Terms & Conditions to Withholding tax refund in Spain
SpanishTaxRefund.com (hereinafter STR) is a trading name for the services of SPANISHTAXREFUND, S.L. and its parent company UGARTEREBOLLO, S.L.
- Our Guarantee
STR guarantees that it will use its best endeavours to organize any due refund of income tax for people who have received income subject to withholding tax in Spain.
STR will organise the refund of the maximum amount possible based on the information and documentation provided by its customers and in line with the legal entitlements and obligations of the customer within Spain’s tax law.
Where there is a change in the applicable tax law in Spain, or in the interpretation or implementation of the rules and laws by the Spanish tax authorities, STR will meet its commitment to organize the refund to the degree allowed by the law. The decision of the exact value of any refund due or amount owed is the decision of the relevant Tax Authority, namely the Spanish Tax Agency.
STR will provide the refund as expediently as possible, subject to the provision of the necessary documents by the customers and the efficient processing of the refund application by the relevant tax office.
Exceptions to our tax refund responsibilities
STR is not responsible for the refund of tax where:
- The customer has provided information which is false, inaccurate, incorrect, insufficient or misleading in any way;
- The customer has already received a refund;
the customer has already applied for a refund, either directly or through another person, natural or legal;
- The customer owes money to the tax authority.
- The tax authority has different information on its system than that provided by the customer
- The tax authority information leads to a decision that the customer is not due a refund. Where there is a possible case for appeal within the law, such measures will be proposed by STR to the customer for his/her final decision.
- STR will endeavour to help the customer resolve these issues, provided it receives all necessary information and instruction from the customer.
- Power of Attorney
When the customer agrees with these terms and conditions he is providing a limited Power of Attorney permitting STR (and/or his employees or parent company UGARTEREBOLLO, S.L.) to organise his/her refunds, he/she is agreeing to pay the fee to STR for the organisation of the refund. If the customer has signed accepted this Power of Attorney authorising STR to organise his/her refunds, and has, with or without his or her knowledge, applied or authorised any other person, natural or legal, to organise the same refund, he/she will owe STR the fee for the organisation of a refund, notwithstanding that the customer has obtained a refund otherwise than with the assistance of STR.
- Accepting Spanish Tax Refund terms and conditions means:
- I understand that Spanishtaxrefund S.L. will utilise its parent company UGARTEREBOLLO, S.L. a Spanish tax law firm to gather information or get the job done.
- I have signed the necessary limited power of attorney(s) to authorise Spanishtaxrefund. S.L. or its parent company to prepare this tax return and represent me before the Spanish tax authorities.
- I authorise STR to receive all correspondence from the Spanish tax authorities on my behalf.
- I understand that a Residence Tax Certificate and bank statements may be required to substantiate any claim that I make.
- I understand that – given I don’t pay the fee in advance – STR will receive the money from the tax authorities and send it to me with STR fees directly offset.
- In the event that I receive the refund directly from any other source other than STR, I understand and agree that I will pay the fee due to STR for the work completed.
- In the event that I owe income tax for other tax years, and the Spanish tax authorities deduct this owed money from the refund due for other tax year(s), I understand and agree that I need to pay STR processing fee for each tax year for which a tax return was processed.
- I understand that the Spanish tax authorities will make the final decision on the value of any refund due. I understand that STR will provide the best estimation possible based on current tax law and information given, however this is estimation only, not a guarantee.
- I confirm that I have given STR all information needed and available to me. I commit to updating STR of any change in my contact details.
- I understand that STR will either submit my tax application(s) to the relevant tax office or prepare the tax return(s) and provide these to me, as soon as I have been informed of the refund amount and have sent all necessary documentation.
- I agree that in the event that I wish to cancel my application, I will contact STR immediately. I understand that while STR will make every effort to recall my application, if it has already been sent to the tax authorities, this may not be possible.
If the customer does not pay this fee, pursuant to the information above on a voluntary basis or on request from STR, STR reserves the right to:
- Take legal action to pursue the customer for the fee due.
- Publish the name of the customer as a Bad Debtor in the local newspaper, on the STR website (www.spanishtaxrefund.com) and other media if the fee has not been paid within the rational terms given.
