9196 non resident CGT reclaim

[url=http://www.spanishtaxreclaim.co.uk/index.html]Spanish Property Tax Reclaim - Capital Gains Tax – SpanishTaxReclaim.co.uk[/url]
thought this may benefit some here who've previously had houses in Spain ... there are potentially large reclaims to be had if you act quickly.

More relevant to this forum (and assuming the Spanish Govt. loses if/when this goes up to the ECJ) I also thought it may set a very interresting precedent - considering the many & various ways in which Italy penalises non-resident EU citizens.

Category
Legal

If you paid the Spanish CGT and claimed a home country offset do you end up with a liabilty if you claim the rebate? Also if your local country taxes at higher then 15% do you end up with a tax on the difference?

[quote=NickZ;86558]If you paid the Spanish CGT and claimed a home country offset do you end up with a liabilty if you claim the rebate? Also if your local country taxes at higher then 15% do you end up with a tax on the difference?[/quote]
I'd say potentially yes on both counts, unless you're clever/lucky/rich - but as usual its a can of worms. At worst, you could aways argue that the refund is a separate "gain", physically received in a separate year & therefore eligibe for offset by your anual CGT allowance for the yearin which you get the refund..

I'm no great fan of lawyers, but I wonder if the law firm offering the no-win no-fee would really be cynical enough to take 35% of all CGT refunds from Spain ... in the knowledge that their clients will be subject to additional CGT demands from the UK on their remaining 65% refund. (that would be quite legal, but a PR disaster so they'd better clear enough to retire to somewhere far away...)

Anyway, leaving the nefarious area of international tax regulations aside, my point is that, if the EU decides that differing CGT rates is unfair in Spain, I see no reason why it shouldn't also consider differing rates for ICI, rifuti, utilities etc. to be unfair in Italy?

The Italian rates apply to Italians to. It's the second house that causes the problem.

Ah ... never realised that, I assumed that I was being victimised for being a straniero but it makes some sense now I think about it. I leave here poorer but wiser, come sempre