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RE Claim TAXES PAID

Posted: Sat Jan 20, 2024 4:16pm
7 replies3 members subscribed
Michael19

Posts: 4

Location: Marbella

Joined: 20 Jan 2024

Sold my villa which we renovated and it cost us about 50,000 euro, the abogada is claiming I cannot claim for the planning permission and had I not secured it the town hall could have knocked down the villa, the local builders gave me receipts for every item I bought and they did not note the IBI separately, I have all the bills for the Notary who failed to register the villa and her costs were more than 7000 euro, we had to hire a topographer and paid him 450 euro plus tax,  then we had to hire another notary to correct the first notary work, the abogada is saying I cannot claim them,  I have not itemised the AFO we paid for which has the IBI on it, the land registry fined us Euro 700 for the Notary not registering the house!   Does anyone know what we can off set for this tax they are withholding?

Holaitsdavid

Posted: Sat Jan 20, 2024 7:21pm

Holaitsdavid

Very helpful member

Posts: 1481

559 helpful points

Location: Mijas Costa

Joined: 30 Mar 2021

Posted: Sat Jan 20, 2024 7:21pm

Blimey sounds a mess, I presume you did not do the works via a lawyer and architect, one thing I know is all works have to be registered and you pay a tax on works you do, even minor works, when you sell the property unless the registered and fees paid you then cannot claim as an expense went sell the property. Interesting link about this. https://britishexpatsinspain.com/2020/08/31/you-need-permission-for-doing-work-on-your-spanish-property/ 

Good luck sorting it out. 

Michael19

Posted: Sun Jan 21, 2024 2:13pm

Michael19

Original Poster

Posts: 4

Location: Marbella

Joined: 20 Jan 2024

Posted: Sun Jan 21, 2024 2:13pm

Holaitsdavid wrote on Sat Jan 20, 2024 7:21pm:

Blimey sounds a mess, I presume you did not do the works via a lawyer and architect, one thing I know is all works have to be registered and you pay a tax on works you do, even minor works, when you sell the property unless the registered and fees paid you then cannot claim as an expense went sel...

...l the property. Interesting link about this. https://britishexpatsinspain.com/2020/08/31/you-need-permission-for-doing-work-on-your-spanish-property/ 

Good luck sorting it out. 

Hi all the works - we obtained the right planning permission and paid for it.  It was when we first bought the house through a solicitor and a notary things went wrong the notary did not register the house at the land registry, we also employed a topographer to re-measure, my wife is a solicitor and is aware of the law in England, but the solicitor who dealt with our sale who offered to claim the retained tax for us, is saying we cannot claim for the notary and many of the building items which we have the receipt for a PAID TAX (IBI) 

mosquera

Posted: Wed Jan 24, 2024 12:08pm

Posts: 47

8 helpful points

Location: Álora

Joined: 11 Dec 2023

Posted: Wed Jan 24, 2024 12:08pm

I had the same problem with my Lawyers in Malaga. When I tried to get insurance  on the house the insurance  broker discovered the rural house was not registered  with the land Registry. The Lawyers in Malaga were too lazy to go to the Land Registry in Alora which is a 30 mile drive by car. I found a local Lawyer who did it. My costs including  fines and taxes was 16000 euros. I didn't bother trying to get refunds nor suing the Malaga Lawyers, nor the crooked English Estate Broker who lied and lied to me. The Lawyers  were selected by her, so they were all into the scam. The Broker told me the house had Town Water, but I discovered later on it was Well water. The President  banned residents from accessing the Well, so I had to rely on two key holders who were the only two allowed access. They were very dishonest and made my retirement to Spain a nightmare. Anyone living in a rural Community  with just Well water will tell you the dirty tricks, they get up to. Diverting water to just their own house and refusing to switch the pump on etc,etc. Never live in a rural Community  supplied  only with Well water and controlled  by only two keyholders!!!

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Michael19

Posted: Wed Jan 24, 2024 1:48pm

Michael19

Original Poster

Posts: 4

Location: Marbella

Joined: 20 Jan 2024

Posted: Wed Jan 24, 2024 1:48pm

mosquera wrote on Wed Jan 24, 2024 12:08pm:

I had the same problem with my Lawyers in Malaga. When I tried to get insurance  on the house the insurance  broker discovered the rural house was not registered  with the land Registry. The Lawyers in Malaga were too lazy to go to the Land Registry in Alora which is a 30 mile driv...

...e by car. I found a local Lawyer who did it. My costs including  fines and taxes was 16000 euros. I didn't bother trying to get refunds nor suing the Malaga Lawyers, nor the crooked English Estate Broker who lied and lied to me. The Lawyers  were selected by her, so they were all into the scam. The Broker told me the house had Town Water, but I discovered later on it was Well water. The President  banned residents from accessing the Well, so I had to rely on two key holders who were the only two allowed access. They were very dishonest and made my retirement to Spain a nightmare. Anyone living in a rural Community  with just Well water will tell you the dirty tricks, they get up to. Diverting water to just their own house and refusing to switch the pump on etc,etc. Never live in a rural Community  supplied  only with Well water and controlled  by only two keyholders!!!

