Do you pay tax when you sell your house in Spain?

My wife and I have been tax
My wife and I have been tax resident in Spain for over three years and have sold our UK property in 2017. We are both over 65 years of age. Are we exempt capital gains tax on the sale of our UK property that was our main home for 22 years before moving to Spain?

Will the CGT be the value of
Will the CGT be the value of my house in England when it ceased to be my domicile 10 years ago as opposed to the MUCH lower purchase price when I bought it.

I am selling my house in the
I am selling my house in the UK for £275000 with a mortgage outstanding of £35000 having bought it in 1996 for £62000, completion will probably be January 2019, we can see that in the UK there is no CGT but as are planning on moving to Spain next year we have been told that we will be liable for CGT there.
We are selling our main residence in the UK and buying our main residence there for around 208000 euros, as we will NOT be resident in Spain when we sell our house, we are moving AFTER it is sold we will not be resident for tax purposes or will we.
Please help

Hi. thanks for this info –
Hi. thanks for this info – very helpful
Just to be certain:
– If I sell my house in the UK, the only possible tax liability in Spain is on the capital gain? (it’s not yet certain whe all this will happen so I want to know my maximum liability)
– I can offset verifiable improvement costs against the gain? Is this a case of producing builders’ receipts?
– Am I right in thinking there is also a threshold of about 11,000 that can be set against it?
– I see the rate for non-residents is 19%. What would it be if I were resident and not in anyway exempt from CGT?

Many thanks

In the uk cgt is only payable
In the uk cgt is only payable on gains over £11.700, is there a figure that is non taxable in Spain please ?

Hi,
Hi,
Bought our UK house 35 years ago for £21,000. Would probably sell now for £180,000.
We rented out the house 3 years ago, moved to Spain and are now Spanish tax residents. How much CG tax would Spain want if we sold now?
Thanks

When calculating cgt on the
When calculating cgt on the sale of your property in Tenerife, can you consider the agents purchase and selling fees ?
Also having replaced all doors and windows, new kitchen, bathroom, and tiles throughout, can you consider these costs when calculating cgt taxes ?

Hello,
Hello,
My aunt has a second home in spain and lives there a few months of the year but is a tax payer in the uk where she is a resident. She is selling her spanish property and thought she would pay CGT in the uk on the profit but now isnt sure if its actually due in spain? Any advice?

If I am resident in Spain,
If I am resident in Spain, and sell a house I have owned in the UK for many years (inc. when it was my personal residence whilst in the UK), I understand that I have to pay some Spanish CGT (even though there is no CGT liability in the UK). But, is the Spanish CGT calculated on the increase on the property from when I became resident in Spain? (i.e. I presume I need a valuation on the date I became resident, rather than basing the gain on the original cost price when I was a UK resident).

If a Spanish resident and tax
If a Spanish resident and tax resident for more than 3 years and over 65 and you sell your house to return to uk do you have to purchase another property can you just return to uk with the money from your sale

Hi, I am completing on a
Hi, I am completing on a villa in Alicante at the end of June, I am selling my UK house but might not complete untill August, would it be best to wait untill January 2020 to become resident in Spain and just be non resident for the rest of this year and just stay for the 90 days to advoid Capital Gains Tax. Thank you

Hi, We are currently planning
Hi, We are currently planning on selling our family home this year in Ireland and moving to Spain. I saw in one of your earlier comments if we move in the same year that we sell our home we are liable for CGT. However in Ireland If you spend 280 days or more in Ireland over a period of two consecutive tax years, you will be regarded as resident for the second tax year ( which applies to us ). Does this supersede Spanish tax law to leave us with no liability as we will not be deemed tax resident? We are planning on moving in May to enrol our kids in school but if we need to ensure that we are not in the country for more than 183 days than we will have to move in mid July. I appreciate your help on this.
Many Thanks.

I don’t understand this very
I don’t understand this very well.
If I am a UK resident and selling my Spanish property for €125,000
Will I pay 19% tax or 3% tax?
How much will I have to pay?
I have not been a Spanish resident.

I am a resident in Spain for
I am a resident in Spain for more than a year, and I am selling a small property (Urban Land, no building on it; price is less than 50K Euros)) that I have had for more than 20 years in my country of birth, outside the EU, i.e. overseas; and I am paying taxes there (in my country of birth) for selling it. Do I have to pay a tax here in Spain?
Thanks for your help.

