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Sell my house in spain

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Sale (1,180)Rent to Own (866)New Construction (694)
930,000
* €/m2
Tip #1: Home staging your property
113 m2 | 10 bedrooms | 4 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
Thinking about selling your house in Spain? Fine. not sure if this is the right time to sell, you might consider renting out your property instead. Reach European buyers of Real Estate and expand your marketing presence to a global level. To enforce this rule, the Spanish Tax Authority withholds 3% from the sale of your property. This is taken directly from the purchaser so you only receive 97% of the​.

At this point I am undecided whether to sell or to rent. I would like to understand the tax position in the event that I decide to sell the property. The total cost of purchase can include transmission tax, lawyer, notary and registration fees. Is this correct? An official licence was obtained for a minor reform and taxes paid. No structural work was conducted in the reform process.

I understand that there are no allowances that relate to any of the money spent on the reforms when calculating my CGT obligations. The reforms included new kitchen and appliances. Are there any other deductions allowable such as community fees, electricity, local council taxes, when calculating CGT?

Will there be another tax applied to the sale called Plus Valia and is this a tax that I will pay? If so how is it calculated? I understand that all selling fees and lawyers fees can be included in the final CGT tax computation. Are there any other taxes and or items that I have omitted?

Hello Tim, Will try to answer the best as possible below to your queries: 1. Yes, this is correct. The answer is correct there are no allowance for minor works carried out on the property, had it been an New Building and extension of the property with a new Title Deed then this would have been allowed.

No, unfortunately no. Selling feed such as the estate agents commission can be deducted. We believe you included everything in your list. A few queries from an old sea salt. Will gladly reimburse if required for your time and expertise! I have been Non-Resident in Spain since mid I return to Spain during my field-breaks.

Therefore, I am in the UK for approx days out of days. Am I still legally a Non-Resident with around days per year living in Spain? Since August , I have lived in Granada and intend to retire there in when I reach 66 years. When I retire, I believe it will be mandatory to take full residency as my presence in Spain will become permanent. Please can you confirm? My property in Granada was purchased for circa , There is no outstanding mortgage Should I sell my house after 4 to 6 years after retiring and have taken full residency status, I believe I might be exempt from Capital Gains.

Please can you clarify if my reasoning is correct or otherwise? If any profit from the sale of the Granada property was transferred back to the UK, would I be subject to any UK foreign earnings taxes the money would probably be invested into a retirement apartment? We do not know if there will be change of laws when you intend to retire in , but according to todays situation you will have to become resident in Spain if you intend to live permanently in Spain.

According to todays tax situation if you are over the age of 65 years old, you are pensioner, have been resident in Spain for over three years and the property you are selling has been your main residence you willl be exempt of Capital Gains Tax. Dear Sirs As non residents we built a house in spain on ground we already owned.

Property sold end for ,Euros. All paperwork of no value to the purchaser, destroyed in Jan Our Gestoria argued that the property was sold with a house, and despite us no longer having the builders receipts the value of the build was approx E plus costs.

Agencia Tributaria has reassessed the CGT now due at about 41,euros and we are in the process of appealing. We have had to pay 5,thousand euros in April in order to defer payment and appeal and further payments of some 2,thousand euros per month for the next 12 months.

The Agencia has made no ruling as yet, I gather it has 6mths to respond. This means shortly if we receive no ruling, we will have to appeal to a Tribunal to overrule the Agencia and have our payments returned. I am very unwilling to continue to make payments as the amount demanded is patently incorrect. If the Tribunal does not overrule the Agencia, we will not receive any repayments either.

Please can you advise if this is legal that the agencia can invent this CGT due when we provided all the paperwork to the Notary at the time of registration of the property.

This seems to be a false calculation we are being asked to pay.. Dear Jennifer, It is complicated to give you detailed information without seeing the documentation of the property. In these cases it is vital that you have all documentation and paperwork in place and in order, without it is very difficult to claim anything at all from the Agencia Tributaria. Also the registration of the building should have been done before to avoid any possible issues.

We assume you legal team is doing all that is possible with the tools and paperwork they have on the property. Sorry we can not really be of any further assistance. But this was all taken care of when property was sold, what she do? Hello, Thanks for your message. We would need to see all paperwork, taxes paid, and letter of the Tax Authority to be able to asses in this matter. If you wish to send us all documentation on your case you can do so by emailing us at info abacoadvisers.

Dear Miriam. No one seems to be able to confirm. Is the gain on the , euros or euros? Many thanks in advance IAN. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc. We can not do this if you paid by cash and have no VAT receipt. Hi, Our recommendation is to have your solicitor claim the to the buyer and their representative. Hi Anne, Yes unfortunately yes, you will have to pay property tax.

Should you need assistance please contact our colleague Jessica at the following email jsp abacoadvisers.

My husband and I bought an apartment in Spain in for , euros. We want to sell it but it but we will sell it at lost. According to the market value it is worth , euros.

