The Municipal Capital Gain, that tax which supposedly taxed the increase in assets in the handing over of an urban property no longer does so according to the Constitutional Court. It is not that the tax itself has no meaning or legality, is that the Constitutional Court has ruled on the unconstitutionality of a series of articles that regulate the aforementioned tax and consequently have made it incalculable (until they are reformed articles).
In short, if you have paid the municipal capital gain in a period of less than 4 years and one month (purchase-sales) or 4 years and six months (inheritance), you can recover the amount paid in full.
It does not matter that you have sold with losses or gains. You can recover 100% of what you paid for the added value.
Who can claim the surplus value?
As we all know, Goodwill is the tax that is levied on the increase in value of the urban land revealed at the time of a transfer, whether by sale, inheritance or donation. Therefore, if you have sold a property losing money in the process, you can claim.
But the point is that even if you make a profit in the transaction you can claim goodwill. In many municipalities you may have been charged up to 35% more for an error in how to calculate the price of land.
So it does not matter that you have sold with losses or gains. You can recover the total of what was paid for the goodwill.
What are the deadlines to claim?
In the case of self-assessment, that is, if the tax has been paid voluntarily, the term is 4 years.
In the case of liquidation, if the payment was made by request of the City Hall where the property was handed over.
Who can I claim against?
A fundamental requirement to be able to claim is to have previously paid the tax. The claim of the municipal capital gain is made against the town council of the city.
Why trust Pagrean?
We offer you a free and non-binding appointment in our office in Plaza de la Marina, 1 (Málaga). Come and visit us and we will value your particular case.