If I am resident in Spain and
If I am resident in Spain and sell a property back in UK that has no capital gain is there any tax to pay at all?

I sold my house in the uk
I sold my house in the uk before moving to spain intending to become resident but because of not being able to settle only stayed in our spanish villa for less than 6 months at a time over a 2 year period using it as a holiday home. When returning to the uk residing with my daughter. We have now sold in spain intending to re-invest the proceeds for our main residence in the uk. Are we liable for CGT.

Resident in Spain, with
Resident in Spain, with property here.

Property in UK that one day I may wish to sell.

Am I right in thinking the way to reduce the CGT would be to return, live in the property one year and then sell it there as first resident. Is that right?

Hello . I’ve received a
Hello . I’ve received a received a letter from HMRC Debt Collection agency relating to unpaid CGT for a house I sold in Spain in 2011. I am shocked by this because I have never received any form of notice from the Spanish authorities. I was 67 when I sold the Spanish house and then bought my home in the UK several months later.
Is there not a time limit to claim for CGT claims ? Any other information, I’ll be glad to provide.Thanks in adavance. Carl

I purchased property in Spain
I purchased property in Spain for 186,000 in 2009/10 I sold it in January 2018 for 115,000 and still have not received at tax refund. Any idea how much this will be and when may I be likely to receive it.

I bought my flat in Madrid in
I bought my flat in Madrid in July 2015 when I was resident there. I sold it in January this year and was told I had two years to pay the CGT on the property. As I am no longer resident there (I have since returned to the UK) I don’t have to do my declaración de la renta as usual but I’d like to know if I do have two years to pay it but also, if I buy a property in the UK, while we’re still a member of the EU, do I still have to pay it? And if so, who do I pay it to?

I am resident in spain and
I am resident in spain and have a property in the Uk that I bought 25 years ago so the gain on it is huge (about 400k). My principal home is now in spain. i want to raise 100k for deposits on property for my 2 children and one option is selling the UK property. I know that if I sell the UK property now I would have to pay CGT in the UK but as I am resident in spain, according to the new tax laws, I believe the UK CGT would be based on the value of the property in April 2015 which would mean CGT on about 60k. But with the dual tax laws am I right in thinking that the CGT due in Spain would be on the purchase price minus the sales price which would wipe out any benefit of the new CGT rules in the UK ie I’d still have to pay CGT on a profit of 400k or so but to spain instead?

We have property in the UK
We have property in the UK and are resident in spain. If we move back to the UK, for how long after our return to the UK are sales of UK property affected by spanish capital gains please? Ie, at which point can we sell a property and not be liable to declare the sale in spain /pay CGT in the UK only/not have to consider dual tax implications?

We have lived in Spain for 12
We have lived in Spain for 12 months and now considering selling our UK property which we rent out. We only purchased the property in 2012 and not sure if CGT is payable because we have only owned the property since that date.

If our property in England
If our property in England was purchased in 2012 and we decide to sell it are we liable for CGT in Spain as someone has told us we haven’t owned it long enough to pay CGT on it?

Hi, my wife and I sold our
Hi, my wife and I sold our apartment in Spain in March 2018. We are non residents. We have not yet received the 3% retention back 16 months later. Our solicitor has chased the tax office but to no avail. Is the tax office in Spain accountable to anyone? Is there a phone number or email address available for non Spanish speakers to raise queries? Any advice would be gratefully received.
Thank you

We are UK residents who have
We are UK residents who have just sold our primary and only UK property. We already own a small house in Spain which we plan to keep. We now want to buy a 2nd property in Spain.
Our aim is to move to spain and use the new property as our primary residence and become residents. Have I got it right that it would be best for us to wait until 2020 before becoming residents in Spain? Thanks for any advice

Who tells us how much capital
Who tells us how much capital gains tax we need to pay when we sell our garage space in Spain and how is it collected. We are non residents

Hi there
Hi there

3. CGT questions for you:

1. I own a UK property that has doubled in value since I bought it back in 2006. Am I correct in thinking that the calculation for Spanish CGT = sale price – (original price+improvements+outstanding mortgage)? The outstanding mortgage is important to know that this is factored in as I have quite a bit left to pay off that will be paid off with the sale albeit that there will still be CGT to pay due to increase.

