You will have seen in our blog we wrote some articles regarding the recent judgment re Plusvalia in Spain. Just to explain this is not to be confused with capital gains tax on the sale of property in Spain which is paid the to Spanish tax office known as Hacienda.
Following the Judgement of the Constitutional Court, the question is: can I claim back the money I previously paid for Plusvalia?
Although it is true that the Judgment clarifies that the amounts paid cannot be claimed in those cases in which the person does not appeal the liquidation made by the Administration, as well as cases in which the person does not request the rectification of such liquidation, there are certain cases in which the amount paid can be claimed.
For example, if the amount you have paid for the Plusvalia was higher than the profit that you actually obtained from the sale, donation, or inheritance, you could be entitled to claim that amount.
For this, it will be necessary that you have paid the Plusvalia within four years prior to issuing a claim.
If you have any questions about the Plusvalia tax in Spain and want to know if you can claim the amounts you have paid, contact us at Just Law Solicitors.
If you are looking to buy a property or sell a property here in Spain, we can help as your independent Spanish firm of Solicitors.
Est. 1992 www.justlawsolicitors.com
Belen Batalla Lawyer
Plusvalia recent judgement in the Spanish courts.