Monday, 2 April 2012

Reader's question: What's this about a new 'cadastral evaluation'?

JIMENA (Via e-mail) First I new that I had a problem was when I tried to use my cash card at the bank and found that I had no funds available! Checked with the bank and found I had an embargo on my account placed by Junta Andalucía. Called into the tax office opposite the town hall and they checked on their computer and advised me that it was an unpaid tax bill for a property I had purchased 4 years earlier and included tax, administration charge and a fine, they printed of the information that was available to them and also gave me an office to contact in San Roque for more details. I then met up with the Notary who administered my original purchase complete with all my documents relating to the sale including the escitura, invoices and receipts from the notary and my NIE certificate and passport! The Notary phoned the tax office in San Roque and found out that Junta Andalucía had reviewed the Cadastral value of my property and set it at a significantly higher figure than the price I paid... (the house was a complete wreck... uninhabitable)! The tax bill was for the difference in the tax I had paid when I purchased the property and the "new" cadastral value. The Notary advised me that this is a common occurrence at the moment an not just limited to Jimena and ex pats!!
I will get some legal advice on my chances of getting the cadastral value reduced but from feedback from other affected individuals I think my chances are very slim. So something else to consider when you purchase a property in Andalucía!!!!
Questions for my solicitor.....
1/ How long after a purchase can they revalue and claim the tax difference? 
2/ How is the cadastral value calculated and why is it not done at the time of purchase?
3/ Why have I been fined?


Simon said...

I find this sort of thing very frustrating. If the Junta wanted him to pay more tax why didn't they simply write him a letter telling him that? Am I missing something?

Philip Heinzl said...

The Junta de Andalucia have made a mess up big time when they revalued properties in 2008. We found that they have entered all the details of each property incorrectly, and we are all paying contrabucioes for each others property. The Junta deny any wrong doing, as if anyone but themselves have access to their computers. So we have to sort their inept dumb a**ed mistakes yet again. The Contributions office were excellent and having updated the cadastral via their computers, but stated that Cadiz had to update their computer and that could take maybe 3 years. So we cannot pay the contrabuciones until they get their buts into gear and do some work....Your readers advice is as we have heard as is common practice to revalue the property due to renovation or as and when they deem it in their favour. If there is a possibility to get a refund or having the value restored to the original, then there is a lawyer in San Roque who has a good reputation at finding the loophole if it exists, but as with a lot of lawyers he comes at a price and he will give you a costing before he starts.