E - BULLETIN #30 - OCTOBER 2009


THE LONGED FOR EU COURT'S SENTENCE



A lot has been heard about the discriminatory treatment between Spanish fiscal residents and non residents due to the capital gain tax rate. It is well known that for the previous years to 2.007 the capital gain obtained for the sale of Spanish property by a non resident was taxed at the rate of 35% whilst for Spanish residents it was 15%. Many of you are fighting against this unfair treatment, and now we have the pleasure to announce you that the European Court has condemned the Spanish Tax office to have treated the non Spanish resident in a different tax-way. This is a fantastic announcement as at last, we have obtained the favorable sentence (C-562/07) that we have been waiting for with so much patience. It is very recommendable for those who have not claimed yet, to check if they comply with the requirements to make a reclamation against the Tax office in order to receive the tax amount paid in excess. Do not forget that we are talking about a 20% plus interest for the passing years.

Feel free to contact us if this is your case and need assistance.

Tax Department
ASEC Group
uk200group international associates