We have just received a notification with the final decree from SUMA office that says that they accept the claim made by a customer regarding his capital gains tax whose amount was over 3.000 euros.
This claim is more than legitimate (given the fact that in the title deeds one can see that the sale Price is inferior to the purchase Price; therefore the lack of benefit is crystal clear) and we are pleased to see that SUMA office – mainly pressured by the imposition of payment of the legal costs) has changed their minds.
That means great news for our clients, who are willing to have their money refunded in a shorter period of time rather than waiting for a final decision of the Court of Justice (as it is the case of many other Claims we are dealing with).
By the way, this refund will be transferred without any interests, on the contrary to what the court’s decision order, producing as a consequence a free funding at the expense of citizens.
The aforesaid situation seems really interesting for those People selling their houses in town like Torrevieja or Pilar de la Horadada, where, given an artificial increase in the cadastral value of the properties added to the increase in the annual taxes, has produced an overwhelming increase in the capital gains tax, making it confiscatory even though these type of taxes are not permitted by law.
What need to be clarified now is whether we can add the expenses derived from the conveyancing (notary fees, land Register, Stamp duty, etc) to the purchase Price, or whether we can apply the CPI to the purchase price (in cases when many years have passed between the purchase and the sale of the property).
We will keep you informed about the results of our latest Claims regarding capital gains tax.