AGENCIA TRIBUTARIA

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Jk
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AGENCIA TRIBUTARIA

Postby Jk » Fri Mar 08, 2019 11:04 am

Has anyone else had a letter from the Agencia Tributaria in Malaga asking each overseas proprietor to make an appointment in Malaga but giving no details as to why they would want to interview the owner. Is this a new thing? I would be interested to know if anyone else has received this letter in the last week or two. I wonder if they are shaking the tree to see what comes down, eg. Non Resident tax?
After a long time ownership in Spain this is the first time we have received such a letter.
Any help please.

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Re: AGENCIA TRIBUTARIA

Postby Lavanda » Sat Mar 09, 2019 9:25 am

That sounds really strange and would take them years to interview all foreign property owners, no? Are you sure it's from the agencia and not a scam to have you out of the house on a certain day at a certain time so someone can burgle your house? Is there a number on the letter so you can ring them?

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costakid
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Re: AGENCIA TRIBUTARIA

Postby costakid » Sat Mar 09, 2019 9:45 am

Sid, any ideas on this one. You and Beach are the ones for legal stuff normally.

Free at Last
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Re: AGENCIA TRIBUTARIA

Postby Free at Last » Sat Mar 09, 2019 10:59 am

I don't know anyone who has received a letter asking them to make an appointment, but a neighbour did once bring me a letter to translate from the Agencia Tributaria, which said that their records showed that he had been the owner of a property in Spain since xxxxxxxx but they had no record of receiving either non-resident or resident tax returns during that period, and requesting him to contact them.

Have you checked the phone number on the letterhead is the same as the one on the AEAT website for the Málaga office?

Jk
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Re: AGENCIA TRIBUTARIA

Postby Jk » Sat Mar 09, 2019 11:26 am

Many thanks for the update and replies.
The letter looks genuine but had no telephone number attached. I asked one of our administration staff to try and find a number for the Agencia Tributaria which she did, and on phoning the number she gave none of my details but they insisted we make an appointment in Malaga which is unreasonable as we don't live near Malaga. By the way the letter came by ordinary post and was not registered. We have been in Spain for xxxxx years and as I said it is the first letter of this kind. My wife sent the letter to our lawyer to see what he thought and obviously unless he calls and the office talk to them we will never know. The worrying thing is the letter seems to say they had tried to write to us before but we didn't get any letter. It also looks like they are saying they wont correspond again which seems absolutely ridiculous. We feel trapped between a rock and a hard place because if we open the box the lawyer suspects they are looking for some kind of additional property tax. We have always paid what we have been asked for. If we don't deal with the letter how do they know we got it. And also we are worried about not dealing with it. I think it may cost quite a bit of money knowing the system. I really was interested to see if anyone else had had a similar letter and if so what they did about it. Thanks again.

Jk
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Re: AGENCIA TRIBUTARIA

Postby Jk » Sat Mar 09, 2019 11:29 am

Free at Last: Do you know what your neighbour did about the matter and did it conclude well. Thanks

El Cid
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Re: AGENCIA TRIBUTARIA

Postby El Cid » Sat Mar 09, 2019 11:36 am

costakid wrote:Sid, any ideas on this one. You and Beach are the ones for legal stuff normally.
Sorry - no. It sounds like a personal letter rather than a round robin.

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Re: AGENCIA TRIBUTARIA

Postby Beachcomber » Sat Mar 09, 2019 11:43 am

I would suggest that you get digital certificates so that you can track down any correspondence which they claim to have sent previously. You can access all historical communications and documentation not just what has been sent since the date of the digital certificate.

About a year ago a German friend received a similar letter although it was sent by recorded delivery and he did not receive it until about six months later when he next visited his property. It was rather more specific and stated that they did not consider him to be a non-resident and wanted details of a small pension he receives from the Australian government even though he had being submitting non-resident tax returns for several years and always retained his travel documents to prove that he did not spend more than 183 days in Spain. In fact, he only spends about eight weeks a year here.

My wife accompanied him to the tax office, explained why he had not responded at the time and they just stated that they had made a mistake and had since realised that he really was a non-resident. All that angst, expense and wasted time for nothing.

By the way, the only way they could possible have known that he receives a pension from Australia was that, a few weeks prior to the letter being sent, he had been discussing it with his German accountant by email whilst he had been in Spain so never put anything in an email that you do not want the Spanish authorities to know about.