2. I am currently renting here in Spain and looking to buy a house here. Am I right in thinking that I can invest the proceeds of the uk house in the Spanish house and thus avoid/minimise CGT? Can the UK continue to be called my prime residence even though I’m renting temporarily here in Spain while looking to buy a house?

3. Further to point 2, can I buy here in Spain first and then sell later the UK property and still benefit from this relief? I’d need to take out a temporary mortgage here in Spain to part fund the purchase and then use the proceeds from the UK sake to pay it off. I have read there is a period of 2 years before/after sale?.

Many thanks – congrats on website and forum – very useful and insightful

Hi
Hi
We are saleing our Spainish property that we have own for approximately 1year . As we understand it there will be cgt on any profit at the rate of 19 per cent. Is the the only only tax payable ?.

We are in the process of
We are in the process of selling our only house (which is in the uk). Value circa £400,000. We paid £175,000 but did spend a lot on refurbishment many years ago. When it sells I plan on taking early retirement and immediately moving to Spain. I am 51 and my wife is 68. The cgt that seems liable will completely change these plans. Are there no easy solutions?

Hi,
Hi,
We bought an apartment in Spain for 225,000€ back in 2004/5. If I decided to sell it know it would only fetch around 150,000€, and I still owe around 60,000€ on a Spanish mortgage.
Since we purchased, exchange rates plummeted as well as the property market.
Would I be liable for any tax?

I was resident in Spain. I
I was resident in Spain. I sold my house in Spain in November 2018, I moved back to the UK. What is the time scale to reinvest the gain in a new property to avoid CGT?

Do I have to complete within that time, or can I place a deposit on a new property?

I am a non resident with a property in Spain I have just sold my house in the UK and would like to move to Spain next month will i have to pay capital gains to spain even if i wasn’t a resident when i sold it

I have a question regarding Property Capital Gains Tax: Can a Non-Resident profit from a roll-over relief if the sale proceeds are re-invested in another property in another part of Spain?

Earlier this year I purchased a one bedroom flat.

Following our purchase I have conducted an official MINOR REFORM with permission given by the council and the appropriate tax paid.

At this point I am undecided whether to sell or to rent. I would like to understand the tax position in the event that I decide to sell the property.

Am I correct in assuming the following when I am calculating my Spanish tax and capital gains tax (CGT) obligations:

1. The total cost of purchase can include transmission tax, lawyer, notary and registration fees. Is this correct?
2. An official licence was obtained for a minor reform and taxes paid. No structural work was conducted in the reform process. I understand that there are no allowances that relate to any of the money spent on the reforms when calculating my CGT obligations. The reforms included new kitchen and appliances. Is this correct?
3. Are there any other deductions allowable such as community fees, electricity, local council taxes, when calculating CGT?
4. I understand that there is a 3% withholding tax which can be recovered after a certain period. Is this correct?
5. I understand that the correct rate of CGT in Spain is 19%. Is this correct?
6. Will there be another tax applied to the sale called Plus Valia and is this a tax that I will pay? If so how is it calculated?
7. I understand that all selling fees and lawyers fees can be included in the final CGT tax computation.
8. Are there any other taxes and or items that I have omitted?

Lots of questions. Your advice would be appreciated.

F.A.O. Suzanne O’Connell

A few queries from an old sea salt. Will gladly reimburse if required for your time and expertise !

I have been Non-Resident in Spain since mid 2000. Presently I work offshore in the UK Oil & Gas Sector so am officially a UK Resident for Taxation purposes. I return to Spain during my field-breaks. Therefore, I am in the UK for approx 210 days out of 365 days. Am I still legally a Non-Resident with around 150 days per year living in
Spain ? ( I have no UK assets / property )

Since August 2006, I have lived in Granada and intend to retire there in 2023 when I reach 66 years. When I retire, I believe it will be mandatory to take full residency as my presence in Spain will become permanent. Please can you confirm ?

My property in Granada was purchased for circa 265,000.00 Euros in mid 2006. There is no outstanding mortgage
Should I sell my house after 4 to 6 years after retiring and have taken full residency status, I believe I might be exempt from Capital Gains. Please can you clarify if my reasoning is correct or otherwise ?

If any profit from the sale of the Granada property was transferred back to the UK, would I be subject to any UK foreign earnings taxes ( the money would probably be invested into a retirement apartment ) ?

