Paying capital gains tax

[Steve]

My parents have sold their villa in Alicante

Initially the “lawyer” that they had used for many years insisted that the CGT rate was 20% despite me telling them it was 19%.

They worked out the capital gains tax which was very simple on an excel sheet but I asked for a copy of the tax form itself. They insist that the money should be paid into their account and then they will pay the tax people. I said my parents will send a cheque payable to the tax people. Thissmall company said if they dont receive the money first, without them sending us a copy of the tax form, then we had to do it ourselves. Charming eh!

I have some deep suspicions about this, as you might expect

Has anyone else paid CGT, have they paid this direct to the taxman, and is there a regulator I can take this up with in Spain or is this non regulated?

[Mark Stücklin]

I pay all my taxes online direct to the tax authority. My accountant send me a borrador or draft declaration for each tax, which I then pay, and let me accountant have the NRC number to finish of the process. Paying from online banking in English is straightforward, at my bank at least, and I’ve never been asked to pay my accountant first. Sounds like  you have reason to be suspicious.

[Steve]

Thanks Mark

In the end we agreed for her to complete the tax form and when we received a copy and agreed it, the funds were paid direct from my parents bank account here, using the POA. Parents dont have internet banking.

I insisted on seeing the tax form before it was paid, and eventually I got it, with the wrong date of sale , different amounts to the excel sheet she had provided for the amount payable, (firstly with 20% CGT and then after they argued that CGT was definitely 20% , they eventually agreed that it was 19%)

One strange part was that they completed and signed the tax form a a “voluntario” and not “legal” which makes me think they are not qualified. I asked if it was correct and she replied it was.

[Author]

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