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Paying tax

Posted: Tue Feb 2, 2021 10:02am
9 replies313 views5 members subscribed
Linda20

Posts: 47

2 helpful points

Location: Catral

Joined: 1 Dec 2019

Hi everyone hope you are all ok 

I need some advice we went to see about paying our taxes for the first time we was told that we will have to pay tax on our property we sold in the uk she wanted to know how much we brought it for and what it sold for because we have got to pay tax on the profit we made

Also they want copies of the deed when we brought it and sold it. If we gave to pay tax on the the profit it will be at 20% which is a lot of money as we don’t have jobs  

So please can some one help 


regards linda

Kelvin1960

Posted: Tue Feb 2, 2021 10:30am

Kelvin1960

Super helpful member

Posts: 1486

1769 helpful points

Joined: 5 Mar 2017

Posted: Tue Feb 2, 2021 10:30am

On what date did you gain Residentia/TIE and on what date did you sell the UK property ?

Have you submitted a modelo 720 (usually submitted in February), and did you declare the UK asset (now sold) ?

Have you paid income tax in Spain ? 

Was the UK property your primary residence or did you pay UK capital gains tax ?  

If you are Resident/TIE, you may very well be liable for tax in Spain on the UK property sale (depending on the dates). So independent tax advice is a must.

Linda20

Posted: Tue Feb 2, 2021 11:41am

Linda20

Original Poster

Posts: 47

2 helpful points

Location: Catral

Joined: 1 Dec 2019

Posted: Tue Feb 2, 2021 11:41am

Kelvin1960 wrote on Tue Feb 2, 2021 10:30am:

On what date did you gain Residentia/TIE and on what date did you sell the UK property ?

Have you submitted a modelo 720 (usually submitted in February), and did you declare the UK asset (now sold) ?

Have you paid income tax in Spain ? 

Was the UK property your primary residence or did you pay UK capital gains tax ?  

If you are Resident/TIE, you may very well be liable for tax in Spain on the UK property sale (depending on the dates). So independent tax advice is a must.

We sold the house in January last year and it was our only residence in the uk .When spoke with the lady yesterday she we are residents on the 7 October but we have not done our fingerprints yet still waiting for app

Linda20

Posted: Tue Feb 2, 2021 12:08pm

Linda20

Original Poster

Posts: 47

2 helpful points

Location: Catral

Joined: 1 Dec 2019

Posted: Tue Feb 2, 2021 12:08pm

Linda20 wrote on Tue Feb 2, 2021 11:41am:

We sold the house in January last year and it was our only residence in the uk .When spoke with the lady yesterday she we are residents on the 7 October but we have not done our fingerprints yet still waiting for app

We We sold the house in January last year and it was our only residence in the uk .When spoke with the lady yesterday she we are residents on the 7 October but we have not done our fingerprints yet still waiting for app we got our nie numbers before we moved out and our solicitors gave them to us when we arrived in Spain 25/22020

Kelvin1960

Posted: Tue Feb 2, 2021 12:56pm

Kelvin1960

Super helpful member

Posts: 1486

1769 helpful points

Joined: 5 Mar 2017

Posted: Tue Feb 2, 2021 12:56pm

Linda20 wrote on Tue Feb 2, 2021 12:08pm:

We We sold the house in January last year and it was our only residence in the uk .When spoke with the lady yesterday she we are residents on the 7 October but we have not done our fingerprints yet still waiting for app we got our nie numbers before we moved out and our solicitors gave them to us...

... when we arrived in Spain 25/22020

Purely from our own experience (my wife and me) ...

If you became Residents on 7/10/20, you were not a tax resident in Spain until 1/1/21, and you will not need to submit a modelo 720 until Feb 2022. You will submit income tax returns (for Jan-Dec 21) in June 2022, and will pay your Spanish income tax (for the tax year Jan-Dec 21) in two chunks ... June and November 2022 (the Spanish tax year in Jan-Dec, and you are taxed in arrears). 

So your UK house was sold before you became Spanish tax-residents, and your profits are not taxable in Spain.

Please note, however, that you will continue to PAYE in the UK (on any earnings/pensions) until your tax affairs are cut-across to Spain. In our experience, this can take ages, so there is a cash-flow pinch point to be managed.

Hope this helps.

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Linda20

Posted: Tue Feb 2, 2021 1:10pm

Linda20

Original Poster

Posts: 47

2 helpful points

Location: Catral

Joined: 1 Dec 2019

Posted: Tue Feb 2, 2021 1:10pm

Kelvin1960 wrote on Tue Feb 2, 2021 12:56pm:

Purely from our own experience (my wife and me) ...

If you became Residents on 7/10/20, you were not a tax resident in Spain until 1/1/21, and you will not need to submit a modelo 720 until Feb 2022. You will submit income tax returns (for Jan-Dec 21) in June 2022, and will pay your Spanish income tax (for the tax year Jan-Dec 21) in two chunks .....

.... June and November 2022 (the Spanish tax year in Jan-Dec, and you are taxed in arrears). 

So your UK house was sold before you became Spanish tax-residents, and your profits are not taxable in Spain.

Please note, however, that you will continue to PAYE in the UK (on any earnings/pensions) until your tax affairs are cut-across to Spain. In our experience, this can take ages, so there is a cash-flow pinch point to be managed.