Regards

Ken Cook

Dear Sirs As non residents we built a house in spain on ground we already owned. property built 2005/6 approx build cost 230,000E , property registered with notary early 2015 following some repair works, with a value of 270,000E all relevant papers regarding build provided to the notary at that time.
Property sold end 2016 for 280,000Euros. 3% retention for CGT paid to Agencia Tributaria at time of sale.
All paperwork of no value to the purchaser, destroyed in Jan 2018. 2018 Agencia calculated a CGT bill based on original purchase price of the land (some 30,000Euros in 2001) . Our Gestoria argued that the property was sold with a house, and despite us no longer having the builders receipts the value of the build was approx 230E plus costs.
Agencia Tributaria has reassessed the CGT now due at about 41,000euros and we are in the process of appealing. We have had to pay 5,162thousand euros in April 2019 in order to defer payment and appeal and further payments of some 2,788thousand euros per month for the next 12 months.
The Agencia has made no ruling as yet, I gather it has 6mths to respond. This means shortly if we receive no ruling, we will have to appeal to a Tribunal to overrule the Agencia and have our payments returned. I am very unwilling to continue to make payments as the amount demanded is patently incorrect.
If the Tribunal does not overrule the Agencia, we will not receive any repayments either.
Please can you advise if this is legal that the agencia can invent this CGT due when we provided all the paperwork to the Notary at the time of registration of the property.
This seems to be a false calculation we are being asked to pay..

Hi, my partner & I split about 4yrs ago, we live & had a mortgage in tenerife, I sold the property & the lawyer kept back the percentage for taxes @ Notre & all outstanding Bill’s were paid before completion, I moved back to uk & my ex has stayed & worked in tenerife, she call me & said she received a letter today demanding €11,000 for tax on property! But this was all taken care of when property was sold, what she do?

Dear Miriam .
We purchased a new build apartment in Mallorca for 404600 euros plus the 10 % tax for new builds this was in 2017 so the total paid with tax 445,060 euros
We have just accepted a offer for 510,000 euros
Can I ask is the capital gains tax paid on the difference between 404k euro figure or the 445 k figure .
No one seems to be able to confirm . Is the gain on the 105,400 euros or 64940 euros ?
Many thanks in advance
IAN

Hi,

We sold our apartment in Spain as non residents and we can’t do our Capital Gains Tax because our accountant says that we need the 211 form with the 3% retention from the buyer in order to do this but we can’t reach him. What is the solution in this case, if the seller can’t get the tax declaration from the buyer with the 3 % retention.

Thank you!

My Name is Anne Marie Frisby I have an account with you
I am thinking of selling my property as I am now a Senior Citizen do I still pay Property tax
Regards
Anne Marie Frisby

My husband and I bought an apartment in Spain in 2006 for 210,000 euros. We want to sell it but it but we will sell it at lost. According to the market value it is worth 185,000 euros. We are non-residents. We have finished paying for the mortgage. We are over 65 years old. Do we have to pay CGT and Plusvalia in Spain? How much? Do we have to pay Income tax in the UK? Even though we will not make any profits.

We are building a villa at a cost of €650000 in the province of Alicante.

It is our intention to reside there for more than 26 weeks of the year

I have 13 properties in the uk (all in my sole name) that I rent out.

If we become resident in Spain what taxes will I pay and how much

Thank you

H

Hi. I am a non resident but have owned a small town house in a village since 2004. Although i payed €47.000 if i could if a buyer it is now proberly only worth around €5.000. Would i have to pay any tax as it will be sold for a loss?
Thanks

We currently have an offer on our home in Spain. I am 69 years old and my wife is 58. We have been residents in Spain for the past 8 years and permanent residents for the past 1 year. Will my wife be liable for CGT on her half of any profit made? This is our only residence, we do not own any other property.

Hi, if we sell our spanish home privately without an estate agent, who pays the solicitors fees, the seller or the buyer

Dear Sirs,

I would appreciate your advice on the following query.

If a property is jointly owned by a resident and a non-resident, what effect will this have on the 3% capital gains tax retention. If you have any authority for your answer, that would be greatly appreciated.

Kind regards,

Hi, I have Spanish recidencia and have had for 15 years, but am British. Am I correct that if you sell your property in Spain but then fully reinvest any profit in further more properties in Spain you do not pay the capital gains tax, because you will be paying the tax on the new property or properties? For example if a house is sold with a profit of 250,000€ after the mortgage and costs are paid and I then use that to buy 2 smaller properties at 125,000 each. Because I am paying the tax on 2 new property purchases, would I still have to pay the Capital gains on the profit from the original sale?

