Re: Re: Should you use Lawyer or Gestoria when selling ?

#117990
Anonymous
Participant

Sorry but I do not know -that is why I asked ! My understanding is that 3% is deducted from the sale proceeds due to the seller. I do not understand why the amount is so small. My opinion is that it cannot cover the amount of tax chargeable in many cases. I have never sold a Spanish property so I do not know the exact way the tax is dealt with. But the very fact that the 3% is deducted suggested to me that some sellers avoid it. Other posters here then told us that it was common for sellers to pay the 3% and clear out of Spain without paying their CGT. in the past. So what I am asking is how is it done -I am grateful for you telling me it is illegal – I am not desiring to break the Spanish Law.and I was not suggesting Lawyers did it -in fact I was asking whether it is more likely to be a Gestoria who did it. Now there may be situations due to a bad purchase experience where a property owner did not get a fair deal that they might be concerned about having to pay more CGT than they should and seek to minimise it and to be able to pay the 3% and leave Spain would give them a sense that it was not unjust to have done it. But I still do not understand how it happens that a seller can in some way not pay the CGT and whether it might be the Gestorias that can do it but the Lawyers usually don’t . I would appreciate clarification of this dalorger and appreciate your interest.