Tax Refund CGT (form 212) Capital Gain Tax for non residents

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Tax Refund CGT (form 212) Capital Gain Tax for non residents

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Tax Refund CGT (form 212) Capital Gain Tax for non residents

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01-04-2008, 10:45 AM

spanishlawyer spanishlawyer is offline

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Join Date: Mar 2008

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Tax Refund CGT (form 212) Capital Gain Tax for non residents

If you sold your Spanish property between may 2004 and dec 2006 and you were in those days a non-resident you had to pay CGT AT 35% rate while a Spaniard only paid 15%.
For this reason our Government amends the Law in 2007 and reduced this percentage but you are entitled to claim the refund of this overpayment (20%) by virtue of the non-discrimination tax principle set forth in the UE treaties and because there are many cases ruled by our European Court of Justice (ECJ) in this issue.

Felix
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fljordan
Spanish Law Firm

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