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Hi all, we are relocating to Torrevieja next year and are coming to Spain in January for a week. Is there an office or anyone you recommend we speak to regarding information on CGT and inheritance tax.
Thank you.
Where are you relocating from?
marcliff wrote on Fri Nov 29, 2024 4:08pm:
Where are you relocating from?
The UK. My partner is selling his house and we need some legal advice, do you know of any reliable lawyers in Torrevieja? Thanks.
If you are selling in UK and moving to Spain, ensure you sell the property in 2024 and do not take out residency or register as living in Spain until 2025.
You will be liable to CGT and income tax in Spain on your UK property if you become a fiscal resident in the same year. Spain does not do part years for tax purposes and you will pay tax on all worldwide income if you are a resident over 183 days in any one calendar year (Spanish tax year is Jan to Dec same as the calendar year). You will, of course, be liable in UK for 2024 for CGT in 2024 plus all other income if it applies to you.
Becoming resident in Jan 2025 means you simply pay tax for 2025 in your 2026 declaration, any income before 2025 and it won't be declared in Spain and the taxman won't even be bothered about it.
We used Abaco solicitors for our house purchase who were very good but haven't used them for tax purposes so maybe someone could recommend someone for you.
Are you UK passport holders or have you a EU country passport?
Posted: Sat Nov 30, 2024 7:06am
Helpful member
Hi Ret350,
Firstly good luck with the move, this is a fantastic area and I am sure you will be very happy here.
Our Torrevieja-based (La Siesta), fluent English-speaking Spanish bar registered solicitor would be very happy to have a telephone call with you in the first instance to give you the advice you require.
Just give us a call Monday to Friday in the UK on 01903 900257(10-4 GMT) or in Spain 9-4 (CET) on 0034 865 756 058 and we can arrange a suitable time and date for you to have a chat.
Kind regards,
Paul
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Thy Will Be Done wrote on Sat Nov 30, 2024 7:06am:
Hi Ret350,
Firstly good luck with the move, this is a fantastic area and I am sure you will be very happy here.
Read more...
Our Torrevieja-based (La Siesta), fluent English-speaking Spanish bar registered solicitor would be very happy to have a telephone call with you in the first instance to give you the advice you require.
Just give us a call Monday to Friday in the UK on 01903 900257(10-4 GMT) or in Spain 9-4 (CET) on 0034 865 756 058 and we can arrange a suitable time and date for you to have a chat.
Kind regards,
Paul
Thank you very much
marcliff wrote on Fri Nov 29, 2024 5:03pm:
If you are selling in UK and moving to Spain, ensure you sell the property in 2024 and do not take out residency or register as living in Spain until 2025.
You will be liable to CGT and income tax in Spain on your UK property if you become a fiscal resident in the same year. Spain does not do part years for tax purposes and you will pay tax on all worldwide income if you are a resident over 183 days in any one calendar year (Spanish tax year is Jan ...
Read more...
...to Dec same as the calendar year). You will, of course, be liable in UK for 2024 for CGT in 2024 plus all other income if it applies to you.
Becoming resident in Jan 2025 means you simply pay tax for 2025 in your 2026 declaration, any income before 2025 and it won't be declared in Spain and the taxman won't even be bothered about it.
We used Abaco solicitors for our house purchase who were very good but haven't used them for tax purposes so maybe someone could recommend someone for you.
Are you UK passport holders or have you a EU country passport?
So my partner (UK passport) is selling his UK property which we live in. I have an EU passport but we are not married. He can't sell this year but I thought that he could sell within first half of next year and if we move in August he wouldn't become a tax resident in 2025 as would spend less than 183 days in Spain?
Thank you
Yes but your original post said you were moving in January. Move after July and you will not become a tax resident until 2025. Time spent in Spain before July will also be taken into account for determining your tax residency even if you move over and delay official residency until August. You can't, for example, move over in May and wait 3 months before taking out official residency as the time from May would be counted for tax residency purposes.
Spain does not recognise partners as a status. Either marriage or a registered civil union. Not wishing to pry but unless you can prove you have a stable relationship then you cannot claim your partner as a EU dependent. You would need a certificate of cohabitation and many other items of proof to be able to do so. You can register on the EU citizens register but, unless you have documented evidence of Pareja de Hecho, your partner would require a visa to move to Spain as a UK passport holder.
marcliff wrote on Sat Nov 30, 2024 8:37am:
Yes but your original post said you were moving in January. Move after July and you will not become a tax resident until 2025. Time spent in Spain before July will also be taken into account for determining your tax residency even if you move over and delay official residency until August. You ca...
Read more...
...n't, for example, move over in May and wait 3 months before taking out official residency as the time from May would be counted for tax residency purposes.
Spain does not recognise partners as a status. Either marriage or a registered civil union. Not wishing to pry but unless you can prove you have a stable relationship then you cannot claim your partner as a EU dependent. You would need a certificate of cohabitation and many other items of proof to be able to do so. You can register on the EU citizens register but, unless you have documented evidence of Pareja de Hecho, your partner would require a visa to move to Spain as a UK passport holder.
Oh yes sorry my mistake about January, we're only coming over for a week and were hoping to speak to a lawyer whilst there. We are aware that my partner needs a Visa but we might consider a civil partnership.
Thank you for all your information, it's very helpful.
Posted: Sat Nov 30, 2024 11:59am
Helpful member
ret350 wrote on Sat Nov 30, 2024 10:18am:
Oh yes sorry my mistake about January, we're only coming over for a week and were hoping to speak to a lawyer whilst there. We are aware that my partner needs a Visa but we might consider a civil partnership.
Thank you for all your information, it's very helpful.
It was not your mistake - you wrote 1 week in January visit... Move in 2025..
Try to get all your "ducks in a row" and your move will go very easy...
Good Luck..
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