Wednesday, 17 February 2010

More about plusvalía- reply from Town Hall

********* email from the a member of the community to Mijas town Hall ********

Dear sirs,

I have bought a property off plan, and I accepted in the title deeds to pay the plusvalía of the vendor. It has now been notified and it is a big amount. I have been told that the Town Hall can not ask me to pay this money, and can only act against the developer. I am not afraid of the developer taking me to court as they owe me some money. But I don't want to be taken to court by the Town Hall. So, my question is.. can the Town Hall request me to pay the plusvalía of the developer?

Best regards.

Robin Jackson




************* reply from the Town Hall of Mijas****************


Dear Mr Jackson,

Just talked to my colleagues from the Plusvalia Tax Dept. They told me that the town hall claims the plusvalía from the promotor only, not from each individual owner... now, you mention that you accepted in your property deeds to take over the plusvalia charge, which means that then the promotor is liable towards the town hall and yourself towards the promotor. As such, it gets a legal matter that you better check with a lawyer so that he can advise you what would be the best to do.
However, please note that the town hall is claiming the monies from the promotor...

hope this information will be of help - best regards for now, Katja.

Katja Thirion
Departamento de Extranjeros
Foreign Residents Department
Residentenbüro

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