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Spanish tax

Posted: Sun Mar 6, 2022 12:12pm
10 replies258 views4 members subscribed
Paulsayer

Posts: 59

26 helpful points

Location: Playa Flamenca

Joined: 22 Mar 2020

Good morning,I wander if anyone out there could clarify a tax query we have.

We have just received our non lucrative visas and are hoping to move to Spain permanently in April.We already have property out there and we are selling our uk property,which is going through but not yet finalised. We have been told that if we only receive the funds once we are in Spain,then we will be liable for Spanish capital gains tax,which would cost us around 40k !

Obviously we want to avoid this but don’t know if it’s correct. Any help or suggestions would be greatly appreciated.

Pa

Mags03169

Posted: Sun Mar 6, 2022 3:38pm

Mags03169

Helpful member

Posts: 292

211 helpful points

Location: Algorfa

Joined: 7 Feb 2020

Posted: Sun Mar 6, 2022 3:38pm

We are doing our taxes & Modelo 720 with Jose at Expat Services La Zenia , very helpful with lots of experience of working in the UK as well as Spain .

Cheryl

Posted: Sun Mar 6, 2022 4:14pm

Cheryl

Legendary helpful member

Posts: 2973

3538 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Sun Mar 6, 2022 4:14pm

https://www.facebook.com/AngarTaxationService/ 

This company get a lot of recommendations on here and it will be well worth speaking to an expert before you finalise anything.

My understanding is that it depends when you become a tax resident in Spain. The Spanish tax year runs from 1st Jan to 31st Dec and you are tax resident if you spend more than 183 days here in the tax year. Again, only from my understanding, if you get your TIE in the second half of the year then you will remain a UK taxpayer until 1st January the following year, therefore not liable to Spanish CGT. I may well be wrong though so check it out with the experts.


Paulsayer

Posted: Sun Mar 6, 2022 4:53pm

Paulsayer

Original Poster

Posts: 59

26 helpful points

Location: Playa Flamenca

Joined: 22 Mar 2020

Posted: Sun Mar 6, 2022 4:53pm

Cheryl wrote on Sun Mar 6, 2022 4:14pm:

https://www.facebook.com/AngarTaxationService/ 

This company get a lot of recommendations on here and it will be well worth speaking to an expert before you finalise anything.

My understanding is that it depends when you become a tax resident in Spain. The Spanish tax year runs from 1st Jan to 31st Dec and you are tax resident if you spend more than 183 days here in the tax year. Again, only from my understanding, if you get your TIE in the second half of the year then you will remain a UK taxpayer until 1st January the following year, therefore not liable to Spanish CGT. I may well be wrong though so check it out with the experts.


Thanks very much Cheryl,I hope your right,because that would be good for us,but I will contact them and see what i can find out.

Paulsayer

Posted: Sun Mar 6, 2022 5:00pm

Paulsayer

Original Poster

Posts: 59

26 helpful points

Location: Playa Flamenca

Joined: 22 Mar 2020

Posted: Sun Mar 6, 2022 5:00pm

Cheryl wrote on Sun Mar 6, 2022 4:14pm:

https://www.facebook.com/AngarTaxationService/ 

This company get a lot of recommendations on here and it will be well worth speaking to an expert before you finalise anything.

My understanding is that it depends when you become a tax resident in Spain. The Spanish tax year runs from 1st Jan to 31st Dec and you are tax resident if you spend more than 183 days here in the tax year. Again, only from my understanding, if you get your TIE in the second half of the year then you will remain a UK taxpayer until 1st January the following year, therefore not liable to Spanish CGT. I may well be wrong though so check it out with the experts.


Thanks very much Cheryl,I hope your right,because that would be good for us,but I will contact them and see what i can find out.

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Paulsayer

Posted: Sun Mar 6, 2022 6:15pm

Paulsayer

Original Poster

Posts: 59

26 helpful points

Location: Playa Flamenca

Joined: 22 Mar 2020

Posted: Sun Mar 6, 2022 6:15pm

Mags03169 wrote on Sun Mar 6, 2022 3:38pm:

We are doing our taxes & Modelo 720 with Jose at Expat Services La Zenia , very helpful with lots of experience of working in the UK as well as Spain .

Thanks very much Mags,we just need to get some clarification before we come over to Spain.

Cheryl

Posted: Sun Mar 6, 2022 6:59pm

Cheryl

Legendary helpful member

Posts: 2973

3538 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Sun Mar 6, 2022 6:59pm

Paulsayer wrote on Sun Mar 6, 2022 5:00pm:

Thanks very much Cheryl,I hope your right,because that would be good for us,but I will contact them and see what i can find out.

