Spanish Property Insight Forums Spanish Property Forums Property Questions & Answers MALAGA TAX OFFICE 3% SALES RETENTION.

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    • #185748

      The Tax Office in Malaga has not refunded the 3% sales retention in over 4 years. Does anybody know of an organisation in Spain or the European Union that I could contact?
      My property was sold at a loss in December 2010 for €128,000 (bought for €149,739 in 2004). The 3% retention was €3,840. I have spent €1,100 with two law firms to try to recover this and have even visited the Malaga Tax Office in July 2014. They aggressively told me that “the law stated I was not entitled to a refund” (I strongly disputed this to them at the time). Incredibly, they suddenly showed me their valuation according to their own Surveyor stating that my property was apparently worth €175,000. I reminded them that the market had declined 40% in the preceding 4 years and showed them evidence of the reduced asking price with my agents. After this visit I used a new lawyer who said that, even with their increased false valuation, I was still due the money back in full. He put in revised forms in July 2014 in response to their phantom valuation and we still heard nothing over the next 7 months. Then I paid for an associate to visit the Malaga Tax Office in late February 2014 to ask what was happening. The Tax Office changed their story and said that “the claim was indeed valid in full” but that they had unfortunately “lost our request” and was why the matter had not been resolved. Consequently, they promised to write to my solicitor. Of course, six weeks later no letter has been received.

      The behaviour of the Tax Office is unbelievable in that they have broken all of their own rules (repayment in 6 months etc), have lied and continue to be unreasonable. I lost money on my sale and am incurring further costs unreasonably. However, the Tax Office expects people to pay their taxes on time, which I always have.
      Is there someone I can make a formal complaint to?
      Has anyone else had this problem?

    • #185904
      uncle bob

      Is there no companies that offer no win no fee like in the UK?

      Blevins Frank are meant to be specialists it could be worth giving them a call to see if they can help

      Sorry I cant be of more help

    • #191046

      Hello Jennings. I have waited over two years now for my 3% retention. I was told by my lawyer that I would get back 2,5000 euros in about 7 months after the sale, as I made a loss on the property.

      My lawyer has stopped answering my e-mails. When I called her office last year, her secretary told me it can take 3 years to get the money back. When I called her office last week, the same secretary said it could take 5 years. I don’t know if they are telling the truth, or has my lawyer decided to pocket the money, as she agreed to send it back to me, as I closed all bank accounts when I left.

      My lawyer was supposed to send me a refund from the 1000 euros the purchaser’s lawyer took for cancellation of the mortgage, but again, she does not want to answer me, when I’ve asked her for the invoice. I fear the worst. Are you still waiting for your money?

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