Hope this helps.

Ok thanks when we spoke to the lady she was asking for our p60 and what tax we have paid on our works pension

Kimmy11

Posted: Tue Feb 2, 2021 3:00pm

Kimmy11

Legendary helpful member

Posts: 6870

12564 helpful points

Joined: 8 Aug 2017

Posted: Tue Feb 2, 2021 3:00pm

Linda20 wrote on Tue Feb 2, 2021 12:08pm:

We We sold the house in January last year and it was our only residence in the uk .When spoke with the lady yesterday she we are residents on the 7 October but we have not done our fingerprints yet still waiting for app we got our nie numbers before we moved out and our solicitors gave them to us...

... when we arrived in Spain 25/22020

Hi Linda,

When you say that your solicitors gave you your NIEs when you "arrived in Spain 25/22020", do you mean 25 February 2020?  And have you been living continuously in Spain since that date?  If so, your residency/TIE approval on 7 October 2020 isn't relevant, as you would have become resident for tax purposes by exceeding 183 days in Spain last year, irrespective of whether your residency has been formalised.

Kind regards, 

Kim

Linda20

Posted: Tue Feb 2, 2021 3:19pm

Linda20

Original Poster

Posts: 47

2 helpful points

Location: Catral

Joined: 1 Dec 2019

Posted: Tue Feb 2, 2021 3:19pm

Kimmy11 wrote on Tue Feb 2, 2021 3:00pm:

Hi Linda,

When you say that your solicitors gave you your NIEs when you "arrived in Spain 25/22020", do you mean 25 February 2020?  And have you been living continuously in Spain since that date?  If so, your residency/TIE approval on 7 October 2020 isn't relevant, as you would have become reside...

...nt for tax purposes by exceeding 183 days in Spain last year, irrespective of whether your residency has been formalised.

Kind regards, 

Kim

Yes we moved in on the 25/22020 

So why do we need to pay tax on sold property in the uk  to buy our house in Spain

Why do they need the deeds for sold property in the uk 

Kimmy11

Posted: Tue Feb 2, 2021 4:15pm

Kimmy11

Legendary helpful member

Posts: 6870

12564 helpful points

Joined: 8 Aug 2017

Posted: Tue Feb 2, 2021 4:15pm

Hi Linda,

The Spanish tax year runs from 1 January to 31 December.  As you moved permanently to Spain in February 2020, you were living here for at least 183 days (6 months + 1 day) last year, which is the point at which you become tax resident in Spain, irrespective of whether you have formalised your Spanish residency.  

On this basis, you will need to complete a Modelo 720 Declaration of (global) Assets, i.e. your assets outside of Spain, by the end of February this year and submit your first Modelo 100 Tax return by end June this year. 

Your Modelo 720 will include your UK property because you still owned it last January, when the 2020 Spanish tax year had started and for which you became tax resident.  (If you'd moved permanently to Spain in the second half of last year, you would have been here for less than 183 days and, therefore, would not have been tax resident in 2020.)

Your advisor is asking for your Deeds to see when you bought the UK property and how much you paid for it.  If I remember correctly, the UK stopped issuing paper Deeds about 6 years ago, but you should be able to download the information from the UK land registry, or provide a copy of your solicitor's completion statement following your purchase.  Similarly, your advisor will want proof of how much you sold the property for, in order to calculate the capital gain; again, your solicitor's completion statement following the sale should suffice.  However, there are a number of things that can be offset from the 'profit' you've made, such as your legal costs, so your tax advisor should be asking you for that information too.

Kind regards, 

Kim

Linda20

Posted: Tue Feb 2, 2021 4:41pm

Linda20

Original Poster

Posts: 47

2 helpful points

Location: Catral

Joined: 1 Dec 2019

Posted: Tue Feb 2, 2021 4:41pm

Kimmy11 wrote on Tue Feb 2, 2021 4:15pm:

Hi Linda,

The Spanish tax year runs from 1 January to 31 December.  As you moved permanently to Spain in February 2020, you were living here for at least 183 days (6 months + 1 day) last year, which is the point at which you become tax resident in Spain, irrespective of whether you have formalised you...

...r Spanish residency.  

On this basis, you will need to complete a Modelo 720 Declaration of (global) Assets, i.e. your assets outside of Spain, by the end of February this year and submit your first Modelo 100 Tax return by end June this year. 

Your Modelo 720 will include your UK property because you still owned it last January, when the 2020 Spanish tax year had started and for which you became tax resident.  (If you'd moved permanently to Spain in the second half of last year, you would have been here for less than 183 days and, therefore, would not have been tax resident in 2020.)

Your advisor is asking for your Deeds to see when you bought the UK property and how much you paid for it.  If I remember correctly, the UK stopped issuing paper Deeds about 6 years ago, but you should be able to download the information from the UK land registry, or provide a copy of your solicitor's completion statement following your purchase.  Similarly, your advisor will want proof of how much you sold the property for, in order to calculate the capital gain; again, your solicitor's completion statement following the sale should suffice.  However, there are a number of things that can be offset from the 'profit' you've made, such as your legal costs, so your tax advisor should be asking you for that information too.

Kind regards, 

Kim

Ok thanks 

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