**RETENTION MONIES**

Hola! We are really hoping that somebody out there can assist us. We sold our property in Quesada early 2020. The sale went through ok, but we are still awaiting the 3% retention monies to be repaid. 4 Years later!!!!!

The law firm we used in Torrevieja have proved absolutely useless and we are starting to smell a scam! They don't answer calls and do nothing to try to obtain the monies owed. We have even contacted the property company who sold us the property and they told us that the matter lies with the council in Valencia, but they cannot provide us with any named contact or phone number.

I cannot express the frustration and stress that this is causing, to be owed a substantial sum of money that is ours and being paid. It smacks of fraud and borders theft!

We would be eternally grateful for any assistance (however small) or tips on what we can do. It is now becoming a matter of principle and we are prepared to 'fight' all the way.

For info, there are no outstanding monies owed on the property.

Thanking you in advance.

...to add to this we sold the property and relocated back to the UK.

Did you get a copy of the Modelo 211 from your solicitors as that has an important reference number on it which identifies the sale and retention of the 3%. There would also have been a Modelo 2010 lodged showing the sale. The AEAT (Tax Office) office you contact is the AEAT office in Alicante City they deal with the retention tax. I think it's the one at 20 Avenida de Aguilera, Alicante. Your NIE number will be able to trace you in any case. I would try and make an appointment with the tax office or get a fluent Spanish speaker to contact the office for you. Also what Bank details would the tax office have for you for the refund?

Bee

Thank you Bee. We have the Modelo 210 and will look into this. We don't have a translator though.

Doesn’t the property buyers conveyancer have something to do with the 3% retention?
We are in the process of selling our casa and will rely on our conveyancer to recover what’s left of the 3% if we have any problems. Also maybe hearsay, but I think the tax office pay the residual amount direct to your UK account.
In your case I would suggest you seek a UK based, Spanish speaking solicitor to investigate for you. (They do exist), try searching the forum on this site and good luck.

El Stevo for your own sake it is important to know the procedure the 3% retention tax follows. The buyer is obliged to retain 3% of the purchase price and submit it on Modelo 211 to Hacienda within one month of the sale. The seller must then submit Modelo 210 together with a copy of the Modelo 211 within 3 months of the sale claiming back the 3% or paying the balance of any monies due should the tax due on any profit obtained be greater than the 3% already submitted when all allowable deductions are applied. The seller advises Hacienda of the Bank A/c to lodge any refund due when submitting the 210. Most people would have their solicitor do all this for them but it doesn't always run so smoothly and there have been cases where queries have arisen from Hacienda and have not been responded to or documents haven't been submitted which have resulted in long delays getting your refund. This is where people who have not been paying their non resident taxes come unstuck. Hacienda will insist on the 4 previous years taxes being paid, with interest, before they will issue any refund of the 3% which is due.

Bee

Hi Atty,

We can help if you would like to have a chat with one of our fluent English-speaking Spanish bar-registered solicitors.

We have offices in Spain and the UK and Spanish and English speakers in both.

If you want to PM me with your name, contact number, and email address, I can get one of the legal team that deals with these matters to contact you, and further to that conversation you can then decide if you would like to engage us to represent you in this matter.

Kind regards

Paul

Thank you all for your responses. All very useful.