I was told if profit is reinvested in to the Spanish property market within a 2 year period you do not pay the tax on profit?

Thanks in advance!

Hi, we have been living in France for fifteen years, and the plan is to sell our home and enable early retirement by living in rented accomodation in Spain. Trouble is, we have heard that we may be subject to capital gains tax by the Spanish authorities, even though it is our principle home ?

Please advise, My Father in law is 95, and has been a Spanish resident for 29 years and is bequeathing his property, 50/50 the family home, a Villa in the Valencia region, valued at approx 270,000E to my wife living here in Spain and her brother a resident in the uk on his death. Will my wife and her brother be liable for any Taxes or Capital Gains Tax on the property before they become the legal owners of it ?If so what amounts are they
When they become the legal owners of it , they both aim to sell it asap and she and I will return to the UK, what tax liabilities will there be when the Villa is sold
Thank your help
Geoff Cherry

Have the Spanish government legislated on the Plusvalia tax yet

I bought land in Spain in 2002 with my Husband who died 6 years ago. We were both OAP s when we moved here and my husband was disabled.. We were both Spanish residents but have not paid tax or been asked to do as we only had some money from our British sale .We have always paid British Tax . Cash price for the land was 40,000 euros. As I am now disabled and not able to keep the property would like to return to Britain before Britain is totally out of the EU. We built up a small casita, pool and a summer house and kept bills to prove this. We spent ( with the land `175,000 euros. ) As I am 80 years old this year. I MUST RETURN TO BRITAIN I have asked how much I could expect to obtain and the reply was 170,00 euros. which is less than we have paid out. Thank you for your help.

Hi I have been sent this regarding being able to reduce the selling price of your property by taking away the balance of the mortgage when you sell.

The question of the mortgage may be covered by this on the AEAT web site:

‘Cuando para adquirir la vivienda habitual transmitida el contribuyente hubiera utilizado financiación ajena, se considerará como importe total obtenido en la transmisión, el valor de transmisión, en los términos previstos en la Ley del Impuesto, menos el principal del préstamo pendiente de amortizar.’

Which more or less states ‘When third party finance was used to purchase the property the sale value will be calculated minus the amount of the outstanding balance of the mortgage.’ It certainly does not say that you have to reinvest the whole amount in order to qualify for the relief.

So it’s saying mortgage can be taken off the selling price to reduce the CGT

If I pay my taxes in UK at Source am I liable to pay CBT when sailing my house in Spain

Hi,

I have received a gift from my parents of a property in Spain. All taxes are paid there. However, is there anything I would need to declare being a resident myself in the UK?

Thanks in advance.

I am a non resident and have recently sold my property and my lawyer does not have my 211 form (3% retention). Where can i get a copy.

Hi, If we sell our house in Spain and pay the due Taxation etc, will we have to pay some Tax again to England HMRC! for the same sale.

Thanking you.

When I sell the Spanish property and pay CGT Will I pay more tax when I bring the money to the UK

Hi Oscar,
I am considering becoming a Spanish resident before the end of the year. I own a small apartment in the UK which I will keep to use when I travel back to visit. Can you tell me if I will have to declare it and pay any taxes on it each year? It is worth around £200,000 at the moment (I paid £150,000 and still owe the same as it is on an interest only mortgage, if that is relevant, although I do not plan on selling it) Many thanks

I am a non-resident property owner,in Spain,i am 67.Do I have to pay Capital Gains Tax,if I sell this property?

Looking too reclaim 3%tax as no profit on sale – sold Feb 2019 and were advised apply refund this tax year. Are we too late? Thanks

Hi,
I have been a resident of Spain for the last 11 years and owned an apartment for the last 6 years. If I sell it and move back to the UK and buy a home there will I still have to pay CGT? If yes will I pay it straight away or next year?
Is Brexit likely to effect this?
Regards,
Justin

We are looking to sell our house in the UK and move into a flat that we also own and use the money from this to buy a holiday home in Spain.
Would we come under any further tax implications other than the normal UK one on this sale.