Jk
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Re: AGENCIA TRIBUTARIA

Postby Jk » Sat Mar 09, 2019 12:15 pm

Edited copy of letter. As you can see there is no information. Out of date when we received the letter
Agencia Tributaria
www.agenciatributaria.es


Dado que la notificación de los actos administrativos no ha sido posible por causas no imputables a la Administración y en virtud de lo dispuesto en el artículo 112 de la Ley General Tributaria, se va a proceder a su citación ante los órganos de la Agencia Estatal de Administración Tributaria mediante publicación en el "Boletín Oficial del Estado" (www.boe.es), con el fin de que comparezca para ser notificado, en el plazo máximo de 15 días naturales, contados a partir del siguiente al de la fecha de publicación, en horario de nueve a catorce horas, de lunes a viernes.
Para ello podrá acudir en el plazo señalado, personalmente o por medio de representante, debiendo acreditar éste su representación en la oficina arriba indicada.
No obstante, si usted hubiera cambiado de domicilio fiscal podrá comparecer en las oficinas de la
Tributaflacorrespondientes a-su domicilio fiscal-parala-prácticazie¯ las notificaciones pendientes.
Si dispone de DNI electrónico o certificado de firma electrónica válido, o en el caso de personas físicas está dado de alta en Cl@ve-PlN, podrá acceder al contenido del acto pendiente de notificar en la sede electrónica de la Agencia Estatal de Administración Tributaria con los efectos propios de la notificación por comparecencia electrónica.
Si transcurrido el plazo señalado no hubiera comparecido, la notificación se entenderá producida a todos los efectos legales desde el día siguiente al del vencimiento del plazo indicado para comparecer.

No obstante, si desea recibir mas información podrá dirigirse a la Oficina Gestora de la Agencia Estatal de la Administración Tributaria donde se tramita el expediente.
App AEAT 21 de febrero de 2019.

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Re: AGENCIA TRIBUTARIA

Postby Beachcomber » Sat Mar 09, 2019 12:25 pm

Try putting your name and/or NIE into the BOE search engine. If you can find an entry referring to you it may give an indication of what they want to see you about:

https://www.boe.es/tablon_edictal_unico ... ciones.php

You do not need to fill in all the boxes.

Free at Last
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Re: AGENCIA TRIBUTARIA

Postby Free at Last » Sat Mar 09, 2019 1:38 pm

Jk wrote:Free at Last: Do you know what your neighbour did about the matter and did it conclude well. Thanks
I don't, sorry. Coincidentally he was in the process of selling the house when the letter arrived and as far as I know the sale went through and he left the country.

I hope you get the problem sorted out satisfactorily, I can understand it must be very worrying.

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Re: AGENCIA TRIBUTARIA

Postby katy » Sat Mar 09, 2019 5:09 pm

Strange as they have an office in Marbella, why don't you pop in there and ask for clarification?

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Re: AGENCIA TRIBUTARIA

Postby Free at Last » Sat Mar 09, 2019 5:20 pm

Some things are only dealt with at provincial level, though (and the provincial office is in Málaga). I know that when I wanted a Certificado de Residencia Fiscal en España (Convenio) to sort out double taxation relief, I requested one from the tax office in my home town (where I had previously obtained an ordinary certificate of fiscal residence when selling my house) but was told I would have to get it from Málaga as they could not deal with it there.

Jk
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Re: AGENCIA TRIBUTARIA

Postby Jk » Sun Mar 10, 2019 12:34 pm

Many thanks for all your replies. I tried the BOE.ES, no results for the period I looked thankfully!
I am going to visit my bank tomorrow to see what they say about it before going any further at this stage.
It is not right to receive a letter without any explanation or details.

Regards John.

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Re: AGENCIA TRIBUTARIA

Postby Beachcomber » Sun Mar 10, 2019 2:22 pm

Have you considered digital certificates as I suggested previously? It will not only help you now but also in the future so that you can deal with any notifications within the time frame for a discount both with AEAT and DGT.

It would also help you disprove their claim that they have already tried to contact you if they have not really done so.

Jk
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Re: AGENCIA TRIBUTARIA

Postby Jk » Sun Mar 10, 2019 5:51 pm

Hi Beachcomber, I have not tried to do the Digital certificate, to be honest I don't really know how to do this, any help would be appreciated.

Many thanks.

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Enrique
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Re: AGENCIA TRIBUTARIA

Postby Enrique » Sun Mar 10, 2019 6:23 pm

Hi jk,
Look in FAQ's...............for a start

http://andalucia.com/forums/viewtopic.php?f=42&t=27571
All my best learning experiences start with a problem I need to solve.

Jk
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Re: AGENCIA TRIBUTARIA

Postby Jk » Sun Mar 10, 2019 6:57 pm

Hi Enrique,

Many thanks fir the information, I will have a go tomorrow.

Regards JOHN.


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