When you sale your Property (or legally changed ownership thanks to a “Dacion en Pago” operation) 3% of the value is withheld because of the condition of being a non-resident according to the art.RD 5/2004 art.25 and art.14 RD 1775/2004. This is called 3% witholding which is a payment in advance of the Capital Gains.
According to Spanish law, Capital gains are considered to be income obtained in Spanish territory when they come from property assets in Spanish territory, and therefore it is compulsory to declare and pay the amount due here in Spain.
The used for is the 210 Form and the tax payer has got 4 months to declare it since the date of sale. There will be any problem if you settle it after this date but you submit it after 4 year since this date. Also there will be a small fine (75€) for the delay.
Well, If you haven´t got any Capital Gains or very small one, then you are entitled to claim that money back.
The taxable base is determined by the difference between the purchase and sale value.
But it is important to know what tax deductible expenses are to minor the possible Capital Gain.
The duration of this claim is usually between 6 and 12 months, depending on the office of the Tax agency to which the case belongs, but the taxpayers have a security of 100% that they will receive the amount retained, plus the delayed interest if the Tax Office takes more than 6 months to pay the tax rebate.
As we are collaborator of the Tax Authority thanks to the art.92 Ley General Tributaria 58/2003, we can assist you with all the necessary experience and knowledge of the Law to ensure you to get that money back.
