The date has arrived. From this week, affected by land clauses can approach your bank to find out how much it intends to re-organization of the money they charge for this concept. The successive Supreme Court rulings, the European justice and the mechanism driven by the Spanish government have led to automate what until now was exclusively through the courts. Banks have had to do their homework and support in cases where the clause was abusive, they should make an offer. These are basic questions that should pay attention to the customers.
Firstly, expect the supply of bank
Even if you ignore those customers who have land clause can go to your office and ask it to the bank. The data are computerized and the company must respond to this and whether any compensation offered to the customer. To find out if this amount is fair, Carmen Jover, professor at the Barcelona School of Maagement UPF, it is recommended to have consulted some of the simulators that can be found online. A theoretical example: a $ 100,000 mortgage for 25 years, signed in 2008 with a floor of 5%, the customer has paid more than 7,200 euros, not including capital and amortized over the amount paid in installments. If the customer agrees, the company has three months to pay.
When there is no agreement, negotiated or judicial
If the bank considers that a case is correct and that the clause was correct because the customer was well informed may refuse to make any concrete offer. You may also provide a number that the customer deems insufficient. In this scenario, a scenario Jover recommended to open negotiations or go to court. The discrepancies, however, looks unlikely: "The calculation of each other should be quite similar." In this phase experts recommend that it affected seek help from lawyers or accountants.
Attention taxation of money recovered
Jover emphasizes the aspect of the tax return. If at the time the client was deduced that paid for the land clause as an expense in the case of rental or economic activity has regularized. "We must be careful, because the Treasury has all the information," says Jover. In some cases necessary to make an additional statement of income of years where they pay and deduct clauses earth; in others, it is sufficient to include this income in 2017. This should be done without penalties and Jover recommended it with a tax advisor.
Banks want to avoid paying cash
Entities such as Banco Sabadell, which opened on Monday since the procedure with little influx of customers in offices, have made public to avoid looking back in cash. This would, for example, to deduct the money on a mortgage or other loans. The decision has an explanation accounting: if the bank returns an amount in cash that money consuming provisions which affect the results of the banks, but they certainly do not. The calculation of the Bank of Spain was in total institutions should return a maximum of 4,200 million euros.