By sentence of the Superior Court of Justice of the Valencian Community, dd. 4th February 2009, an appeal was estimated wherein the 35 % discriminatory capital gains tax imposed on the profit obtained from a property sale by NON RESIDENTS was equalled to 15/18 % charged to tax residents.
As consequence from this precedent, there could be differences in tax to be reclaimed due to the retentions (5 %) made on property sales during the years 2004 (prescribed) and 2006.
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