I am sorry to hear of your problems, my wife is a retired solicitor and she is taking action against the notaries and she has told our buyers solicitor she wants the tax money back and she does not accept his excuse we are not entitled!

mosquera

Posted: Wed Jan 24, 2024 2:14pm

Posts: 47

8 helpful points

Location: Álora

Joined: 11 Dec 2023

Posted: Wed Jan 24, 2024 2:14pm

Michael19 wrote on Wed Jan 24, 2024 1:48pm:

I am sorry to hear of your problems, my wife is a retired solicitor and she is taking action against the notaries and she has told our buyers solicitor she wants the tax money back and she does not accept his excuse we are not entitled!

Good for her. Seems they picked on the wrong one with your Wife! Sweet revenge! I was taken to the Cleaners by my estate broker and the Lawyers she used. I discovered later, the rural house I bought was illegal and only recorded as a workshed on the title deeds. I think everything  I did was a mistake. The worse thing was discovering the water supply was Well water and not Town water. that I'm still suffering  from, because the two men who have the keys to the pump room have made my life a living hell. The President  has banned access to the pump room and won't give access to any of the 26 residents. One of keyholders is the President  who has divided the Community into different days they receive water. My days get less water than his days. My complaints are ignored or I'm called  a liar. Terrible situation,  that's  been going on for several years. Lawyers, Police are helpless to do anything. The other Residents  are too scared of the two men and in any case,  do not want the responsibility  of the Well. Many are now trying to sell up, but nobody wants to buy rural property  where the President  has banned access to the Well. 

Michael19

Posted: Wed Jan 24, 2024 2:27pm

Michael19

Original Poster

Posts: 4

Location: Marbella

Joined: 20 Jan 2024

Posted: Wed Jan 24, 2024 2:27pm

mosquera wrote on Wed Jan 24, 2024 2:14pm:

Good for her. Seems they picked on the wrong one with your Wife! Sweet revenge! I was taken to the Cleaners by my estate broker and the Lawyers she used. I discovered later, the rural house I bought was illegal and only recorded as a workshed on the title deeds. I think everything  I did was...

... a mistake. The worse thing was discovering the water supply was Well water and not Town water. that I'm still suffering  from, because the two men who have the keys to the pump room have made my life a living hell. The President  has banned access to the pump room and won't give access to any of the 26 residents. One of keyholders is the President  who has divided the Community into different days they receive water. My days get less water than his days. My complaints are ignored or I'm called  a liar. Terrible situation,  that's  been going on for several years. Lawyers, Police are helpless to do anything. The other Residents  are too scared of the two men and in any case,  do not want the responsibility  of the Well. Many are now trying to sell up, but nobody wants to buy rural property  where the President  has banned access to the Well. 

I have told my wife about this, her advice, go to the town hall and denounce them!   You do not need a lawyer to do this, you do need to complete the form in Spanish though, you can also denounce the estate agent and the lawyer

mosquera

Posted: Wed Jan 24, 2024 3:28pm

Posts: 47

8 helpful points

Location: Álora

Joined: 11 Dec 2023

Posted: Wed Jan 24, 2024 3:28pm

Michael19 wrote on Wed Jan 24, 2024 2:27pm:

I have told my wife about this, her advice, go to the town hall and denounce them!   You do not need a lawyer to do this, you do need to complete the form in Spanish though, you can also denounce the estate agent and the lawyer

I did go to the Town Hall over the Well and my translator did speak to the Mayor. Apparently, several  years ago, a delegation  of Residents of my Community  did visit  the Mayor and  told him  the Community  was legal and could they connect the Community  to Town water? Accordingly to what the Mayor told my Translator, the Mayor burst out laughing and told the delegation they were a bunch of liars and their Community was 100% "ILLEGAL" and no way was he going to give his precious Town water to a bunch of "illegals" Not satisfied with this he went on to add, even if they were legal they would have to pay for all the work to connect the Town supply to the 26 House Community. The cost was over 250,000 euros! The Community pays IBI to Pizarra Town Hall,  but not for water, sewage  and rubbish collection. Nor road maintenance etc, etc. 

I never legally pursued the Malaga Lawyers and Estate Broker, because I was helped out by a local Lawyer who registered  my house on the Alora Land Registry. Several years later an. Architect took 6000 euros from me and in return gave me a Certificate  detailing all the details and measurements  of my house and extension. He never came to my house, but took the sizes off the back of an envelope.

 I've  tried to get advice from 22 Legal Firms in Malaga and Marbella regarding the Well problem. I received only 6 replies. 4 of them instantly  dismissed my problem by stating my Community was illegal and therefore,  did not deserve  their respect nor services!!!  One of the Legal Firms was English run,  De Cotta Law, in Coin, near Malaga, Jon Sutton, replied curtly, The Firm "as a matter of Policy never takes on Community disputes"  Only one,  Emelio Pino in Marbella, took some interest. He wrote  I had several promising options to pursue  my case, and for 400 euros he would draw up a full report. So I sent him 400 euros, but after receiving  it he sent me an email claiming  I didn't  have a leg to stand on!!! What he wanted was Witnesses...many of them, but I couldn't get of the Residents  to talk, because they are too scared of the two men who have the keys to the water pump. Nothing surprises  me anymore about the Spanish property  Law. I was seriously shocked how discrimination plays a major role and is weaponised against those  purchasing rural properties in Spain. 

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