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Italian_Lawyer
Italian_Lawyer, Other
Category: Italy Law
Satisfied Customers: 3
Experience:  I am an Italian qualified solicitor and I am available to answer your Italian law questions.
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I took a mortgage for an apartment in October 2005.Under the

Customer Question

I took a mortgage for an apartment in October 2005.Under the Italian law, first time buyers enjoy tax relief on the purchase of the house/property but they must live in the property for five years.If the property is sold before five years tenancy the tax waved at the time of purchase must be paid but until the five year period elapse.I was compelled to sell my property nine months to the end of the five year period.The tax payable was considered during the sale but I couldn't pay it because the five year grace hadn't elapsed.The notary public/solicitor who officiated the sale refused to give me the money set aside for the payment of the tax saying that she will be required by law to pay the tax in question at the expiry of the five year period if I am not found. We (my wife, the house agent and my self) protested but all to no avail. She gave me a certificate stating that she was going to deposit the money in a special account and that she will pay the tax when it is due. Last year i contacted her about the money and she replied that the tax office had still not contacted her but she will not release the money to until 18/03/2014.Upon my enquiry at the tax office recently I found out the the tax payable has attracted penalty and has doubled for non payment. At he tax office I was told that under the Italian law the notary public cannot pay tax on my behalf and that the tax office cannot contact her for compliance except that I expressly authorise her which I haven't.She (the notary public/solicitor) has refused to to pick/reply our calls.We emailed her last week informing her of the situation but she has refused to reply.I am determined to take every step to get her refund the money and also pay the penalties/interest accrued.Please advise me what to do.
Submitted: 2 years ago.
Category: Italy Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

Hi Nicola,

I will be happy to wait. Thank you.

 

Yaw XXXXXX

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Ok, I will be waiting . Thanks

Expert:  Nicola-mod replied 2 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Hello Nicola,

 

I am not able to continue at this time so please close my question now. I hope to receive a refund of the money paid. Thank you.

 

Yaw XXXXXXX

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