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Mensaje  Cristina Duart el Lun Abr 01, 2013 6:44 am


[b]The additional assessment of the transfer tax by purchasing resale properties, also called complementary transmissions, settlement proposals, parallel, check values, etc.. is applied by the Administration of each region, based on Article 57 of the Tax Code "Check Values".

The Administration can check the value of your home based on several criteria: rateable value multiplied by weightings, market comparison method, market studies conducted by the Administration, soil impact coefficients in case of land , etc.

Often are turning complementary based on assessed value multiplied by a coefficient that makes the Administration as localities and which are reviewed annually. These assessed values ​​are in most cases values ​​calculated in papers sometimes have nearly 10 years old (the deadline for cadastral revisions is 10 years). These cases, although some courts are giving perfectly valid, are folding and easy to win if you expose your arguments properly.

The steps to follow when a price proposal is drafting the letter of allegations and upon receipt of final settlement make a motion for reconsideration and / or administrative monetary claim before the Regional Administrative Economic Court (TEAR), all without cost or court fees, as it is administrative.

The chances of success of TEAR are very high if you exhibit consistent and reasonable arguments, as these "judges" are aware of the irrationality that applies in many cases the Administration.

The decision not to access the additional payment and initiate the long road of the claim will have a term of approximately one year, in which debt shall be suspended as long as no success TEAR is received, the administrative cost will be only default interest can easily calculate that about 5% by multiplying the amount claimed.

If your claim is not finally come to fruition can always exercise the reserve contradictory expert appraisal (TPC) through a Perito Administration and if your score is 10% or less of the Administration's assessment, it must take for good your taxable income, so you do not have to pay anything.

This brief summary is intended to reflect an outline of the steps to follow when the Directors believe that your real estate is worth more than that declared on the date of the chargeable calls you the difference of the same statutory interest money. A claim that in most cases well worth fighting for its cancellation, and not by the amount claimed is always a hard stick for our pockets, but also by the taxpayer feels pride at the prospect of getting rid of the sense of helplessness that has caused the Administration.

If you are a foreigner person in our country, if you don't speak spanish language and you need help about this matter, you can contact me by email and please attach your taxes document reclaim for study it and I'll send you a price for solve your problem quickly.

Remember: All administrative act is actionable.

Cristina Duart
Diplomada en Ciencias Empresariales por la Universidad de Oviedo
Asesora Fiscal - Colegiado 1572
Perito Judicial - Especialidades: Auditor/Interventor, Contabilidad, Fiscalidad Inmobiliaria, Gestor de la Propiedad Inmobiliaria, Valoración de Bienes Inmuebles
Aspejure - Colegiado 00451
Cristina Duart

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