[Debbie]

I sold my house in Spain in October 2013 and made a loss. But I have only just now received my 3% tax rebate. It states I have had to pay €1,350 in capital gains tax, because they say I have made a €6000 odd profit.  This is not true if you include the cost of the work that I had done to it and the sneaky bill for complimentary tax which I received three months after buying for €9000.

I know that my builder was very dodgy and have been since told that I can not offset his costs because his receipts were invalid and he has since left the country.

But what I would like to know is why the complimentary tax has not been taken into consideration? I have tried asking my solicitor, who also dealt with my tax affairs, but they are now asking for more money to open the case and I cannot get a straight answer from them.

I have tried ringing the tax office and looking at their website to no avail.

So can the complimentary tax be offset against CGT and also, can the tax rebate be challenged?

Help!

[Mark Stücklin]

Hi Debbie,

According to the expert I consulted, the complimentaria is a version of the transfer tax, and in his opinion it should be offset against CGT. In theory, at least.

These articles might be useful for you:

La Complementaria or ‘Bargain Hunter Tax’

Taxes on Selling Spanish Property

Let us know how you get on.

[Author]

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