The new decision of the Consitutional Court where they declared that when you have a lost in the sale you are not liable to pay this tax.

The plusvalia is a local Tonw Hall tax is produced by the transfer of a property to another person. The one who has to pay would be the vendor in case of a sale or the one who receives the real estate in case of an inheritance or donation.

The question now is that in the meantime that the administration changes the law, what should we do if we sell a property with a lost and the Town Hall gives you a payment slip where you have to pay an amount of money as plusvalía tax.

Many people think that because of the decision of the Court, you do not have to pay the plusvalía tax if you have a lost. Watch out with it as this is not correct and if you do not pay it, you are breaching the tax law and committing a tax infraction that can be punish with a fine.

So what you have to do is:

a.- The first thing you will need to do is to ask to the Town Hall for a delay in the payment. If they approved to give you more time to pay it, just hope that during this new period of time the administration changes the regulation so when it come the time to pay there is no more obligation to it.

b.- If the Town Hall does not agree in giving a delay in the payment, you have no other choice than pay it. In this case, once the administration changes the law, you will need to claim back the money that you have paid for that tax.

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