Was plus valia overpaid?

Question - EWN I sold my house in 2017 and, although the house was sold at a loss, the solicitor dealing with the sale had to pay Marbella Council around €40,000 municipal plus valia tax.

I have asked the solicitor who dealt with the sale to claim this money back, but I am informed that I should not press my case as this would cause my claim to go to the bottom of the pile. Have you any suggestions?

D W (Costa del Sol)

Answer - EWNThe plus valia tax is a municipal tax charged on an estimated increase in value whenever a property changes hands. The longer the time between the original purchase and the sale, the higher the tax will be.

In the recent depressed property market, however, many sales have been made at a real loss, even though the rated value, the valor catastal, has risen by a small amount.

You may want to start a procedure of contencioso-administrativo where a citizen acts against a decision of the public administration and you will find the courts receptive to your cause. Even so, it will be a long process.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.

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David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.