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Testimonials Clients “We are delighted to hear that the apartment has been sold and would like to thank you and Miguel for your efficiency and assistance” Mark Hemmings “It was a pleasure to meet you and I cannot thank you enough for all your help.  You are so efficient and have managed everything perfectly from beginning to end which made the whole process completely stress free for me” Wendy Church “We still feel totally comfortable with your company assisting us in our Spanish endeavours” Gail and Steve Young "It's nice to know that you're always there. Your one of the few companies I deal with that always answers e-mails promptly and informatively and show by actions you care about your customers. That's rare these days and it's refreshing to deal with you because of it." David Murphy “I would have to say that your assistance has been invaluable to us throughout all the processes we have gone through in buying our place in Spain and selling it.” Jasmine Sneddon “I am deeply grateful for all your help and guidance - I would have got nowhere without it.” Dennis Kelly
Iberbrit | Legal Av. Gran Vía - Monterrey building, Bajo comercial PC 30380 - La Manga del Mar Menor-Cartagena Murcia (Spain) Tel: +34 968 337 392   Fax: +34 968 563 224 email: web@iberbrit.com www.iberbrit.com
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Have you received a letter from the Spanish tax authorities requiring you for an extra payment? Don’t lose your right to challenge it! It is not a surprise that nowadays the Tax Office is using some ways to get money from the tax payers in Spain, without properly fulfilling with the procedure established by Law. If you have received an letter from the tax authorities of the Region of Murcia claiming for an extra amount of tax in reference of the property you bought some time ago, please be careful, it is very important to attend the request in time in order to avoid losing to challenge this reclamation. During the last two years, the tax authorities of each region of Spain are starting a new tax process included in the tax law to check the "real" values of the properties placed in Spain, especially for those ones placed in the coast.  Within the reclamation, the tax authorities state that the value of the properties are higher than the value declared at the notary when people buying though a title deed. This way, they change the taxable base and increase the taxes due by the buyers, so in the letters received they require the tax payers to pay the difference between the tax paid on completion and the new one estimated by them. Why I should attend this notification received from the tax authorities? You may think not answering or not paying when receiving this kind of letters from the tax authorities as you are outside of Spain, or you simply believe you bought your property correctly at the notary, and so nothing else should be paid; but the truth is that you should give some feedback to Tax Office in order to close the proceeding properly to avoid any sanction. If you decide not to pay the tax claimed, the tax reclamation process will keep on, anyway. If you do not pay within the voluntary time limit informed by the tax authorities, the Tax Office will fine you adding a surcharge from 5% to 20% and could also apply some delay interests on the main debt. At the end, if you still decide not attend to the tax reclamation, they  will place an embargo on your bank accounts and/or on your properties, both in Spain or outside Spain, up to cover the whole accumulated debt. At the end, if you still persist in not challenging the reclamation, you will lose any possibility to fight against the tax surcharged and you be obliged to pay for it in full at the end of the process. How can I defend my rights against this kind of tax reclamations? First of all, note that challenging this tax reclamation does not mean you will pay more taxes or lose any tax advantage, but you just use your rights according to the Spanish Law, because you consider this proceeding does not fit the reality. The challenge that Iberbrit Legal can present on your behalf will depend on the stage of the tax claim process, although the most usual legal appealing is called Economic-Administrative Appeal. This Appeal is not an expensive process as the Law does not oblige the plaintiff to hire a lawyer and a procurator. In order to be able to present this appeal, it is important to consider that there are deadlines. This is the reason why it is so important to be aware of the necessity of having a proper Spanish tax address where you receive official communications if you decide to go ahead with the presentation of that challenge. When the tax authorities send you any letter and there is nobody in the address, they can try once again. If they cannot deliver their communication in the second time they will notify you automatically by the official bulletin of the region, giving you a deadline to pay and/or to challenge it. If you do not realize about this issue until some weeks or months later, then it could be late to you. If I present an Appeal, do I have to pay the tax claimed anyway? Not necessarily. There are two alternative ways to follow when you decide appealing the tax notification received through an economic-administrative procedure: a) You may pay the tax when the tax authorities send you the letter of payment. This way, you will be able to present a tax rebate reclamation (called in Spanish "solicitud de ingresos indebidos") after receiving the sentence on your favor. If you cannot afford to pay the entire amount claimed by the tax authorities at once, you can apply to pay in installments. b) You may not pay the tax claimed and ask for a suspension of the tax reclamation process, meanwhile a Court releases the final sentence. This option could be some risky, however for more information about this alternative, please contact us for a better explanation on this matter. Is there any deadline to attend? Yes. If you want to challenge this notifications you have 1 month (a) from the moment you or somebody with your authorization receive the certified letter (signing at the Post Office), or (b) from the moment the tax authorities reports this communication at the Official Bulletin of the Region. Besides, the deadline to pay the tax will vary depending on the date you received the letter (either personally or by bulletin). What are the chances to obtain a favorable sentence? Regarding the possibilities to win the challenge, we are currently in the process of representing an important number of clients who appointed us to deal with this type of inquiries. Up to date, we have been successful with appealing these tax revisions in 99% of the cases presented The tax authorities have placed an embargo in my bank account. What can I do? If your bank has informed you that an embargo has been placed into your account, it means that your tax reclamation is at the final stage. The first thing to do in this case, anyway, is contacting us so that we can check what was the reason for that embargo. Once we get all the paperwork related to that reclamation process, we will be able to confirm what tax process refers to in order to to stop the embargo. Once again, time limits play the most relevant role in any chance of appeal.
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