Help - Container in Customs, Tax question!
Posted: 26 August 2010 03:16 PM  
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Hello,

I am from the States, recently moved to Madrid.  I have a work and resident visa and have a NIE.  I have applied for my NIE card at the police station, rented a house, applied for a NIF, have my empadronamiento, etc…I shipped my houshold goods in a container, it was basically my whole house, ~$25K in furniture, kids stuff, etc…

I have a moving company that is working with a customs agent.  I was under the impression that my houshold goods would not be taxed, all are older than 6 months, no new items, no appliances, etc…However, my agent is telling me that I need to pay a 24% tax.  I have provided my agent and customs with 3 years of paystubs, 3 years of taxes, phone bills (all showing I was a long term resident of the USA), copia cumpulsadas of my passport, visa approval letter, NIF application, home lease, empadramiento, etc…

Initially they were claiming I owed the tax because I was missing documents.  Then everyday they would ask for a new document, I would provide, then the next day they would ask for another one.  Finally after they ran out of documents to ask for, they now say I owe the tax because I did not register for Spanish social security.  I work for a US company and the USA and Spain have a bi-lateral agreement that says I pay US social security becuase I am expecting to be in Spain less than 5 years.

I do not beleive I should have to pay a tax from what I have been told but maybe I am missing something?  Does anyone have experience shipping goods from the USA to Spain for a long term resident move?  Did you have to pay taxes?

Thanks in advance!

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Posted: 26 August 2010 06:50 PM   [ # 1 ]  
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After speaking with several agencies today including ministerio de trabajo y inmigracion, it seems like everyone in Spain agrees that I should not be charged taxes on my household goods. The only person that does not agree is the customs official in Valencia that refuses to release the shipment unless I pay. My immigration agent spoke with the customs official and basically said that he does not know the law, and has made his own interpretation of what he believes is the law. She said he was one of the most hard headed people she has ever dealt with. He is basing his interpretation on my visa approval letter issued by the ministerio de trabajo y inmigracion. When speaking with the ministerio de trabajo y inmigracion today, they agreed that he is incorrect but they refuse to call him to let him know that he is incorrect. We asked the customs agent if he would call the ministerio de trabajo y inmigracion to confirm the law, and he refuses to call. So you have the customs agent using language from a letter issued by the ministerio de trabajo y inmigracion to say that I owe taxes, and the ministerio de trabajo y inmigracion saying I don’t and that the customs agent is misinterpreting their letter and the law, but both parties refuse to speak to each other! At this point, I think the customs agent does not want to admit a mistake so it has turned into a battle of stubbornness rather than the law. Unfortunately, I am being charged a daily penalty by the shipping company until the goods are released so I am going to have to pay the 24% tax if I can’t resolve ASAP.

I have traveled extensively and understand the bureaucracy of customs but even my Spanish coworkers and Spanish agents can not believe what this guy is doing! Serinity now, Serinity now… 😊

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Posted: 15 November 2010 03:55 PM   [ # 2 ]  
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I can only offer you sympathy!
The big problem with Spanish bureaucracy (ok, ONE of the problems!) is that it?s all so complicated that nobody really knows the ACTUAL rules that apply so each official interprets things the way they decide and it can change from one person to the next and from day to day!
Unbelievable.
I grew up in Africa and I swear, despite inferior education and sometimes language barriers at times, they are much better than the Spanish when it comes to officialdom!!
Es una verguenza!
Hope it works out….make friends with somebody who knows this guy?s superior officer. The only way doors open here is by being somebody?s buddy, relative or slipping them a bribe…ho hum

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Posted: 15 November 2010 03:56 PM   [ # 3 ]  
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Oh, just an after thought….have you tried going through a local gestor to sort it out on your behalf?
Worth a try!

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