A deadlocked inheritance between three siblings, divided without going to court

• 

  Alicante · Tax

  €11,400

  of the 3% withholding refunded by the Spanish Tax Agency

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  She sold her flat in Alicante from London and recovered the 3% withholding

  Situation

  A London resident for eight years, she sold the apartment she had kept in Alicante. At the notary's office the buyer withheld 3% of the price, as the law requires for non-residents, and nobody explained to her what to do next. She was also worried about a penalty for never having declared the property.

  What was done

  The tax adviser reconstructed the acquisition value using the purchase deed, the taxes paid at the time and the documented renovation work, calculated the real gain and filed form 210 (modelo 210) within the four-month deadline. As the tax due was lower than the amount withheld, the adviser claimed a refund of the difference and regularised the previous years by declaring the imputed income, which was minimal.

  Outcome

  The Spanish Tax Agency (Agencia Tributaria) refunded €11,400 of the amount withheld seven months after form 210 was filed. Regularising the previous years cost less than €300 and avoided any penalty.

  C. L. · UK residentView the case

• 

  Valencia · Employment

  €28,600

  in compensation acknowledged at the conciliation hearing

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  A disciplinary dismissal that ended in compensation for unfair dismissal

  Situation

  A maintenance technician with eleven years at the company, he received a disciplinary dismissal letter for alleged lateness that did not appear in any record. The letter included no compensation and the company offered him a final settlement (finiquito) to sign “to keep things simple”. He made his enquiry with twelve working days already used up.

  What was done

  The employment lawyer filed the conciliation request (papeleta de conciliación) the next day, asked the company for the working-time records that the law requires it to keep and prepared the unfair dismissal claim with the payslips to calculate the compensation of 33 days per year worked.

  Outcome

  At the conciliation hearing, without going to trial, the company acknowledged that the dismissal was unfair and paid €28,600 in compensation plus the full final settlement. The employee was paid within thirty days.

  J. P. · ValenciaView the case

• 

  Seville · Property

  €18,000

  deposit protected and the home free of charges at signing

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  They signed the deposit contract and a seizure order appeared: they still bought, free of charges

  Situation

  A couple signed a deposit contract (contrato de arras) for a home in Seville and paid a deposit of €18,000. When they requested the Land Registry extract for the mortgage, a seizure order from the Spanish Tax Agency (Agencia Tributaria) appeared on the property. The seller played the matter down and asked to sign on the planned date.

  What was done

  The property lawyer reviewed the deposit contract, demanded by registered legal notice (burofax) that the seizure order be cancelled before the deed was signed and negotiated an extension of the signing deadline without the deposit being lost. The lawyer arranged with the notary's office for the debt to be paid out of part of the price at the signing itself, with the payment receipt and the cancellation order.

  Outcome

  The sale and purchase was signed five weeks after the original date, with the seizure order cancelled and without the buyers paying a single euro more upfront. The home was registered in their names free of charges.

  A. and L. · SevilleView the case

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