I bought a house with my wife in Spain some years ago. We now have an extended family and want to buy a larger house. I estimate we will make a profit of around Euros 30000 on the sale of that property but will purchase a more expensive house wiping out the profit and spending more on the new property. Whilst I understand we should pay a capital gains tax if we were to walk away without buying another property but will we still have to pay it if we buy another house? We are non resident. I am aged 71 and my wife 64.
Hi there
Unfortunately, the short answer is, as a non resident, yes. CGT in Spain can be quite complex and demands are different depending on residency status. Having fallen foul of this myself, I recommend you seek professional advice 🤪🥂
Posted: Thu Oct 8, 2020 9:42am
Helpful member
my understanding is that if you buy another property within 2 yrs then no CGT is payable
Posted: Thu Oct 8, 2020 9:48am
Legendary helpful member
If you are resident in the UK then you will also be liable for CGT in the UK, calculated on the sterling equivalent of the value when purchased and the sterling equivalent when sold. As there is a dual tax agreement between the two countries, HMRC will take into account any tax paid in Spain when calculating the amount due in the UK. Sadly if you purchased when the exchange rate was good (say €1.50 to £1) the drop in the exchange rate will mean that you have made a considerably higher profit on paper in sterling than in you actually have made in euros.
Because tax is complex, and your own personal situation may produce special circumstances, you do need to seek professional advice both in Spain and in the UK.
warty99 wrote on Thu Oct 8, 2020 9:42am:
my understanding is that if you buy another property within 2 yrs then no CGT is payable
Hi warty
As a non resident, I paid CGT even though I was buying another property. There are some allowances against that payment, but the claimback is within a timescale (quite a short one too). CGT in Spain appears a complex issue which it why it’s advisable the OP should seek professional advise🤪🥂
Advertisement - posts continue below
Posted: Thu Oct 8, 2020 10:40am
Angebadge wrote on Thu Oct 8, 2020 9:53am:
Hi wartyAs a non resident, I paid CGT even though I was buying another property. There are some allowances against that payment, but the claimback is within a timescale (quite a short one too). CGT in Spain appears a complex issue which it why it’s advisable the OP should seek professional advise🤪�...
Read more...
...��
Hello Angebadge
I didn’t think buying another house would be so complex. I’m going to take professional advice on this. Many thanks for your advice.
Posted: Thu Oct 8, 2020 10:43am
warty99 wrote on Thu Oct 8, 2020 9:42am:
my understanding is that if you buy another property within 2 yrs then no CGT is payable
Hi Warty99
Thanks for your input. I hope you are right. That would be a big bonus. Looks like I’ll have to seek professional advice. Once again many thanks.
plawsworth01 wrote on Thu Oct 8, 2020 10:40am:
Hello Angebadge
I didn’t think buying another house would be so complex. I’m going to take professional advice on this. Many thanks for your advice.
😄😄 to say nothing of being expensive! Usually 4-6% of sale price for estate agent, 10-12% plus, on purchase price 🤪🥂
Posted: Thu Oct 8, 2020 10:49am
Davebev1 wrote on Thu Oct 8, 2020 9:48am:
If you are resident in the UK then you will also be liable for CGT in the UK, calculated on the sterling equivalent of the value when purchased and the sterling equivalent when sold. As there is a dual tax agreement between the two countries, HMRC will take into account any tax paid in Spai...
Read more...
...n when calculating the amount due in the UK. Sadly if you purchased when the exchange rate was good (say €1.50 to £1) the drop in the exchange rate will mean that you have made a considerably higher profit on paper in sterling than in you actually have made in euros.
Because tax is complex, and your own personal situation may produce special circumstances, you do need to seek professional advice both in Spain and in the UK.
Hello Davebev1
I confess I never even thought of paying capital gains tax in the UK on the profit from the sale of a Spanish property. I only last week completed my tax return so I’ll have a look at the HMRC notes to see if I can find any information from them. It seems this is a minefield so professional advice is clearly needed. Thanks so much for your advice.
Posted: Thu Oct 8, 2020 10:52am
Angebadge wrote on Thu Oct 8, 2020 10:47am:
😄😄 to say nothing of being expensive! Usually 4-6% of sale price for estate agent, 10-12% plus, on purchase price 🤪🥂
Oh boy......😟