A disciplinary dismissal that ended in compensation for unfair dismissal

• 

  Madrid · Inheritance

  5 months

  to sign the division of the estate, without going to court

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

  Situation

  After their mother died, three siblings inherited the family flat in Madrid and a bank account. One lived in the home and refused to sell; the other two needed to cash in their share. They had gone more than a year without an agreement and the deadline for Inheritance and Gift Tax (Impuesto sobre Sucesiones y Donaciones) was about to expire.

  What was done

  The inheritance lawyer first filed the tax return to avoid surcharges and then proposed a division in which the brother living in the flat would take it and compensate the other two in cash, based on an independent valuation. When negotiations stalled, she set out in writing the option of a court-ordered division, which sped up the agreement.

  Outcome

  The three siblings signed the deed of partition five months after first getting in touch. The brother who lived in the flat kept it, paying the other two their share over eighteen months, with no lawsuit and no surcharges from the Spanish Tax Agency (Agencia Tributaria).

  M. R. · MadridView the case

• 

  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

• 

  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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