Home / Defence before the tax office / Tax lawyer in Sotogrande
Tax lawyer for taxpayers in San Roque and Sotogrande
If the Spanish Tax Agency (Agencia Tributaria, AEAT) has asked you to explain a home in Sotogrande, your residence or a sale, we defend you here. Office in La Línea de la Concepción; in person or by video call.
Lawyers and tax advisersResidents, non-residents and GibraltarOnline or in person
Tax lawyer in San Roque: who is claiming from you, and from where
A specialist at the firm sees you at a consultation, studies your matter and gives you a clear answer on the law that applies and the best solution. The service is personal, by appointment by video call or at our office, and the defence of your case is our priority.
Anyone who declares a property in Sotogrande or in the centre of San Roque pays tax to the Spanish Tax Agency for income tax or non-resident tax, and to the Junta de Andalucía for inheritance, gifts and property purchases. These are two different administrations, with different procedures and deadlines.
At state level, the resolution that organises the Tax Agency assigns San Roque, together with La Línea, Los Barrios and Algeciras, to the Algeciras office (Administración de Algeciras), within the Cádiz Delegation. There is also a Tax Agency office in the square of the San Roque town hall. You do not need to go to either: the letter is answered online and we file the document on your behalf.
We are a team of lawyers and tax advisers with experience of clients on both sides of the border. We give you legal and tax advice from the first document, with the process explained step by step.
What we need to get startedThe full letter with its date of receipt, the latest return for the tax concerned and the deed of the property, if there is one.
Defence before the tax office for owners in the area
We explain the process in the same order: filing of documents, analysis of the transaction and the role of each paper. This is the work of a firm devoted to tax defence, which tells you where your case stands whenever you ask.
Requests for information
We read what is being asked and why, and reply with just the right documents, without handing over more than needed.
Limited tax review (comprobación limitada)
We study the proposed assessment and file objections before it becomes final.
Tax audit
We represent you at the meetings, arrange the documents by year and review the audit report (acta) before it is signed.
Penalties
We check whether the file gives reasons for the fault attributed to you and whether the evidence holds up; we object or appeal.
Appeal for reconsideration and economic-administrative claim
We choose the route according to the act and warn you of the one-month deadline that runs from notification.
Valuations by the Junta
If you disagree with the value the Andalusian administration puts on your home in a purchase or an inheritance, we challenge it with a valuation report and market data.
Tax audits of non-residents with a home in Sotogrande
Most of the reviews we see in the area start from the same fact: a home in the name of someone who lives abroad and who never filed Form 210 (modelo 210). The tax office knows about the property from the cadastre and the Land Registry, and cross-checks that data against what was declared.
The points that usually come up:
- Imputed income on an empty house or one used by the owner, which is declared even if it is not let.
- Seasonal lets, which the platforms report to the tax office with name, property and amounts.
- The sale of the property: whoever buys from a non-resident must withhold 3 % of the price and pay it to the tax office (Form 211), and the seller can end up facing a claim if that withholding does not match the real gain.
- Assets and accounts abroad that a Spanish resident should have reported on Form 720 (modelo 720), whose penalty regime was reformed in 2022 after the ruling of the Court of Justice of the EU.
If there are already years that were not declared, we assess whether it is better to regularise on your own initiative or to wait and see what the Tax Agency claims. It is not the same in every case, and we study it with you before doing anything. →
British buyers and residents of Gibraltar
Many people bought in Sotogrande when the United Kingdom was a member state, and since 2021 their tax treatment has been that of any resident outside the European Union. The rate that applies changes, and so do the expenses that can be deducted, and that is where the disagreements with the tax office come from.
There is a second, more delicate front. Someone who says they live in Gibraltar but keeps a home, family or work in Spain may receive a letter treating them as a Spanish tax resident and claiming tax on everything they earned worldwide. That dispute is settled with evidence of where you really live, and we deal with it separately on our page on tax residence in Gibraltar. →
Notifications that do not reach you: the risk of living abroad
An owner who lives in London or Gibraltar does not collect the post from an empty house. If the notification is refused or not collected, the tax office can treat it as served, and the notice ends up published in the Official State Gazette (BOE). The deadlines run all the same, whether you are informed or not.
That is why, when defending non-resident companies and individuals, we start by checking when the notice was really served and how much time is left. Where possible, we appoint a representative and an address for notifications so that it does not happen again.
A home in a private estate in Sotogrande
The gate of a closed estate does not limit what the tax office can check. It looks at what is registered: owner, surface area, use and cadastral value, and compares it with what you filed. A pool or an extension not recorded on the cadastre, or a use different from the one declared, can lead to a regularisation.
We review the cadastral record, the community contract and the returns for the last four years, which is what the tax office can generally look at. That tells us where the weak points are before anyone asks.
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A typical case
A British couple with a house on an estate in Sotogrande let it in the summer. They receive a request: the Tax Agency has detected rentals and no Form 210 has been filed. Both live in the United Kingdom, although they spend a few months here.
The first thing is to fix the deadline and count how many days they spent in Spain each year, because that decides whether they pay tax as residents or non-residents. Then we gather contracts and invoices, prepare the reply and, if there is a proposed assessment, object on the expenses and on the rates applied.
Also online
You do not need to travel. We review the letter in a video call, you send us the documents by WhatsApp, you sign the power of representation with a digital certificate and the document is filed at the online office (sede electrónica). It works the same from Sotogrande, from Gibraltar or from another country.
If you prefer to talk face to face, we meet at our office in La Línea.
Common questions about a tax lawyer in Sotogrande
Your situation is not listed here? Send us the letter on WhatsApp and we will tell you which procedure it is and how many days you have left.
Do you have a Sotogrande or San Roque office?
No. Our office is in La Línea de la Concepción. We work with clients in the area by video call or in person in La Línea.
Which tax office covers San Roque?
In the Tax Agency’s territorial organisation, San Roque comes under the Algeciras office, in the Cádiz Delegation. The taxes of the Junta de Andalucía are managed by the Andalusian Tax Agency (ATRIAN). Almost everything is handled online, so there is no need to go to a counter.
Do you only handle paperwork?
No. We are lawyers and tax advisers, and we defend and regularise matters before the tax office. We do not do monthly bookkeeping or payroll.
What do I do if the tax office sent the letter to my home in Sotogrande and I am away?
Ask us to read it as soon as you see it and do not wait until you are back. If you send it to us by WhatsApp, we calculate the deadline from the date it was served.
How many years can the tax office review?
In general, four years, counted from the end of the period for filing the return, unless an action of its own has interrupted that count.
Can you appeal a penalty or an assessment?
Yes. We study the act, choose between an appeal for reconsideration and an economic-administrative claim and, if appropriate, take it to the courts.
Other services for the area
Have you received a tax office letter in Sotogrande?
Send us a photo by WhatsApp or tell us the case in the form. We will tell you what procedure it is and how much time is left.
Office in La Línea de la Concepción. We work with you online or in person.
C/ Cervantes 2, entreplanta, despacho 4 · 11300 La Línea de la Concepción
WhatsApp 652 948 572 · 956 174 981 · pablo@asesoriaserra.es