[Anonymous]

Hi,

Just filling in my 212 to claim back the 3% retention.

Unless I have made a mistake, the 3% which should be fully refunded (as I made a huge loss) is not adjusted for income tax that is payable for 2008 (even though the property was not let!).

I am a bit confused by this. So I guess it’s one of the following.

1) Hacienda will reduce the 3% refund by the income tax that they deem is payable for 2008

2) Pay the full refund and expect me to complete 210 to pay 2008 taxes.

But……

1.. above really requires Hacienda to have received a completed 210 (can’t use the simplified 214), otherwise they will not know the true figure for income tax.

2.. seems to defeat the whole purpose of the retention as once the retention has been refunded ( and assuming you have no more ties with Spain) you could simply never submit the 214/210 to pay non-resident taxes (assumimg you have not completed them as I have not as I have sold early in the year).

I really do not want to pay more discriminatory taxes when I am already due a substantial refund. Logically you would assume that the 212 should have a section for taxes still outstanding.

Has anyone experience in this area or know the exact procedure. Thanks

[Anonymous]

ok, got the answer myself.

So if anyone is interested for their own rerference, they are 2 seperate processes. Modelo 212 does not take into account income tax that is payable

[Author]

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