Then if in the future we sold the house in Spain what would be the taxation implications in both Spain and the UK

Hello.
We are UK citizens now tax resident in Spain. We have sold an ex-rental property in the UK and paid all CGT to the UK Tax office in this current tax year.
We will be declaring this profit in our next Spanish tax return but want to use some of the money earned to pay off a further UK mortgage on another rented property.
Will this re-investment of the profit earned , offset any of the CGT that we will be declaring on our next tax return here in Spain?
(ie; £50k earned as CG on the property sale and a re-investment of £30k to pay off a UK mortgage.)
Thank you
TR

Hi your article is very informative. I have a question please hope you can help.
I am a non resident. I am currently in the process of buying an apartment. My current house is on the market for sale. I will have purchased the new one before the sale of my current home.
When my house sells can I retrospectively reclaim the Capital Gains Tax I will have paid as the apartment will be my main residence?
Looking forward to your reply.
Kind regards
Imelda

Hello.

You mention that if you are a resident CGT is charged in relation to your annual income! Is this a new way of calculating CGT? If so, is their some kind of income scale?

Thanks in advance.

Hi,

Dec 2015 : Sold a house in UK – no CGT paid in UK as it was our primary residence and we were UK residents with no connection to Spain.

Oct 2016 : Moved to spain for work (we were told, for 2016 we would be non resident status in spain)

May 2017 : Bought an apartment in Spain and it has been our Primary residence since then
(we transferred half the money from UK sale in 2015 and all of it went in as deposit for spanish mortgage plus buying costs)

Aug 2020: We are looking into getting a second property (and moving into it as our primary residence – renting out first property)

Can we transfer the remaining half of UK sale from 2015 and invest it towards deposit on second mortgage?
(we keep reading about a time limit of 2 yrs – but this shouldn´t apply to us as we had this money even before moving to Spain)

Are there CGT or other tax implications here ?

Thank you for your time in advance.

We have a house in the U.K. that we are intending to retain as our principal residence and live in it for up to six months a year until we retire completely at 65. . But we are also intending to establish Spanish residency this year and have a flat in Spain where we will be the other six months. If we sell our U.K. family home after we are 65 would this be subject to Spanish CGT?

My wife and I are in our eighties and have lived in Spain permanently for 19 wonderful years. My wife now has dementia so we now have to sell our only property in Spain.
Our solicitor says we may have to pay taxes on this sale.
Surely that is not true . Your reply will be greatly appreciated. Regards. Norman Berry.

Hi we sold our house in the UK in March and moved to our apartment in Ibiza which we have owned since 2011, we now have Residencia and are looking at relocating to mainland Spain and to buy a home there which will be our only residence with some of the profit we have made ( we still have a smal mortgage which wil be paid off when we sell), we are wondering if capital gains will be worked out on all the profit or wil it be on what’s left once we purchase a new home? Many thanks

Hi! I have built an apartment in Finland 7 years ago which I have lived in as home. Now I will move to Spain and start work there. If I understood right, I need to pay some taxes in Spain if I have got some profit of the apartment selling in Finland. Because the apartment was built, there is no price of what I payed for it. Should I have all the documents what I have payed for building the house or what? I have to say that I do not have those because in Finland I don’t need those for taxiation. Do I need to pay now some tax in Spain even that I haven’t got any profit of my apartment built 7 years ago? If I don’t get this sold before I start my work in Spain?

When I sell my property in Spain and pay all relavent Spanish taxes, and then I transfer the money from the sale to my bank account in the uk am I at risk of the uk tax system ?

Selling a new build house.

My wife bought land and a new build villa near Alicante in 2006.

We have now sold property in July 2020.

Our legal adviser who is sorting the Taxation issues says that the Spain Tax Authorities will NOT accept the values in the Title Deeds for land/building and will ONLY ACCEPT receipts provided by the developer between 2004-2006 which we never had!!

All information we can find online including your site, indicates that they use the Title Deeds Values….

Is our advisor wrong?

Thanks in advance for any reply

Hello . 4 families own a house in Spain and are all on the mortgage 65% of the mortgage is paid off on a property currently selling at 350.000 euros . One of the shareholders wants out so the other 3 are happy to buy them out . What if any is the tax liability to take one of the stakeholders off the mortgage ?

Hi I’m resident in Spain but pay my taxes in Ireland, how does that effect me if I sell my house in Spain and purcgase another one in Tenerife.