- Report the customer as a Bad Debtor to the relevant financial institutions in the country of the customer.
Once authorised and registered as your tax agent with the relevant Tax Authority, all correspondence regarding your application must be handled directly by STR. Any measure taken by you, the customer, to make direct contact with the tax office without first consulting STR will be considered as a breach of contract and our relevant processing fee will still apply for all processing work completed by us during the application process.
By signing and completing our documentation or just filling in the forms and accepting these terms and conditions:
You understand that you will be contacted by STR after using any of the online tax calculator(s). You can opt out of receiving any further correspondence by emailing info@STR.
You understand that receipt of your completed documentation authorises STR to submit your application to the relevant tax office. Should you wish to cancel your application, you will contact STR immediately. You understand that while STR will make every effort to recall your application, this may not be possible.
All emails to the customer will be sent to the email address provided by the customer at registration. STR will expect that the customer will ensure there is sufficient space in his/her inbox to receive all emails and that the customer checks his/her email regularly – regularly being about three times a week.
- Other fees
For additional value-added services provided by STR to the customer, additional fees could be charged to cover associated administrative and management costs. Such additional services could include, but are not limited to, applying for a certificate of tax residency in the Country of residence where relevant, amendment preparation for previous returns, and certain payment options. For information about the fee for the additional services rendered for an individual case, the customer should email info@STR. STR will provide information of the fee applicable per customer case.
- Refund Issuance
STR will send the refund to the customer as agreed per communication with the customer (preferably by wire transfer to a bank account). We do not accept payments to tax havens.
Depending on the tax being refunded, the usual method is by bank transfer. Tax refunds received by bank transfer can be transferred to the customers account in any currency they choose.
Where STR receives the money from the tax office, it will deduct its fee, plus necessary tax, from the amount sent to the customer.
Some refund entitlements of the customer are not issued by the Tax Authorities in the form of a cheque, for example they are reimbursed by decreasing the tax liabilities or other financial liabilities of the client. Where such refund entitlements are organized by STR, the total financial benefit to the customer arising from the work of STR will be used as the basis for the estimation of the fee due.
- STR Estimator
The STR estimator is an estimation tool only. It should be used solely for the purpose that it is intended. All estimations provided by the STR online estimators are an indicator of what the customer may be entitled to based on the information inputted by the customer. Final amounts due to the customer will depend upon the information and data on actual documents submitted, the information made available and the decision of the Tax Office.
- Amendments to Terms and Conditions
From time to time, STR may amend or add to these Terms and Conditions should the need arise. Such changes will be posted on the web-site terms and conditions.
The submission of a registration to STR by web, post, hand, fax, or email, constitutes agreement to these Terms & Conditions, including amendments thereto, by the customer.
- Confidentiality and Data Handling
STR ensures that all client information is held as private and confidential. Information collected in writing and/or verbally for tax return filing services can and may be used for internal auditing purposes by STR and provided to the relevant Tax Office for external auditing purposes.
All documents sent to us are handled according to our document management system which is covered by the scope of STR’s data policy. This system has been designed in order to reduce the volume of paper we receive while ensuring the highest standards of confidentiality and compliance are upheld.
- Limitation of Liability
STR nor any related party shall be liable to User or any other person for any indirect, incidental, consequential, special, punitive or exemplary damages for any matter arising from or relating to this agreement.
To the maximum extent permitted by applicable law, neither STR’s nor any of its affiliates or subsidiaries’ total liability for direct damages exceed the total purchase and/or fees paid, if any, by User to STR hereunder.
STR will not audit or otherwise verify any information User provides, and is not responsible for disallowed deductions, or the inclusion of additional unreported income or resulting taxes, penalties or interest. Except for the reimbursement for calculation errors described herein, the entire cumulative liability of STR and its suppliers for any reason arising from or relating to this agreement shall be limited to the fees.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
This Agreement shall be treated as though it were executed and were to be performed in Madrid, Spain and will be governed by and construed in accordance with the laws of Spain, without regard to conflict of laws principles.
- Timely Assertion of Claims
No claim arising under this Agreement may be brought by User more than one (1) year after the cause of action has accrued.