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José M.
José M., Attorney
Category: General
Satisfied Customers: 4872
Experience:  Spanish Attorney
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my COMMUNITY HAS BEEN CHARGED TAX ON A SAVINGS ACCOUNT. THE

Resolved Question:

my COMMUNITY HAS BEEN CHARGED TAX ON A SAVINGS ACCOUNT. THE FORMER NOT BEING TAXABLE MUST SURELY BE ABLE TO CLAIM A REFUND FROM THE TAX OFFICE.
fOR THE FUTURE IS IT NOT POSSIBLE TO REGISTER THE SAVINGS ACCOUNT FOR GROSS
PAYMENTS,

SENT BYXXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi

Attorney3044 :

I am an spanish attorney

Attorney3044 :

I am going to answer your question

Attorney3044 :

I think your are probably an scam victim

Attorney3044 :

Tell my about the tax your think are you paying and I will tell you if its an scam or not

Customer:

The tax dducted was the standard 20% which applies to all taxable personnel ie persons sbject to tax

Attorney3044 :

Who is suppose to pay ? The comunity ?

Customer:

A POOR RESPONSE--THE BANK HAS DEDUCTED THE TAX, SO THE COMMUNITY IS BEARING THE COST.

Attorney3044 :

Well sir

Attorney3044 :

I mean that the most customer asking for information about tax office in Spain are scamers

Attorney3044 :

In your case may be not

Attorney3044 :

Its regular that the bank take this money

Attorney3044 :

In order to get your money back you need to make the tax declaration next year

Attorney3044 :

And then the spanish tax office will give your money back

Attorney3044 :

Here you got how the tax office in spain weorks

Customer:

BY WHAT METHOD. TAX OFFICE REFERENCE APPLICATION /DOCUMENT--THERE MUST BE SOME SPECIFIC REFERENCE NUMBER.

Attorney3044 :

No sir

Attorney3044 :

The bank take this money from your account and give it to spanish tax office in your name

Attorney3044 :

No number provided

Attorney3044 :

In your taax declaration spanish tax office knows your data and give th

Attorney3044 :

give that money back if it is the legal case

Attorney3044 :

Thay it is how it works

Attorney3044 :

Now the bank take the money from your account because they are forced to do it

Attorney3044 :

Next year you could make the tax declaration in spain and get your money back

Customer:

NOT MUCH HELP--ANYONE KNOWS THE GENERAL PRINCIPLES.

Attorney3044 :

But That it is how the sistem works

Attorney3044 :

The bank is forced to do it how they have done

Attorney3044 :

Please to let me know if I could help you

Attorney3044 :

Thank you

Expert:  José M. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

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Customer: replied 1 year ago.

i KNOW WHERE THE SCAM IS. YOU HAVE FAILED TO


GIVE AN ANSWER BASED ON KNOWLEDGE. IT WOULD HAVE BEEN MORE HONEST TO JUST REFER TO THE TAX OFFICE

Expert:  José M. replied 1 year ago.

Hi Sir

If the bank has take your money its not an scam

They are forced to do it by Law

If they are not the bank who take your money let me know

When the bank pay to the comunity for the money they have in the bank, the bank its forced by law to take out 20 per cent of the profit to pay to spanish tax office in your name

The scamers do noy take money from your account, as ussual

I am sorry you considerer that my answer it not good enought

I will be here if neeeded.

Thank you

Customer: replied 1 year ago.

YOU HAVE CONFIRMED WHAT I WAS SURE WAS CORRECT,BUT WITH AN INEXPERIENCED COMMITTEE, AND FOR SOME REASON


AN ADMINISTRATOR RELUCTANT TO ACT, I WANTED TO CONFRONT THEM WITH DEFINITIVE ADVICE RE THE APPROACH TO THE TAX OFFICE EG A SPECIFIC FORM OR REFERNCE NUMBER WHICH MUST BE USED.I ASSUME THEY APPLY TO THE OFFICE IN THEIR


IMMEDIATE AREA.


YOU ALSO DID NOT CLARIFY IF THERE WAS FACILITY FOR THE COMMUNITY TO BE REGISTERED FOR PAYMENT WITHOUT TAX DEDUCTION. WE ARE ABLE TO DO THIS IN THE UK--YOU COMPLETE A REGISTRATION FORM WHICH BANK SENDS TO TAX OFFICE WHO CHECK THAT THIS IS IN ORDER.

Expert:  José M. replied 1 year ago.

Well Sir

 

The law (Orden EHA/3290/2008, de 6 de noviembre) allow to no resident persons to file the

forms 216 y 296 in order to declare they are no residents so the bank will no take the 20 per cent of the profits

 

Here you got all the information

 

http://www.agenciatributaria.es/AEAT.internet/en_gb/Modelos_formularios/modelo_216.shtml

 

 

 

 

Customer: replied 1 year ago.

TWO OUTSTANDING POINTS FOR REPLY


1. IS IT POSSIBLE FOR A NON TAXABLE BODY SUCH AS THE


COMMUNITY TO REGISTER FOR GROSS PAYMENTS--IE NO


TAX DEDUCTION: OR IS IT THE CASE BANK WILL ALWAYS


DEDUCT TAX, LEAVING THE FORMER TO APPLY FOR A REFUND?


 


2. ARE REFUND APPLICATIONS MADE TO A LOCAL TAX OFFICE, OR TO A SPECIALIST OFFICE FOR SUCH MATTERS.


 


3. YOU AGREE EVERY BANK MUST ISSUE A CERTIFICATE FOR THE TAX YEAR SHOWING GROSS INTEREST/TAX DEDUCTED/NET


INTEREST PAID.


 


Three questions, and with three answers we can conclude.


 


 

Expert:  José M. replied 1 year ago.

Hi

I think that the bank never its going to allow you not to charged your account with the taxes because the law forces them to do it

So, the answer for you its to ask them each year the accounts they have token from you account and make the tax declaration in order to get your money back

The taxes always are to be declarated to the AEAT spoanish tax oficce

http://www.agenciatributaria.es/AEAT.internet/en_gb/Inicio.shtml

Customer: replied 1 year ago.

You have not answered point 3.


What does AEAT stand for?

Expert:  José M. replied 1 year ago.

Hi

For sure, the bank always have to send and actually they send the certificate with the sums declared and retained

Thank you

Customer: replied 1 year ago.

YOU HAVE STILL NOT SAID WHAT "AEAT "STANDS FOR.YOU USED IT TO DESCRIBE--"AEAT SPANISH TAX OFFICE "

Expert:  José M. replied 1 year ago.
José M., Attorney
Category: Spain Law
Satisfied Customers: 4872
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

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