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Facultad de Derecho
Campus de Teatinos
29071 Málaga

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Recortes de Prensa

€944 million in expats tax refund entitlements in Spain, 23 | 11 | 2009 - Reportaje (Mathew Walters)

The Spanish tax authority has revealed that up to 90,000 UK expats who have made sales on their Spanish properties in the past year may now be entitled to thousands of pounds in tax refunds.

The news comes following a landmark ruling by The European Court of Justice (ECJ) which has declared that Spanish authorities had illegally charged Capital Gains Tax (CGT) by up to 133 per cent for non-Spanish residents in the period from 1997 till 2006.

During that time, native Spaniards were required to pay 15 per cent CGT on any profits whereas as Britons and other non-residents were forced to pay around 35 per cent. According to statistics, property sales since 1997 average around £13,000 in tax rebates which may end up costing the Spanish government around £283 million. Payouts will also be made available to homeowners who were paying the 15 per cent tax which equates to an average payback of around £7,000.

Other European nationals are watching on with keen interest as the new ruling may see them also able to claim tax refunds which eventually could amount to an estimated €944 million. The payout does not end there, as 6 per cent interest can also be claimed against the amount. Also of good news to expats is the fact that the euro has surged some 27% against the pound in the last two years, boosting potential payouts.

The law change resulted from a landmark court case dating back to 2007 where a couple from the UK took the Spanish government to court claiming that they were not within their rights to charge them any more than a Spanish national would pay.

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