish.
Have you submitted your non-resident tax declaration every year (form 210) that you owned the property?
When I sell my current apartment, I will effectively write off the retention, and psychologically try and up the agreed sale price 1 or 2 % to make me feel happier. I will still stick in the reclaim though.
Anyway my advice is to visit the tax office in person with someone who is fluent in Spanish and try to push it along that way. If you don’t have any connections to the region where you owned then this is of course difficult.
Technically they will add interest to your refund, but with rates on the floor it will be very little.