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Moving to Spain - Tax on Selling UK Property

Posted: Sat Jun 27, 2020 3:00pm
3 replies163 views4 members subscribed
PRGDenia

Posts: 34

11 helpful points

Location: Denia

Joined: 9 Feb 2020

Hello All,

This is my first post to the forum so thought I would post to this topic area as I don't quite know the ropes yet.

I'm set to retire in the last quarter of this year and my wife and I are planning to relocate to Spain, probably in the region of Denia.

I will be 60 and my wife a bit less than that. My son, in his 20s is also interested in relocating with us.

Of course the coronavirus pandemic put a dent in our planning for a while but now we are picking things up again.

My wife and son will have EU national status as well as British but I will be just British national.

One of the things we are considering is moving to Spain in a rental for a while and then looking for a property to buy. But with the market as it is currently we may not be able to sell our property in the UK until after we arrive in Spain.

So at last we get to my initial question. If we sell our UK property while we are in Spain is there a Spanish taxation angle we need to consider? We were hoping to establish Spanish residency before the end of the transition period on 31st December 2020 but we are not sure how that works in relation to any taxation on the sale of our home in the UK?

Any guidance & advice gratefully accepted.

Paul

jimtaylor

Posted: Sat Jun 27, 2020 5:12pm

jimtaylor

Legendary helpful member

Posts: 5612

8739 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Sat Jun 27, 2020 5:12pm

You would be liable to CGT in Spain if you sell a UK property whilst fiscally resident here. If you move here after July 1st, and sell it this year, you won't be fiscally resident for the year of sale, so Spanish CGT wouldn't be applicable.

PRGDenia

Posted: Sat Jun 27, 2020 5:42pm

PRGDenia

Original Poster

Posts: 34

11 helpful points

Location: Denia

Joined: 9 Feb 2020

Posted: Sat Jun 27, 2020 5:42pm

jimtaylor wrote on Sat Jun 27, 2020 5:12pm:

You would be liable to CGT in Spain if you sell a UK property whilst fiscally resident here. If you move here after July 1st, and sell it this year, you won't be fiscally resident for the year of sale, so Spanish CGT wouldn't be applicable.

Thanks Jim that's very helpful. 

Can I ask what the distinction is between fiscally resident in Spain and normally resident please? Can we arrive in Sept and establish residence before 31/12/2020 but be fiscally resident after then? Are there any negatives to that approach?

I'm sorry if this is covered in your very helpful guides. I've just found those and started reading. 

Thanks very much. 

Paul

jimtaylor

Posted: Sun Jun 28, 2020 7:24am

jimtaylor

Legendary helpful member

Posts: 5612

8739 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Sun Jun 28, 2020 7:24am

Fiscal residency and being on the register of residents are two different topics, subject of different legislation.

You are fiscally resident for any calendar year in which you are here for 183 days or more.

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