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Buying a holiday home, confused

Posted: Mon Sep 4, 2017 6:23pm
16 replies430 views5 members subscribed
Susan008

Posts: 12

1 helpful points

Location: Villajoyosa

Joined: 4 Sep 2017

Hello,

I am English and my husband is Spanish and we want to buy a property to stay in no longer than 3 months maximum in any one visit. We will still be UK residents but I have been told I will need a Spanish residency card for the property to be in both names, can anybody advise as essentially it will be a holiday home only. We are not looking to leave the UK permanently.

271935

Posted: Mon Sep 4, 2017 7:22pm

271935

Very helpful member

Posts: 836

679 helpful points

Location: Villamartin

Joined: 30 Apr 2016

Posted: Mon Sep 4, 2017 7:22pm

You are describing a lock and leave, which is what I have. I have never heard of the residency card being necessary. Don't think this is the case I am liable annually for non resi tax that's all. This is based on the property.

If you can only buy the property in one name. This will mean you only have to complete one tax return, saving you money

Pat73

Posted: Mon Sep 4, 2017 8:42pm

Posts: 10

6 helpful points

Location: Villamartin

Joined: 29 Jun 2017

Posted: Mon Sep 4, 2017 8:42pm

Susan008 wrote on Mon Sep 4, 2017 6:23pm:

Hello,

I am English and my husband is Spanish and we want to buy a property to stay in no longer than 3 months maximum in any one visit. We will still be UK residents but I have been told I will need a Spanish residency card for the property to be in both names, can anybody advise as essentially it will...

... be a holiday home only. We are not looking to leave the UK permanently.

My wife and I are Irish. We are in the middle of buying a property in villamartin. No such issues with residency.I would imagine you wont have either as you are still an EU country ( for the next 2 years or so). I think you get automatic residency if your property is over x amount, about 500,000 euro i think but not sure. However i would suggest, you get your NIE numbers early in the time, as they can take the guts of a month to acquire. Our spanish lawyer seemed to push us towards putting the property in both our names. Maybe the other poster on the thread was right, regarding tax and saving money etc. it would mean more money for the lawyer making the tax return, possibly. either way, the owner / owners will have to make a spanish will, because if the owner of a property in spain dies, the entire spanish estate is taken by the Spanish government.

I would strongly advise you to look up the English consulate / foreign affairs web site or the Irish one for that matter,  and you will find Spanish lawyers in the area closest to where you are buying. the lawyers listed on it, will have background checks done by your government and speak English of course, so you will avoid any cowboys, and recieve good solid advice. I would avoid the legal services some real estate agents provide ( John Wayne territory again)  Also, get a quote from the lawyer first. The consulate website will probably have 2 or 3 lawyers listed in your preferred area.

i can give you the number of our lawyers if you wish. they are based in Torrevieja and Cabo Roig. we found them to be very good. The entire system seems a little slow perhaps, but i think laid back comes with the territory over there. After all, thats why we're moving there in the first place. lol

best of luck

Pat

Ada

Posted: Mon Sep 4, 2017 8:44pm

Ada

Helpful member

Posts: 421

234 helpful points

Location: Rojales

Joined: 4 Nov 2016

Posted: Mon Sep 4, 2017 8:44pm

You do not need Spanish residency for the property to be in both names ask the Gestor they will tell you what is correct and if you are not a fiscal resident you do not have to comlete a tax return.

Susan008

Posted: Mon Sep 4, 2017 9:54pm

Susan008

Original Poster

Posts: 12

1 helpful points

Location: Villajoyosa

Joined: 4 Sep 2017

Posted: Mon Sep 4, 2017 9:54pm

271935 wrote on Mon Sep 4, 2017 7:22pm:

You are describing a lock and leave, which is what I have. I have never heard of the residency card being necessary. Don't think this is the case I am liable annually for non resi tax that's all. This is based on the property.

If you can only buy the property in one name. This will mean you only have to complete one tax return, saving you money...

...

Thank for your advice and quick res

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Susan008

Posted: Mon Sep 4, 2017 9:55pm

Susan008

Original Poster

Posts: 12

1 helpful points

Location: Villajoyosa

Joined: 4 Sep 2017

Posted: Mon Sep 4, 2017 9:55pm

Pat73 wrote on Mon Sep 4, 2017 8:42pm:

My wife and I are Irish. We are in the middle of buying a property in villamartin. No such issues with residency.I would imagine you wont have either as you are still an EU country ( for the next 2 years or so). I think you get automatic residency if your property is over x amount, about 500,000 ...

...euro i think but not sure. However i would suggest, you get your NIE numbers early in the time, as they can take the guts of a month to acquire. Our spanish lawyer seemed to push us towards putting the property in both our names. Maybe the other poster on the thread was right, regarding tax and saving money etc. it would mean more money for the lawyer making the tax return, possibly. either way, the owner / owners will have to make a spanish will, because if the owner of a property in spain dies, the entire spanish estate is taken by the Spanish government.

I would strongly advise you to look up the English consulate / foreign affairs web site or the Irish one for that matter,  and you will find Spanish lawyers in the area closest to where you are buying. the lawyers listed on it, will have background checks done by your government and speak English of course, so you will avoid any cowboys, and recieve good solid advice. I would avoid the legal services some real estate agents provide ( John Wayne territory again)  Also, get a quote from the lawyer first. The consulate website will probably have 2 or 3 lawyers listed in your preferred area.

i can give you the number of our lawyers if you wish. they are based in Torrevieja and Cabo Roig. we found them to be very good. The entire system seems a little slow perhaps, but i think laid back comes with the territory over there. After all, thats why we're moving there in the first place. lol

best of luck

Pat

Thank you for your detailed advice.

Susan008

Posted: Mon Sep 4, 2017 10:32pm

Susan008

Original Poster

Posts: 12

1 helpful points

Location: Villajoyosa

Joined: 4 Sep 2017

Posted: Mon Sep 4, 2017 10:32pm

Ada wrote on Mon Sep 4, 2017 8:44pm:

You do not need Spanish residency for the property to be in both names ask the Gestor they will tell you what is correct and if you are not a fiscal resident you do not have to comlete a tax return.

Thank you

jimtaylor

Posted: Tue Sep 5, 2017 4:31am

jimtaylor

Legendary helpful member

Posts: 5612

8739 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Tue Sep 5, 2017 4:31am

You don't need residencia - in fact, you'd be breaking the law if you applied for it. Similarly, you mustn't sign onto the padron (local electoral roll). All you need is NIEs.

You will need to submit annual tax returns on form 210, and will be charged a nominal amount of tax based on the catastral (land registry) value of the property.

Joint owners need to submit two returns, but the tax is split between them.

Ada

Posted: Tue Sep 5, 2017 7:49am

Ada

Helpful member

Posts: 421

234 helpful points

Location: Rojales

Joined: 4 Nov 2016

Posted: Tue Sep 5, 2017 7:49am

Not totaly correct jim as in Rojales you are told to sign on the padron as it gets more funding for local services as areas with lots of holiday homes miss ot on funding so it depends on the are as to weather you should sign on the padron.

jimtaylor

Posted: Tue Sep 5, 2017 8:04am

jimtaylor

Legendary helpful member

Posts: 5612

8739 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Tue Sep 5, 2017 8:04am

It's illegal to sign on the padron if you're not resident. Some councils allow it because they get more funding from central government - why should they care - it's you who would get prosecuted, not them, if the breach of the law is ever brought to court.

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