What if I am about to pay it? What if I have already done it?


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This Tuesday,
the Constitutional Court struck a blow
when canceling one of the main municipal revenues: the capital gain on assets from purchases, inheritances and donations. The court, which communicated that its decision is not retroactive, considered certain articles of the Tax on the Increase in the Value of urban land invalid, which has caused a wave of calls for advice from many citizens who are mired in such a process.

With this scenario on the table, numerous doubts have arisen among those affected. So many, that the ‘reclamador.es’ platform ensures that calls have increased by 300%. «
What if I am about to pay the capital gain?
What if I already have? When will I be able to appeal? ”Are some of the questions received by the experts, which are resolved in this article.

I am in the process of inheriting or buying an apartment. Do I have to pay the capital gain?

The main question that is emerging is what will happen if they are already mired in a process of sale, donation or inheritance. The expert lawyer in Tax Law of ‘reclamador.es’, Carlos de la Sierra, explains that in these situations “no liquidation can be notified to the taxpayer”, since, “with the declaration of unconstitutionality, we find ourselves in the situation of not having a calculation method to pay the tax. ” That is to say: ongoing processes will not pay the capital gain.

I have already paid the capital gain on a sale, inheritance or donation. Can I get the money back?

It has happened to many citizens that they have recently had to pay the capital gain, having made the collection effective. In case you have recently paid the tax, «you will have to abide by the deadlines established for raise the appeal that corresponds “, says the tax expert. Of course, in the cases in which the urban terrain is transmitted from the declaration of unconstitutionality to the reform of the Local Finance Law, «taxpayers they will get rid of having to pay the tax, “says De la Sierra.

I live in a town, I have made the payment of the capital gain, but I want to claim. How do I do it?

The answer may vary depending on the municipality where you live. From the aforementioned platform, the expert points out that “it will depend on the tax management system that is established in the tax ordinance of the town hall in question.” De la Sierra explains that, if the system is settlement, the term is one month to file an appeal for reinstatement from the notification of the tax. On the contrary, if it is self-assessment, the term increases up to four years to request rectification and return of undue income.

Faced with the avalanche of requests for advice, what are the most common doubts?

The specialist in tax law ensures that the main unknowns that are arising for taxpayers is if your particular case “has already acquired firmness” and, therefore, “it is not feasible to appeal to the corresponding local administration”. They are also asking en masse “what will the new tax calculation be like?”
It is already underway by the Government.

From which communities are the most calls being made? In which is the capital gain greater?

De la Sierra assures that there is no classification “regarding the type of tax, since municipal tax ordinances are drawn up in accordance with the Local Finance Law and therefore are similar in most municipalities». However, the expert points out that with respect to their volume, large cities such as Madrid, Barcelona, ​​Malaga or Valencia are, “without a doubt, the ones that collect the most from this tax.”

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