Posted: Sat Aug 22, 2020 11:51am
Hi Ann,
it's not CGT to UK tax its CGT to Spanish tax as you would be a Spanish resident. Just to put all info into context for you to consider. If you obtain residency (new TIE system now) before January 1st, your financial requirements are 5500€ savings in bank (must be in Spanish bank for 3 months) recently revised figure, and show income of just under 500€month. This increases to approx 7500€ if 2 persons applying. After January the requirements zoom up by 4 times that amount, I have read 26k€for 1 person and 32k€ for 2 people. As figures of present requirement has been reduced, I don't know if therefore the non EU figure after January has also been reduced but I, m sure someone else more learned than myself will confirm the correct amount. Now if you do get residency completed by Dec 31st, you would start the new year as a resident and therefore be liable for Spanish CGT on selling your UK home as it had become a 2nd home once you gained residency because your primary home would be either your new Spanish bought property or a rented home until you purchase. If you are putting all your sale proceeds into another main primary residence in Spain CGT can be avoided, and if a lesser property price then CGT is on the difference. If you are a UK state pensioner then private health insurance is not needed as you will be covered by your UK S1 if applied for before December but after January, you would have to have private health care for life (very expensive) or even the Spanish health care called Convenio Especial which as informed is at present 157€ month over 65. You would also not be liable for UK pension increases after January residency but OK if residency before January.
It is a lot to take in I know, an awful lot to consider. This information is what is known at present but things may change after January. Best scenario is get house sold by December and get your residency done by then too. If you are determined you could do it but 1st step would be step up selling the home and put money into a Spanish bank, although you need to open an account in person in Spain or possibly engage a solicitor to arrange with power of attorney. Could be you have left it all a bit late for pre January but I would check with someone if the post January figures have also been reduced which you may be happier with. Also if you have obtained residency by January and you drive, if your driving licence changeover is applied for before January it will be done automatically but after January you will need to take a Spanish driving test(in Spanish).
I can recommend a person to help you with residency called Uma at "getlegalinspain.com, who has been well recommended by many on this forum. She can also assist with getting NIE, driving licence and many aspects of your requirements.
If this all seems daunting to secure residency by January, then be aware if you sell your UK home in first half of 2021 then you need to postpone your residency application until second half of the year to avoid CGT to Spanish tax. Residing in Spain over 183 days results in Spanish fiscal residency. You would not be liable to CGT if sale is completed this year as you would not be a Spanish resident until the following tax year.
I wish you good luck in your decisions
Regards
Pauline