It seems that the 1,500 property owners in the urbanisation Roda Golf & Beach Resort have been paying more than required in community charges for the maintenance of the site, after the Tax Agency Hacienda incorrectly charged them VAT.
A ruling made by the Superior Court of Justice has ruled that taxes are not applicable on the cost of maintaining municipally owned public goods, such as the maintenance of gardens, lighting, security, waste collection, pest control and bus services.
According to the lawyer Isaac Abad, of the Abad Asociados office, the judgement, a first in Spain, now requires the Treasury to return the 100,650.51 euros to the owners for the overpayment of VAT over the last four years.
The case was first in 2013, so the urbanisation filed the claim with the courts, which have now recognised the right of the owners of Roda Golf to recover part of what they overpaid. The ruling may not be appealed.
