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Spanish Tax Reclaim

07th January 2010
By mark goodwin in Taxes
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Have you sold a property in Spain between 1997 and 2006? If you answer yes to this question then maybe you can make a Spanish tax reclaim. The European Court of Justice recently made a ruling because of a case brought about by an English couple. The basis for the case was that during the years in question, they had to pay 35% in Capital Gains Tax, whilst Spanish residents only had to pay 15%. The ruling by the court deemed this to be dicriminatory and therefore because of this literally thousands of sellers from the EU will me making a claim against the Spanish Tax authourities.

There are several criteria that each claimant must have before they can proceed with their claims. Firstly you must NOT have been a Spanish resident between 1997 and 2006. Then you must have been an EU citizen and have access to the Spanish tax form "Modelo 212", this document shows exactly how you much you paid in taxes, upon the sale of your property. You must also have access to your title deeds and also the sales contract.

The Times newspaper estimates that there are 238 million GBP in compensation claims in the UK alone. The average estimated claim in thought to be 15,000 Euros. There have already been several successful cases and a leading lawyer on the subject is said to be working on over 600 cases. The overall figure for claims across Europe is thought to be close to 1 Billion Euros. Due to Spanish law there is a limited timescale as to how long it can be before your claim becomes invalid, so if you feel this applies to you, you should contact First Property Choice immediately and they can help you take your claim forward with a UK Ministry of Justice regulated claims expert, on a no win, no fee basis.
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