While you are on to them ask how much they will charge to sort out the double taxation forms to disconnect from HMRC and to do your tax returns here.

paulsav

Posted: Mon Mar 7, 2022 11:06am

paulsav

Super helpful member

Posts: 1387

1013 helpful points

Location: Villena

Joined: 4 Dec 2015

Posted: Mon Mar 7, 2022 11:06am

Paulsayer wrote on Sun Mar 6, 2022 5:00pm:

Thanks very much Cheryl,I hope your right,because that would be good for us,but I will contact them and see what i can find out.

Hi Paul

Cheryl is correct in her info, timing is crucial in this situation to avoid CGT. If you obtain residency in first half off year( you mention going over in April) you will be deemed a tax resident from Jan 1st 2022 and whether you leave money in Uk or send over to Spain is immaterial you will pay CGT because you will have stayed in Spain over 183 days in this year. If you can avoid completing your NLV until June then not enter Spain until after July to apply for your residency you will avoid tax because your residency would start after 183 days and not a fiscal resident until following year. 

BTW Angar only do non resident taxes, I,ve already checked this, they don't do resident based tax processes. You will need a gestor who does but not until next year, also this year you will have to pay non resident tax for last year (if you had your Spanish property then) and next year too but only for first part of year before residency. Before Brexit it was easier to get timings right with selling UK property and then becoming resident even if it meant staying with relatives or renting short term before going to Spain, now with NLV process starting in Uk and only having 3mnth window to obtain residency it's a little more difficult but not impossible. If you do not obtain residency before July onwards you will be safe and avoid CGT. Pray your Nlv takes a while to process if you have already applied. Good luck. 

Regards 

Pauline 

Paulsayer

Posted: Mon Mar 7, 2022 1:36pm

Paulsayer

Original Poster

Posts: 59

26 helpful points

Location: Playa Flamenca

Joined: 22 Mar 2020

Posted: Mon Mar 7, 2022 1:36pm

paulsav wrote on Mon Mar 7, 2022 11:06am:

Hi Paul

Cheryl is correct in her info, timing is crucial in this situation to avoid CGT. If you obtain residency in first half off year( you mention going over in April) you will be deemed a tax resident from Jan 1st 2022 and whether you leave money in Uk or send over to Spain is immaterial you will pay ...

...CGT because you will have stayed in Spain over 183 days in this year. If you can avoid completing your NLV until June then not enter Spain until after July to apply for your residency you will avoid tax because your residency would start after 183 days and not a fiscal resident until following year. 

BTW Angar only do non resident taxes, I,ve already checked this, they don't do resident based tax processes. You will need a gestor who does but not until next year, also this year you will have to pay non resident tax for last year (if you had your Spanish property then) and next year too but only for first part of year before residency. Before Brexit it was easier to get timings right with selling UK property and then becoming resident even if it meant staying with relatives or renting short term before going to Spain, now with NLV process starting in Uk and only having 3mnth window to obtain residency it's a little more difficult but not impossible. If you do not obtain residency before July onwards you will be safe and avoid CGT. Pray your Nlv takes a while to process if you have already applied. Good luck. 

Regards 

Pauline 

Hello Pauline,very good information from you,and I agree,it was a hell of a lot easier before brexit.

Unfortunately we didn’t realise the tax implications before we started the visa process and we received them last week. As you can imagine,we’re really excited when they arrived,but now feel totally deflated and it’s took the whole shine out of it for us.I can’t understand how difficult Spain is making this process when tourism and expat communities make up a massive part of the Spanish income.

We are awaiting a response from a tax consultant  in Spain,who I really hope comes back with better news for us.

Your help is really appreciated and I will post any info for people on here.

Regards,Paul.

paulsav

Posted: Mon Mar 7, 2022 2:27pm

paulsav

Super helpful member

Posts: 1387

1013 helpful points

Location: Villena

Joined: 4 Dec 2015

Posted: Mon Mar 7, 2022 2:27pm

Paulsayer wrote on Mon Mar 7, 2022 1:36pm:

Hello Pauline,very good information from you,and I agree,it was a hell of a lot easier before brexit.

Unfortunately we didn’t realise the tax implications before we started the visa process and we received them last week. As you can imagine,we’re really excited when they arrived,but now feel totally deflated and it’s took the whole shine out of it for us.I can’t understand how difficult S...

...pain is making this process when tourism and expat communities make up a massive part of the Spanish income.

We are awaiting a response from a tax consultant  in Spain,who I really hope comes back with better news for us.

Your help is really appreciated and I will post any info for people on here.

Regards,Paul.

I presumed you were not 65 as pensioners under certain conditions can avoid CGTand you are not buying a property with all the proceeds of Uk sale as you have a place already. So hope your gestor can help. 

We spent all our time researching over 2 yrs before Brexit and realised too many problems residency caused so staying non residents. 

Regards 

Pauline 

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