Best way to Notify Hacienda of purchase price..

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    • January 30, 2009 at 5:54 pm #54700
      Anonymous
      Participant

      Hi All,

      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.
      Thanks
      JP1

    • February 4, 2009 at 9:29 pm #89959
      Anonymous
      Participant

      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!!!
      Thanks
      JP1

    • February 4, 2009 at 9:35 pm #89960
      katy
      Blocked

      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
      Anonymous
      Participant

      @katy wrote:

      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.

      Exactly!

    • February 5, 2009 at 12:22 am #89968
      Anonymous
      Participant

      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
      katy
      Blocked

      I would sack the Lawyer.

    • February 5, 2009 at 9:21 am #89973
      Anonymous
      Participant

      @katy wrote:

      I would sack the Lawyer.

      Exactly!

      Sorry JP1 but it is the law if you are selling as a non resident for the buyer to withhold 3%, which is paid to Hacienda and then you have to convince them to refund it.

    • February 5, 2009 at 12:35 pm #89988
      Anonymous
      Participant

      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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