Re: Re: 3% CGT Retention on sale of property

Fuengi (Andrew)

@davidholland wrote:

In 2009 we sold an apartment and our Spanish lawyer deducted 3% for Capital Gains Tax on the basis we might have made a gain on the sale! Unsurprisingly we made a loss!

We were told it would take up to 3 years for the tax authorities in Murcia to refund this to us, we are still waiting and our lawyer never answers my emails questioning this, does anyone have any information as to when it will be refunded ?

Many thanks

Hi David,
first the 3% retention normally takes (in my experience) 6 months to get back. With august of Decembre adding a month each….
Might take longer in Murcia, but 3 years is excessive….

Keep it simple, get a new representative. They can either via the notary where you signed or from hacienda request a copy of the form showing that the buyer paid the 3%. Once they have this, it should take a few days to find out the situation.