Hi,
We sold our house in the UK in 26th Feb 2020. We rent a property in Mallorca and are thinking of applying for residency. We have been advised that if we become residents before the end of this year we will have to pay the Spanish CGT. I have also read that if we weren’t resident here at the time of the sale we do not not. Can you clarify for us please. Thanking you in advance.
Regards.
Teresa Cooper.

Hi, I had a property in Spain and lived there for 7 years. My wife passed away I moved back to England and left my house empty. I paid empty property tax. Sold my house last year and 3% was kept back,my lawyer said as I paid the tax I should receive most of it back. That was over a year ago and have not heard anything I ask my lawyer after 7 months and she said I have to wait and could not put a time on it. Is there anyway I can find out if I am getting any monies back.

If I was to sell my UK property (main and only home for 25years) between 1st Jan and July 3rd, then move to spain after July 4th would I be right in assuming there would be no CGT to pay as 183 days would take me into the following year, at which point I would then be considered a resident for tax purposes?.
Likewise If I sold after July 3rd and then moved over that same year I would still be safe from CGT as would still not be considered tax resident status until the following year?
Thanks!

Hi
I am a non resident who purchased a property in 2003 for 100,000 euros (official price on the deeds)
I am selling for 280,000. As part of my sale I have 23,500 euros worth of furniture fixtures and fittings paintings etc. Would it be acceptable to list the sale figure for 256,500 and fixtures and fittings at 23,500 euros?
Also, I thought I was buying a freehold property but after owning it for a few years discovered it was a leasehold, which I believe is very unusual. The Spanish lawyer failed to inform us of this. As I do not own the land would there be any Plusvalia tax to pay?

CGT.
My wife is a resident in Spain, I am not.
Am I able to transfer the property into her name (soul ownership) thereby avoiding CGT in 3 years time when we sell it?
Thank you.

CGT.
My wife is a resident in Spain, I am not.
Am I able to transfer the property into her name (sole ownership) thereby avoiding CGT in 3 years time when we sell it?
Thank you.

Good afternoon
My brother had an apartment he inherited from my father who dead 4 years ago , when he decided to sell that apartment 84m2 , the taxes told him that he will not be able to sell , it until he pays 480,000 € , I think a Capital gain tax or personal income tax not really sure ?!!
Is that possible? Or that big value tax can be my father taxes that he did not pay during his life time !!
Please explain to me .
Thank you

I have recently sold my house in July in SanFulgencio and Ihave a number of questions regarding the 3% retention tax.It sold at 238,000 e and the retention was 7140e.
I have a copy of the Copia Simple from my original purchase in 2005 and the buying price is shown as 212410 e and further into the document says 7% IVA has been paid on the buying price although a specific figure is not shown I calculate this as 14868.70 e. My deed also mentions payments made to Municipal taxes and Plus Valia but no exact figures are stated so I can’t use them.
Is it accepted practise to use the buying price + the Calculated IVA as my basis of the true buying price. i.e 227279 e?This would leave a notional profit of 10721 e on which I could pay CGT.As a UK taxpayer I think my status is Non resident ,non EU or EEA so I think I am taxed at 24% (or is it 19%)?
I know I can offset some deductions from this.I have invoices from
estate agent 7199.50
Notary fees. 451.55
Solicitor selling fee. 726.00

I also had charges in July and August for updating the land registry records for older renovations but don’t know if these are allowable as without them the sale could not have progressed
Solicitor fees. 735.71
Land Registry. 312.74

I have an invoice (no NIE shown on it) for renovations from 2005 with appropriate Town Hall licence
Reforms. 8380.00

I have also read that Plus Valia tax is permitted as a deduction and it states in my Selling Deed 2365.00 has been paid.Is this too an allowable deduction.

I am assured that my non resident wealth taxes are paid up to date but assume this could be checked with the Agencia Tributaria
Is it true I only have 3 months to claim and is this something you may help with?
What are typical fees for this service if you undertake this type of work?
Sorry it’s long winded but it’s very complex for me and I’ve been receiving conflicting and confusing advice from elsewhere so wanted to clarify simply which you usually do from the blogs I’ve seen here

Hi Oscar
Thank you for the advice (2nd message sent in error)
Are you able to advise on the 1st 2 paragraphs in particular?
Many thanks again

When buying my villa in spain I4 years ago, I had my son put on deeds, although he didn’t pay a euro towards it. In the last year I have had him taken off the deeds legally, to avoid paying Capital Gains Tax.
I now wish to sell because my husband has died. I am 71 years old and I have put a tax declaration for. in each year, With no tax to pay each year.
I’m unable to afford to live here on one British state pension. It doesn’t cover for the upkeep of the Villa, garden, pool and other jobs. Plus I have a heart condition.

