The Sharks Exposed - New Costa del Sol Action Group

Illegal Capital Gains Tax Payments
In 2007, Costa l Álvarez l Manglano
Lawyers and Tax Specialists initiated a legal
action (without precedent) to reclaim from
the Spanish Government part of the Capital
Gains Tax paid by EU citizens on the sale of
their property in Spain. Non residents were
charged 35%; Spanish residents only 15% (It
should be noted that Discrimination forbidden
by EU Treaty).
Costa l Álvarez l Manglano has recently
obtained a final judgment from a Spanish
High Court ordering Spanish Tax Authorities
to refund overcharged Capital Gains Tax.
The Court accepted all the legal arguments.
By obtaining this judgment, Costa l Álvarez
l Manglano sets a legal precedent for
thousands of EU citizens to reclaim overpaid
tax.
If you sold a Spanish property between mid-
2004 and 31st December 2006 and paid
Capital Gains Tax (CGT) at 35 %, you can
reclaim. Due to legal time limits, do not
take the risk of your case expiring.
It is crucial to be represented by an
International Tax Expert Lawyer. In Spain,
28 www.costa-action.co.uk
only 1 out of 3 (approx.) tax advisors are
lawyers who are allowed to legally represent
clients in Courts. Very few lawyers are tax
specialists.
Not all tax specialist / lawyers are specialized
in International and European Community
laws, most are only aware of domestic
laws. To reclaim your refund you must be
represented to present in court international
legal arguments.
We now anticipate the Spanish Tax Authorities
will employ legal tactics to make future claims
difficult and to delay payments. As we have
built the case from scratch, Costa, Alvarez,
Manglano are fully prepared to defend and
overrule such tactics.
As a result, it is crucial to employ the
services of a lawyer suitably specialized and
experienced. Wrong advice could ruin your
chance of a successful reimbursement.
If you wish, ask your lawyer/tax adviser to
contact us we will work with them.
Some of our clients expressed fears about
possible consequences resulting from
presenting this reclaim.
YOUR INVESTMENT CONTRACTS
Financial Advisors will ask you to read and sign English documentation.
We recommend you insist all documents are in
English and Spanish as required by law.
In the event of any dispute
Spanish documentation is the only accepted language in Spain.
These can be very costly to have translated.