We are non-residents. We have finished paying for the mortgage. We are over 65 years old. How much? Do we have to pay Income tax in the UK? Even though we will not make any profits. Should you need any help in the process please contact us at info abacoadvisers. If you are residents you would pay Tax on your world wide income including the proeprties, there could also be Wealth Tax on top of income Tax.

The rent for the properties has to be declared in the UK as well as in Spain, Tax paid on the rental income is deducted from the Tax to pay here under the double Taxation treaty. Should you have any further queries please do not hesitate to contact us at info abacoadvisers. I am a non resident but have owned a small town house in a village since Would i have to pay any tax as it will be sold for a loss? We currently have an offer on our home in Spain. I am 69 years old and my wife is We have been residents in Spain for the past 8 years and permanent residents for the past 1 year.

Will my wife be liable for CGT on her half of any profit made? This is our only residence, we do not own any other property. Thank you so much. Hi, if we sell our spanish home privately without an estate agent, who pays the solicitors fees, the seller or the buyer.

Hi Janice, The buyer will pay for his solicitor and the seller for his own solicitor, if you have the same solicitor in the process if depends on the agreement you reach. If you have any authority for your answer, that would be greatly appreciated. Hi Kirsten, Thank you for contactin us. For example, is you sell a property for Hi, I have Spanish recidencia and have had for 15 years, but am British.

Am I correct that if you sell your property in Spain but then fully reinvest any profit in further more properties in Spain you do not pay the capital gains tax, because you will be paying the tax on the new property or properties? Because I am paying the tax on 2 new property purchases, would I still have to pay the Capital gains on the profit from the original sale? I was told if profit is reinvested in to the Spanish property market within a 2 year period you do not pay the tax on profit?

Hi Andy, It is correct that if you sell and reinvest any profit you will avoid the capital gains tax, but if you buy two properties you will have to pay capital gains tax as you can not have two different main residences. Hi, we have been living in France for fifteen years, and the plan is to sell our home and enable early retirement by living in rented accomodation in Spain. Trouble is, we have heard that we may be subject to capital gains tax by the Spanish authorities, even though it is our principle home?

Hi Richard, Yes this would be the case, it is always advisable to sell the the year prior to coming to Spain to be a Resident.

Will my wife and her brother be liable for any Taxes or Capital Gains Tax on the property before they become the legal owners of it? If so what amounts are they When they become the legal owners of it , they both aim to sell it asap and she and I will return to the UK, what tax liabilities will there be when the Villa is sold Thank your help Geoff Cherry.

Hi, First they will inherit, they will become owners and will pay Inheritance Tax. The reduction in the Valencia Region is Please do not hesitate to contact us should you have any further queries. I bought land in Spain in with my Husband who died 6 years ago. We were both OAP s when we moved here and my husband was disabled.. We were both Spanish residents but have not paid tax or been asked to do as we only had some money from our British sale.

We have always paid British Tax. Cash price for the land was 40, euros. As I am now disabled and not able to keep the property would like to return to Britain before Britain is totally out of the EU. We built up a small casita, pool and a summer house and kept bills to prove this. As I am 80 years old this year. Thank you for your help. Hello, We are sorry to hear about your situation. Should you request any assistance from us please call us at or email us at info abacoadvisers. Hi I have been sent this regarding being able to reduce the selling price of your property by taking away the balance of the mortgage when you sell.

Hi, In order to be able to obtain relief when selling you residential home to purchase another you must have owned the property and living in the house for over three years as a Tax Resident and be reinvesting the full amount in the new property. If you do not reinvest the full amount then you can only dedduct a percentage. I have received a gift from my parents of a property in Spain.

All taxes are paid there. However, is there anything I would need to declare being a resident myself in the UK? Hi Alejandro, No, you will not need to declare it being a resident in the UK. You will just need to pay your yearly property taxes as non-resident in Spain for the property you have received.

Where can i get a copy. Hi Nadine, You may check at the notary you signed the sale or with the buyers. Hi Roy, In the case the Tax has to be declared here on the H but also under the Double Taxation treaty in their own country deducting any Tax paid here from the Tax to pay there. You will have to declare the sale in the UK and the Tax paid here is deducted from the liability you may have in the UK under the double Taxation treaty.

Hi Oscar, I am considering becoming a Spanish resident before the end of the year. I own a small apartment in the UK which I will keep to use when I travel back to visit. Can you tell me if I will have to declare it and pay any taxes on it each year? I am a non-resident property owner,in Spain,i am Hi Joe, If you sell your property as a non-resident in Spain and you make a profit on the sale, yes you will have to pay Capital Gains Tax.

Toggle navigation. Table of Contents. See all It might be of your interest Calculating capital gains tax in Spain when selling your property Proposals for capital gains tax in the UK Changes to Spanish capital gains tax. Leave a comment. Submit comment. Michael Dawson 1 May, am.

Suzanne O'Connell 2 May, pm. Bernard Wasape 5 May, am. Suzanne O'Connell 8 May, pm. Hi Bernard Hi Bernard Capital Gains is based on the purchase value plus official costs less the sale prices less costs and you are taxed on the difference.