I’m now the only name on deeds. I’m the only one who paid for the Villa.
What capital Gains and cost will I be liable for. I bought the Villa for 160,000 and I’m selling for 390,000 euros. Kind Regards Margaret Benee.

Ps. I have spent over 100,000 on improvements but not kept bills

i have recently sold our property in mallorca and have paid all the taxes and charges. do i have to pay any British tax

Good morning

If i paid 610kEUR + 75k in stamp duty and fees for my property in Spain and sell it for 850k will i be liable for CGT on the 240k from purchase price or 165k which it purchase price plus the costs of buying?

Kind regards

Michael

I have an offer for my property in IBIZA and the buyer wants to conclude the sale in May 2022. I am over 65 and therefore CGT will not apply, however do I have to complete 6 months of residency in Spain i.e. from January to July 2022 to avoid any further taxation on the sale

Hi, I am and have been a tax resident in Spain for 15+ years. I purchased a property in Marbella in 2014 and initially lived in it as my primary residence for several years. After meeting my girlfriend it made sense for a number of reasons to move into her rented house in Benalmadena where I live today. As my house was empty I rented it our on a long term basis to generate some form of income. The property in Marbella is the only property either of us own.

We would now like to buy a property which would become the primary residence for both of us. If I sell my property in Marbella to contribute towards the new home would I be required to pay CGT or would I be exempt from paying this if 100% of any gain was re-invested into what would be our combined primary residence. I understand that I would not have been living in my owned apartment for 3 years+ prior to selling as a primary residence but it is my only owned property (not a second home) and I assume the purpose of this exemption is to prevent wealthy owners of multiple homes from benefiting not prevent owners of a single home from benefiting from the exemption when looking to reinvest into a new family home in Spain after circumstance made renting the most appropriate option prior to the sell? Thanks

My friend in Ireland is now 70 and has a Holiday apartment in Spain for about 10 years .does does he have to pay CGT on profit and at his age and what about the 6 year rule ????

I am Spanish resident, UK citizen. I have lived in Spain for 16 years. I have paid Spanish income tax and other property transfer taxes etc for 10 years. I am selling my current property which I have lived in as my principal residence for 4 years. I will re-invest most of the funds from the sale into another property in Spain. I am looking at a new off plan property to re-invest the funds. What evidence do I need to provide to the Spanish tax authorities to prove the funds are being re-invested albeit a few months after I have sold my current home.

Hi , I am a 1 third owner of a property in Spain . One of the stake holders wants out . What’s the best approach in the other 2 parties buying this person out ?

We are considering moving back to the UK ,we would sell our property in Spain likely at a loss or small profit, we would be renting in the UK,we are residents in Spain but presume we would not be once we left Spain
We would need help nearer the time but just after a idea to work out our costs
Thanks john

Good day,
We are both over 68 and we have been living on our house for 3 years and 6 months . We now need to sell and move.
We are both fiscal residents if Spain .

1) I believe there is no capital gain because of our age ..

BUT

Do we have to reinvest this money into another property to to benefit from this non taxed gain .

Hi, I am a Spanish resident looking to sell my property in UK and will pay capital gains tax. A lot of structural work has been done to the property which can be discounted but I do not have all the VAT receipts as these were lost. Is there any way around this – valuation of property post work etc? Thank you

Hi I sold my house in Spain 18months ago but wish to buy another in a diferent area will I still have to pay 10% tax on new property regards Philip

I am a non-resident in Licante Province, which I have sold. with regard to structural changes, I had replaced the original single glazed windows with double glazed on for the entire finca. Furthermore, I had replace the original PVC pool cover (which was twice blow away by heavy winds) with a telesopic pool cover with max. height of 1,2m, which did not require any official permit. Are these expenses deductible from my CGT?

Hi, interesting article, I have a small question I am selling the house we’ve had for 15 years for €220,000, however, when we bought the property we paid €120,000 as cash and took on the existing owners mortgage of 110,000 so the cost of us buying the property is 230,000, reading your article. It’s sort of implies that there is a €10,000 capital gains, is this correct? Is my assumption correct?