You are likely to be entitled to claim for a full refund of the surplus value tax that the Spanish authorities charged.
We are tax litigation specialist lawyers ready and able to study your case. Our first consultation is free
If you paid any surplus value tax before November 8, 2021 the deadline for claiming is not yet over and you may claim refund with us. If you paid after November 8, 2021, analysis is advisable on a case by case basis. We provide free of charge first study and competitive legal fees.
Please fill in the following form and our lawyers will revert to you, free of charge, to inform you about your rights and the advisable claim procedure thereof.
Responsible for the data: Pin & Del Pino Abogados y Asesores Tributarios, S.L.P. Purpose of the data: Manage the request you make in this form. Data storage: Database hosted by siteground spain s.l Rights: At any time you can limit, recover and delete your information. For more information: Privacy Policy
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If either you or your company sold, inherited, purchased, or otherwise acquired an apartment, villa, plot of land or any other real estate at any moment in time over the past years, you are likely to be eligible for a full tax refund, with interest, regarding the surplus value tax you were charged with by the Spanish authorities. The reason is that the Spanish Constitutional Court recently overruled and declared unconstitutional all rules and regulations on the basis of which the surplus value tax was calculated and charged.
In this site you may find information on your rights and on how we can assist you to get refunded by the Kingdom of Spain with all taxes that you should not have been charged with. We strongly advice you to consult your case with us on how much money you can be refunded with. Our first consultation is free of charge.
for initial consultation and document review.
in getting full surplus tax refund for over 200 clients
in the legal representation of your case with professionality and accesibility
The Spanish authorities cannot charge you with additional taxes.
99.99% of cases won.
Success fee based legal engagement.
Let us know the basic information on your case. We will revert swiftly.
We sign the proposal.
We engage on your behalf in conducting all legal actions to get your tax refund
You recover all surplus taxes paid, plus interest.
Pin & del Pino Attorneys at Law and Tax Advisory SLP provides legal services within the entire Spanish territory. We are specialists in corporate and tax advisory.
We specialize in representing our clients in their claims against the Spanish Tax Administration. We have succeeded in hundreds of claims against the Tax Authorities for refund of undue or arguable tax charges. We believe that all taxpayers should be provided with simple and straightforward means to claim and be refunded with all taxes unduly paid.
Our clients continuously trust and support us due to the continued efforts of our lawyers for providing our clients with world-class, continuously updated, high-quality and value-added advice. We have recently succeeded in tax refunds for our clients in the aggregate of over 20 million euros.
Case 1: A married couple sell off their home 10 years after they purchased it. The Tax Authorities charge a surplus value tax of €15,000
Case 2: A company sells of their industrial facilities and warehouse due to moving their business to bigger facilities. The Tax authorities charge surplus value tax in the amount of €35,500.
Case 3: An individual inherited an apartment in Barcelona and the Tax Authorities charged €21,000 surplus value tax.
If you wish to know how much your refund can be, you may use the following calculator that provides immediate estimation of refund and interest
After the Spanish Constitutional Court recently ruled that Spain charged undue taxes to millions of taxpayers, we believe that the Tax Administration itself should have provided information and assistance services for simplified and straightforward claim and refund.
Since that did not happen (and is unlikely to happen) we believe a must being ourselves who make the process as easy as possible for you.
The Surplus Value Tax (Impuesto sobre el Incremento de Valor de Terrenos de Naturaleza Urbana) also reffered to as “Plusvalia” is a State regulated Tax, charged by the relevant municipal tax department of the city or region the relevant real estate belongs to. The tax is charged over any transfer of urban real estate, regardless of the transfer being a sale and purchase for a price, a gift or inheritance with no consideration or otherwise.
The Spanish Constitutional resolution of past October 26, 2021 ruled that the laws and regulations by which the Surplus Tax is calculated do not comply with the Spanish Constitution. Consequently, such laws and regulations have been expelled from the Spanish legal system when such laws and regulations entered initially into force and effect.
There are several courses of action available to claim refund. Our opinion is that, depending on certain particularities of each transaction and related tax payment, some courses of action should be taken, while others should be dismissed to optimize timing and legal costs.
Depending on the relevant choice of action, resolution and refund order should be obtained in some cases from the municipal tax authorities, and in other cases either from the Spanish Government Minister Council or the Spanish Supreme Court.
Any person or company that sold or transferred any real estate in Spain for a consideration. Also, any individual that acquired real estate in Spain for no consideration due to inheritance or donation.
Every company, and every individual that paid the relevant Surplus Value Tax, if in possession of the documents that prove payment, is likely to successfully claim, regardless of the time and other circumstances related to payment of the tax.
The documents required to start claim action are as follows:
Yes. The Constitutional Court resolution does not set any deadline or statute of limitations and where indirectly any of such deadlines or statutes of limitations may pretend to be construed based on the resolution language, we believe any such construction to be unconstitutional as well.
We do not know exactly. Based in our experience, we should expect to get refund in no more than 2 years since filing of claim
Along with the taxes unduly paid, late interest should apply (currently at a 3.75% rate). However, interest calculation periods may vary depending on the kind of action filed in each case.
Please fill in the following form and our lawyers will revert to you, free of charge, to inform you about your rights and the advisable claim procedure thereof.
Responsible for the data: Pin & Del Pino Abogados y Asesores Tributarios, S.L.P. Purpose of the data: Manage the request you make in this form. Data storage: Database hosted by siteground spain s.l Rights: At any time you can limit, recover and delete your information. For more information: Privacy Policy
Pin & delPino Attroneys at Law and Tax Advisory SLP provides legal services within the entire Spanish territory. We are specialists in corporate and tax advisory.
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