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PostPosted: February 8th, 2012, 4:42 pm 
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My sale was completed a couple of years ago and the title deed says it was to be "prima casa", hence 4% VAT was applicable. The builder demanded at the Notary i pay him all 10% as he already paid it to Inland Revenue on my behalf, otherwise he will not sell the property and keep my deposit. My solicitor said nothing and i paid the builder that day 6% (thats all i had on my that day) and before 18 months were up from the day of completion i transfered the rest of 10% to my lawyer asking him to pass them on to the builder. I recently got a letter from Inland Revenue saying that only 4% was paid, i still owe them 6% + a hefty fine with interest. Any suggestions as what i can do in this case? My lawyer is trying to speak to the builder for the last month about this, but i feel they were on it together.


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PostPosted: February 8th, 2012, 4:59 pm 
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Location: London
Hi Polina1809, that doesnt sound like good news.

Did you pay the notary the money and did he give you a receipt for it?
If the notary did not provide a receipt, did the builder?
Does the final deed of sale confirm what rate of VAT you paid?

I assume your lawyer was acting as your PoA and would imagine that as you gave him or her the balance at a later date to give to the builder, that they would be able to write to the tax authorities on your behalf and explain that you paid 10% in total and have the fine and interest revoked?

If they are unwilling to do this then you may have a more serious problem.


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PostPosted: February 8th, 2012, 5:41 pm 
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Hi Lavender,

my deed states that i have to pay 4%. it also reflects that i gave the builder x amount of money that day that covers VAT, water & electricity connection, but the actual amounts for each one of them are not mentioned. Since i was given the amount for water & electricity connection, the rest of x amount was only for VAT purposes, which was more than 4% due. The fact that the tax authorities might accept my lawyer's explanation and proof that the rest of the amount was sent to the builder, gives me hope. I shall try suggesting this to my lawyer. But the fact that he did not think of this himself indicates this might not work. Thank you for your input nevertheless.


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PostPosted: February 8th, 2012, 6:40 pm 
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Location: London
I'm surprised the notary did not change the final deed of sale when it was agreed that you should pay the 10% or the lawyer (if he had a PoA) did not insist, after all that's what they are there for, to look after your best interests.

I understand why you are disappointed, I think I would have expected the lawyer to have at the very least contacted the tax authorities on your behalf to inform them verbally of the situation so they dont think you are ignoring them especially with the Italian state being desperate to pull in any revenue they can to reduce the budget deficit.

But it may simply be the case that he or she wanted to check with the builder first and if they didnt get a response, then they would sort out the issue for you.

If you have a document which shows how much you paid for water and electricity leaving the remaining amount adding up to the 6% in VAT, then one would like to hope that you would be ok.

Have you checked to see whether there is any sort of time limit that you should pay or appeal the decision by because you might incur an additional fine.


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PostPosted: February 13th, 2012, 1:22 pm 
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Hi Lavender

my lawyer now says the builder will give me the 6% back so i can pay Inland Revenue myself together with the fine and interest on it. So why did he keep my money for nearly 2 years under no legal title, while i was made to beleive that he paid them to Inland Revenue. There is no way they can make me responsible for not paying Inland Revenue on time and expect me to foot the bill for their negligence. I am not having much luck in communication with both of them and feel an unexpected visit will be necessary.


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PostPosted: February 13th, 2012, 6:30 pm 
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Location: London
Hi Polina1809

If I were you, I would be concerned not so much with the fact that the builder kept your money for nearly 2 years but that by paying the tax authorities the 6% together with the fine and interest, that the “black mark” will go against your name rather than the builders.

Given your lawyer was present with you at the notary’s office and if it were me, I think I would instruct him or her to write formally to the builder and send him a copy of the notification you received asking him to make the appropriate arrangements with the tax office. (They may let him off with the fine and interest if it was an oversight and so he may save himself some money).

I would then ask him or her to send a copy of the letter to tax authorities on my behalf to explain the situation and ensure you are protected from any adverse consequences of the builders failure to pay the VAT in a timely manner.

To be on the safe side, I would ensure all communications are in writing and that you receive a copy of any letters sent on your behalf.


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PostPosted: February 22nd, 2012, 11:56 am 
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Hi Lavander

the latest on my case is that my lawyer has sent a letter to the builder asking him to present invoices for 10% VAT, which he would have had to issue if he paid it to the State. On completion date that s what the builder said he did. So once we get these invoices this would mean i have no liability, but the builder. I am just bemused that my lawyer passed these 10% to the builder back then from me without having any invoices to back this transaction up. Everything still looks shady to me.


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PostPosted: December 22nd, 2012, 4:15 pm 
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Location: London
Hi Polina1809,

Have you managed to resolve this situation yet? Needless to say I'm sure, but it is very important to ensure you have proper VAT receipts for all monies paid out in fees etc, if VAT is applicable.


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PostPosted: January 6th, 2013, 3:11 pm 
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hello Lavander

nothing been resolved still. I went to see him in October and he admitted that the builder took the money off him but since they were friends he never asked for a receipt. So now my solicitor says his reputation is damaged by this and he is going to claim for it from him professional indemnity insurance, which in return will allow me to settle my outstanding IVA. He promised and sweared to me that this is the way to go, in October. I have received nothing to date and he is completely ignoring my calls and letters. I do have a letter from him saying that he did receive the balance in his own account from me as well as letters he has written to Agenzia Entrata explaining my case. I have sent everything off to the crowd in UK, they ve posted a topic in Legal Issues section here on the forum, where they said they help people to get their deposits back and now hope they ll be able to help me. Thats where i am at, any suggestions you can help with?


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PostPosted: January 7th, 2013, 9:15 am 
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Joined: June 5th, 2007, 4:36 pm
Posts: 1105
Location: Italy
Polina, out of interest, how much was the interest and fine (as a percentage) in practice on your outstanding IVA amount?

I hope you manage to straighten this all out!

Dennis.


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PostPosted: January 7th, 2013, 11:46 am 
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Hi Denis

the last letter i received in April 2012 says:
mutuo erogato € 70,000.00 - 2% - € 1400
imposta determinat con aliquota ridotta - 0.25% - € 175
maggiore imposta dovuta € 1,225.00
interessi sulla maggiore imposta
dal 07-07-2009 - 18-04-2012 € 114.75

totale maggiore imposta sostitutiva e interessi € 1,339.74

i have no idea why they put € 70,000.00 as my property price is € 88,000.00 which was reflected in the 1st letter from them back in May 2011, where they also mentioned that my 6% of IVA still outstanding. But in the letter of April 2012 they did not even mention it. Its such a mess at this stage and my solicitor, i think you mite know him Massimo Pugliese from Tropea, is completely ignoring me after yet another time when he promises me to do something about it. Denis, do you know anyone you might know i can employ to deal with Massimo and the mess he created??? i would be very greateful. thank you.
Polina


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PostPosted: January 20th, 2013, 11:56 pm 
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Location: London
Hi Polina,

I'm assuming you would have to make a formal claim which the lawyer in question would then refer to his professional indemnity insurers. It seems you have taken steps in that direction.

I hope you get it resolved too and quickly because I'm sure it is very worrying for you.

Lavender


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PostPosted: January 21st, 2013, 10:19 am 
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Location: Italy
Hi Polina,

I must have overlooked your post earlier. I do know Massimo, he's a developer and lawyer in Tropea. Send me a PM and I will raise your issues with him.

Dennis.


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