Can she reclaim plus valia tax?

0
Q.

I have recently sold a small apartment. Despite selling at a considerable loss, the Mijas Town Hall informs me that I must pay €1,700 ‘plus valia’ tax. I believe that the Supreme Court in Madrid recently ruled the ‘plus valia’ illegal when there has been a clear loss of value. I am advised that it is not worth the trouble to oppose the town hall as I would have to pay all legal fees up front and the process could take several years. Is it possible to take a group action against Mijas Town Hall if I could involve some other vendors?

M W (Costa del Sol


A.
Yes, the Spanish Supreme Court first ruled the plus valia tax unconstitutional in the Basque Country and now has ruled against it for all of Spain. This is the good news. The bad news is that the law itself is still in place. This means you must pay the tax and then reclaim it from the town hall. You can start this rectification process without a lawyer. And, no, the class action suit has no advantage because each tax case must be handled separately.

Send your questions for David Searl through lawyers Ubeda-Retana & Associates in Fuengirola at [email protected], or call 952 667 090.

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