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Suma - Capital Gains Tax

PostPosted: Wed Nov 30, 2022 2:10 pm
by wes1977
My father passed away in Spain in October 2017 and we inherited his property out there. At the time we went through a Spanish Solicitor to sort everything and we paid all taxes due at the time.
In August 2019 we received a bill from SUMA relating to Capital Gains Tax requesting us to pay. I spoke to the solicitor out there to ask their advice and they told me that at the time of my dads death this tax was suspended but now they have brought it back and they have backdated it to everyone who died from Oct 2017 onwards and I will have to pay it.

I have not paid it as I do not have the money to pay and I think it is unfair that we should be made to pay this when it has been presented to us 2 years down the line. It is now 5 years since my dads passing and I am still being chased.

I cannot sell or even access the property out there as my dads partner still lives in it until such time she does not want to which was my dads wish in his will.

Where do I stand with this and what will happen if I do not pay. Could my credit be affected in the UK?

Is there anyone else on here that has experienced this?
I have to say the whole process in Spain when someone dies is horrendous.

Re: Suma - Capital Gains Tax

PostPosted: Wed Nov 30, 2022 2:17 pm
by Chrisdee
Yes it's a nightmare, worse for you not living here. My mum died 18 months ago and Ive paid out a fortune so far and still got the capital gains tax to pay yet, got to go all through it again when dad pops his clogs.

Re: Suma - Capital Gains Tax

PostPosted: Wed Nov 30, 2022 2:30 pm
by wes1977
Yes we paid a fortune at the time. We did everything properly and above board. My solicitor didn't even advise us about this tax or that it could potentially crop up.
We were not left any additional money apart from the property (which isn't ours really until my dad's partner decides) so what we did have to pay was hard enough to find.
I absolutely don't want to pay this and would be interested to know if anyone else has been through this and what the outcome was as I cant be the only one. My sister is more nervous than me and she is very worried it will affect her over in the UK.
I am digging my heals in and prepared to let whatever happens, happen until such time we can get rid of it and cut all ties with the country!

Re: Suma - Capital Gains Tax

PostPosted: Wed Nov 30, 2022 5:14 pm
by Kaz123
Are you meaning succession tax as this is the same as inheritance tax? Did you have to pay 45%?
I have got the same problem as my mum passed away in September in UK & I have to pay in Spain by March for a UK inheritance.

Re: Suma - Capital Gains Tax

PostPosted: Wed Nov 30, 2022 6:10 pm
by wes1977
Paid inheritance tax at the time.
What I am being asked for now and what is being specified in the letter is Capital Gains Tax

Re: Suma - Capital Gains Tax

PostPosted: Wed Nov 30, 2022 6:17 pm
by Chrisdee
That's correct,
wes1977 wrote:Paid inheritance tax at the time.
What I am being asked for now and what is being specified in the letter is Capital Gains Tax

Re: Suma - Capital Gains Tax

PostPosted: Wed Nov 30, 2022 6:59 pm
by Kaz123
So did you pay succession tax first then have another bill for capital gains tax?

Re: Suma - Capital Gains Tax

PostPosted: Wed Nov 30, 2022 7:03 pm
by wes1977
Yes that came 2 years later after everything was settled, or so I thought

Re: Suma - Capital Gains Tax

PostPosted: Wed Nov 30, 2022 11:18 pm
by Kaz123
wes1977 wrote:Yes that came 2 years later after everything was settled, or so I thought

Did you have to pay 45% at first?

Re: Suma - Capital Gains Tax

PostPosted: Thu Dec 01, 2022 12:06 am
by wes1977
Long time ago but no I don’t think it was that much