Recently at Just Law Solicitors, we wrote an article about how plusvalia which is a type of capital gains tax was declared unconstitutional by the Spanish Courts. Plusvalia is paid to the town hall in Spain when you sell, donate or inherit Spanish property.
So now we are into 2022 and we discuss here whether or not you have to pay plusvalia, and the short answer is yes. The only time whine there could be an exemption from paying this Spanish tax is when the sale, donation, or inheritance (date of the deceased passing away) was between the 25th October 2021 which was the day on which the Spanish court ruled and the 8th November 2021, this is the date on which the Spanish government passed a new law, which conformed to the requirements of the Spanish court.
For the period 25th October 2021 to 8th November 2021 if you made a transfer of the property you have to confirm that the plusvalia that the town hall (Ayuntamiento) calculated is in accordance with the new law passed on 8th November 2021. If it is not you can appeal this calculation and you have 4 years to do so.
In all the cases, no matter when you sold your property you have to declare the sale to the town hall within 30 days, otherwise, the Spanish tax office (Hacienda) can check and make you pay the plusvalia tax and a fine.
As with all my articles, this isn’t legal advice and you should take advice from a qualified regulated Spanish lawyer.
Marisa Moreno Senior lawyer and Consul for Denmark
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