Who is responsible for IBI payment?

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Bongtrees
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Who is responsible for IBI payment?

Postby Bongtrees » Wed Sep 28, 2005 9:14 pm

IBI demands for payment from our Town Hall arrived early September with instructions to pay by 30Th September is this demand for rates for 2005-2006 or are they paid in arrears?

Reason for asking is I sold a house the last week of August 2005 I produced last years IBI receipt to the Notary.

Now the new owner is demanding I pay the next one as he has been told that the person who is in occupation on 1st Jan pays the IBI.
Why should I pay a whole years rates when I no longer own the house unless its in arrears of course.

All input gladly received as last day for payment before incuring the 20% fine is Friday.

Mike

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Postby Beachcomber » Wed Sep 28, 2005 10:44 pm

We usually pay in July for the current financial year.

It is true that the person who owns the property on the 1st January is legally responsible for the payment for the whole year.

However, in my experience it gets divided up pro rata ie if, for example, you sold at the end of April you would pay a third and the new owner two thirds.

jan400
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Postby jan400 » Thu Sep 29, 2005 8:42 am

I thought that these sort of debts were on the property not the owner so even if they are in arrears the new owner would still liable for them.

Isn't that one of the things their lawyer would have checked?

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Postby Beachcomber » Thu Sep 29, 2005 8:56 am

If the owner on the 1st January cannot be traced then it falls on the property but if he can be found he is made to pay.

I know of someone who sold in the February of one particular year, before the IBI receipts for that year were even issued. He moved, not just to another province, but to another region and when he came to sell that property he found there was an embargo on it for non-payment of IBI on the original property.

He had to pay the amount due with fines and surcharges before he could get the embargo removed.

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Postby MaggieMay » Thu Sep 29, 2005 9:00 am

Yes the debt stays with the property, but in a fair world you do it the way Beachcomber has explained.
On a property that I bought (in the month of May) the lawyer took that portion of the IBI from the seller for me at time of completion. (So I thought oh, efficient lawyer :) .
The next year I received a demand at the property addressed to the previous owner for IBI for the previous year . So not such an efficient lawyer :cry: I did go to the townhall, and no matter what you show them as proof of date of purchase, and receipts to show that you have paid your own bills, they are not interested. So in the end I paid his rates for that year.
I wear it well...........

Bongtrees
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Postby Bongtrees » Thu Sep 29, 2005 9:07 am

Beachcomber wrote:
I know of someone who sold in the February of one particular year, before the IBI receipts for that year were even issued. He moved, not just to another province, but to another region and when he came to sell that property he found there was an embargo on it for non-payment of IBI on the original property.
An interesting story which leaves me even more confused because how then can one say the debt stays with the property when in your friends case it followed him to his house in another region?

What would have happened if his purchaser had later wanted to sell the house again and his buyer discovered that previous IBI had not been paid?

Mike

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jpinks
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Re: Who is responsible for IBI payment?

Postby jpinks » Thu Sep 29, 2005 9:09 am

Bongtrees wrote:Now the new owner is demanding I pay the next one as he has been told that the person who is in occupation on 1st Jan pays the IBI.
He is correct. You should have retained that portion of the IBI due to be paid by the seller when you bought the property. It's probably a small amount anyway, so it might be easier and less expensive to just pay it, and learn the lesson.
Slainte,
JohnP.

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Postby MaggieMay » Thu Sep 29, 2005 9:12 am

My seller lived in England, don't know if that had any bearing.
But I would have thought that it would be hit and miss that the seller can be traced what with the various nationalities selling properties in Spain.
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jpinks
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Postby jpinks » Thu Sep 29, 2005 9:16 am

The debT stays with the property only as a last resort, if they can't trace the person. Going back to UK is no defence - they will trace you back there as well, now that teh EU has got inter-country agreements on such matters.
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Re: Who is responsible for IBI payment?

Postby Bongtrees » Thu Sep 29, 2005 9:31 am

jpinks wrote:
Bongtrees wrote:Now the new owner is demanding I pay the next one as he has been told that the person who is in occupation on 1st Jan pays the IBI.
He is correct. You should have retained that portion of the IBI due to be paid by the seller when you bought the property. It's probably a small amount anyway, so it might be easier and less expensive to just pay it, and learn the lesson.
No Its not a small amount and I am unsure as to why you would assume it was.

Ive just called the agent (Spanish) who in turn has convinced my buyer to split the IBI 50-50 and is going with him to the Town Hall now to pay it all and get my contribution from me later so thanks everyone for your input in particular Beachcomber for explaining it so clearly.

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jpinks
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Re: Who is responsible for IBI payment?

Postby jpinks » Thu Sep 29, 2005 9:50 am

Bongtrees wrote:No Its not a small amount and I am unsure as to why you would assume it was.
Sorry - I assume too much - just because mine is :(
Ive just called the agent (Spanish) who in turn has convinced my buyer to split the IBI 50-50 and is going with him to the Town Hall now to pay it all and get my contribution from me later so thanks everyone for your input in particular Beachcomber for explaining it so clearly.
Excellent news :)
Slainte,
JohnP.

jane grant

Postby jane grant » Fri Sep 30, 2005 9:25 am

When we bought our property 2.5 years ago, the previous owner turned up with the bill for IBI and carefully counted out the 19E - he owed for the two months of the year he had owned the property -the whole bill was for approx 120E which we consider a small amount! That was in the October, with the bill being due on the 4th Nov. Last year he also got the bill for this house (which the town hall said they would eventually get round to putting in our name), but payment was due in May. This year we are still waiting! I'm sure if Francisco had once again recieved the bill he would have brought it round (his son lives opposite us and we are on friendly terms), but any one any idea why the years IBI payment should be claimed in such a flexible way?

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Babby
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Postby Babby » Mon Oct 03, 2005 11:21 am

Jane, do you live anywhere near El Puntal urbanisation? some friends of ours live there and they have had a similar problem.
I used to be indecisive but now I´m not so sure.

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Postby Beachcomber » Mon Oct 03, 2005 11:39 am

The records of many Town Halls are in total disarray.

A friend has just received a notification that the building taking place on his plot of land is to be ceased forthwith under the threat of payment of a heavy fine and demolition of the building.

The plot of land in question is completely devoid of any construction of any type. In fact, it is completely bare apart from a few weeds. Image

jane grant

Postby jane grant » Tue Oct 04, 2005 7:58 am

Babby
yes, it's about 3km away from us.

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Babby
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Postby Babby » Tue Oct 04, 2005 10:00 am

Jane, the houses in El Puntal urbanisation actually lie on the border of Casariche and Estepa and our friends have been informed that the houses on this urb belong to town hall of Estepa. Our friends bought their house 18 months ago and spent a lot of money getting it how they wanted - it really is a lovely place, like a dream house. They have just discovered that the house is in fact illegal, as all the houses on that El Puntal urbanisation are. They have paperwork for the LAND only. We got a bit suspicious when they said they didn´t get their post delivered or their rubbish collected and apparently they have a communal cess pit (all of which the were not told when they bought the house).

Another case of using the lawyer recommended by the estate agent, someone called Antonio in Mollina I believe, who has left lots of questions unanswered and our friends are quite unhappy with him (he is not cheap either).

If you want a private chat PM me.

Babby.
I used to be indecisive but now I´m not so sure.


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