- Gender violence: A woman dies from the blows of her husband in Alcalá de Guadaíra
«Now he is paralyzed. We will have to wait for a loan to be requested, to collect the money, to which I do not know ... Because, as soon as I present the documentation, the Treasury will request payment of the tax . And they do not have the almost 5,000 euros they will have to pay (...) One of them charges a benefit of 430 euros and the other works part-time with a salary of 400 euros (...) If they still live in the address where the events occurred. They do not have access to other housing ».
The daughters of a woman who was murdered by her husband in 2015 in Alcalá de Guadaíra (Seville), cannot access a large part of the compensation that the person responsible for the death of her mother, that is, her own father, gives them You have to pay for these facts. And they don't do it because, as their lawyer, Sandra Márquez explains, at the moment they do it, the Treasury will demand the payment of those about 5,000 euros for the Patrimonial Transfer Tax .
« The judge set compensation of 100,000 euros for each . The convicted person receives a benefit of 1,400 euros, 120 euros are seized, which means 60 euros per month for each of the sisters, ”Márquez continues. Therefore, and "given the absolute lack of liquidity to face compensation," said the lawyer in the first document that she sent to the Andalusian Government in April and to which EL MUNDO had access, "it is articulated as a solution so that they can be compensated minimally, that the salary having been awarded to the husband is delivered on account of the compensation ».
This heritage, which includes 50% of the family home since the other 50% is already in the hands of the sisters after the death of their mother, has a joint value of around 60,000 euros. "But the paradox," explains Márquez, " is that if the payment is in cash, it is tax-free, but if it is a dation in payment of a debt, it is taxed " at a rate that, in this case, amounts to 8 % and would force payment of about 5,000 euros.
Tax sources consulted confirm that, in effect, these types of transmissions are taxed and that it is the communities that are responsible for demanding and collecting it. And for this reason, Márquez, in anticipation of the payment that would be required of the two sisters, contacted the Junta de Andalucía, but also with the General Directorate of Taxes and even with the Government.
«That victims of gender-based violence on an issue such as the one in which two daughters have lived through the death of their mother at the hands of their father, have to pay the tax administration the tax on property transfers in order to receive a minimum of compensation seems to contravene all the policy on gender violence that permeates our legislation, and may reach the circumstance of having to refuse the receipt of property, ”said the lawyer in her initial consultation.
But for now, all the responses that both sisters have received have gone in the same line: the tax must be paid and there is no bonus or exemption since the law stipulates it, they have exposed both the General Directorate of Taxes and the Board .
Faced with this situation, Márquez stresses that they ask for "a flexible interpretation of the norm", that it be ensured that the true nature is "the payment of compensation". "We have appealed to politicians and the Administration," so that, as they transferred by letter to the President of the Government, Pedro Sánchez, " no victim suffers in addition to his loss the tax consequences of events such as the one denounced ."
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