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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6139
Experience:  Spanish Attorney
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I have property (a flat) in Spain but only usew it for 2 to

Resolved Question:

I have property (a flat) in Spain but only usew it for 2 to 3 weeks a year. Do I need to pay Spanish tax as my Spanish solicitor suggests?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Almerimar
Assistant: Has anything been filed or reported?
Customer: Yes, I have been paying it every year for the last 7 years.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: The solicitor fee is higher than the actual tax.
Submitted: 1 month ago.
Category: Spain Law
Expert:  José M. replied 1 month ago.

Hi, José M spanish atorney. Your solicitor is right as the last spanish law says that an owner of a real state `propiety must declare his word wide income and pay taxes in Spain if it is the case

Endeed you do not have to pay, you have to declare and taxes `pay in your country are deductible from the taxes due to pay here

So, ask to make the tax declaration and study the way how to avoid to pay

Customer: replied 1 month ago.
Where do I get a tax declaration? Can I download it ? I am retired and do not pay any taxes but my husband is still working and our Spanish property is in both names.
Expert:  José M. replied 1 month ago.

You could use the oficial web Even you got an english version

http://www.agenciatributaria.es/AEAT.internet/en_gb/Inicio/Ayuda/_comp_Consultas_informaticas/Categorias/Presentacion_de_declaraciones/Renta/Renta_WEB/Renta_WEB.shtml

Both of you could make the declaration jontly or separatly depending on how to pay less

Law allws you to do in both ways

The best will be to get a solicitor to make it

Please to rate positively my service, you did it negatively but I am doing my best to help you

Thank you

Customer: replied 1 month ago.
Thank you for the website address.
We have a heavy mortgage repayments on our property for the next 20 years and I do not understand why we have to pay income tax on something which does not bring any income. Why do you need to pay tax on a loss of income?
Expert:  José M. replied 1 month ago.

Well, as I told you, law says you must declare incomes. Declare does not mean you must pay. You could declare even you lose money and you will be done hwt you have to do

Expenses are tax deductible from the total sum due to pay

The real thing is that according the law you havce to declare your incomes, and you have to chack if you have to pay or not

Even they have no ways to probe if you are telling the truth or not

Check the best way to declare witout having to pay and thats will be all. As example telling that only you have incomes from your pension and they have no wys to know about your wifes incomes

Customer: replied 1 month ago.
Dear *****, what I do not understand is what to declare. Do I declare the expenses (there is no income) i.e. mortgage payments, service charges, electricity bills?
Do I declare my UK income on which I pay tax in the UK?
Expert:  José M. replied 1 month ago.

Declare means to say the tax office your incomes. Incomes are what you earn once you deduce some expenses that legaly you can rest. Taxes paid in UK are deductibles from the taxes due to pay in Spain

So, at the end of the way probably you just will have to declare and to pay nothing

But if you do not declare you could gat a fine. So make the tax declarartion, pay nothing and that will be ok

Expert:  José M. replied 1 month ago.

Please to rate positively my service Thank you

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