David Larby 6 November, am. Suzanne O'Connell 13 November, am. Joanna Thomas 20 November, am. Many thanks. Suzanne O'Connell 2 December, pm. Dear Joanna Dear Joanna This is quite a complex case and each case such as this must be studied to see if modifications and builders' receipts are acceptable or not.

Martin Osmond 30 December, am. Suzanne O'Connell 1 January, pm. Dear Martin Dear Martin There is no allowance for capital gains tax. Annmarie Newton 30 December, pm. Suzanne O'Connell 5 January, am. Hi Annmarie Hi Annmarie You pay tax on the capital gains made from the difference between the sale price and the purchase price.

Dave murphy 17 January, pm. Suzanne O'Connell 28 January, pm. Hi Dave Hi Dave The costs for the solicitors, agents' fees etc. Harriet Smith 20 January, pm. Suzanne O'Connell 13 February, am. Hi Steve Hi Steve The tax is based on the purchase price plus costs then the sale price less costs and you pay tax on the difference. Suzanne O'Connell 4 March, pm.

Hi Steve Hi Steve Unfortunately, the capital gains is calculated from the date of purchase of the property to the sale. Jacqueline Ramscar 6 February, pm. Hi Jacqueline Hi Jacqueline If you are a tax resident for more than three years and over 65 and you sell your house when you are still a resident then there is no capital gains tax to pay.

Mr vincent rochester 7 February, pm. Suzanne O'Connell 12 February, am. Adrian Barry 15 February, pm. Suzanne O'Connell 22 February, pm. Dear Adrian Dear Adrian If you sell and move to Spain in the same tax year and are here for days then you have to pay capital gains tax here.

Viv 18 February, am. Suzanne O'Connell 18 February, pm. Gans 18 March, pm. Suzanne O'Connell 22 March, pm. Hi Gans Hi Gans Yes, you will have to pay capital gains tax here. John Andrews 25 March, pm. Suzanne O'Connell 31 March, pm. The property has to be The property has to be declared and if there is no capital gain then there is no tax to pay.

David Franklin 28 April, am. Suzanne O'Connell 30 April, am. Chris 4 May, pm. Resident in Spain, with Resident in Spain, with property here. Property in UK that one day I may wish to sell.

Suzanne O'Connell 10 May, pm. Hi Chris Hi Chris No. Suzanne O'Connell 20 May, pm. Hi Carl Hi Carl As a file has been opened the time line of four years is extended. Lynn Elkington 20 May, am.

Suzanne O'Connell 24 May, pm. Suzanne O'Connell 1 June, pm. Hilly P 2 June, pm. Suzanne O'Connell 11 June, pm. Hilly P 9 June, am. Suzanne O'Connell 14 June, pm. Hi Hilly Hi Hilly It would have to be at least one full tax year. Susan Bramley 20 June, am. Suzanne O'Connell 24 June, am. Hi Susan Hi Susan I'm afraid capital gains tax is still payable. Susan Bramley 21 June, am. David Pryor 15 July, pm. Suzanne O'Connell 18 July, pm. Jay 15 July, pm. Suzanne O'Connell 24 July, am.

Gillian Breakwell 22 July, pm. Suzanne O'Connell 25 July, pm. DM 28 July, pm. Hi there Hi there 3. CGT questions for you: 1. Many thanks — congrats on website and forum — very useful and insightful.

Suzanne O'Connell 3 August, pm. Hi Hi To answer your questions: 1. No, the paying off of the mortgage will not influence the CGT 2. David Barton 31 July, am.

Hi David Hi David No. There will also be Plus Valia to pay. Ian walker 2 August, pm. Suzanne O'Connell 7 August, pm. Hi Ian Hi Ian The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year.

Colin 5 August, pm. Suzanne O'Connell 8 August, pm. David 11 August, am. Do I have to complete within that time, or can I place a deposit on a new property? Oscar Paoli 11 November, pm. Facebook , is also a great alternative for advertising your property. Imagine the networking impact of sharing your property with friends and each of these friends to their own network of friends. The current Spanish government has declared a state of emergency till April 15th.

Spain is currently locked down and all real estate viewing are forbidden since Spanish citizens are to stay at home. In Spain, you are not bound to advertise your property through one agent.

You can advertise and sell your property as an owner if you are confident to do so. If you use an estate agent to market your property, ask them in which portals your home will appear. Agents prefer to have your property exclusively advertised through them, since then they are assured they will get their commission. Agent fees vary on the area.

Agents in Marbella, for example, might charge higher fees than inland agents. Do not be alarmed by these high commission fees. If you have a trusted agent you will receive a proper invoice for the commission fee with their tax number CIF or NIF on it, which you can use to deduct it from your capitals gains tax.

In on-line estates agencies have also made their way through in Spain, just like Purplebricks and Doorsteps. Online agents promise to sell your property in record time and normally charge a fixed fee, generally under 1, euros.

Although at the moment most of these agents are most active in the biggest cities Spain, it might be a good alternative for selling your property if you do not want to use a regular estate agent. In our Proptech Map of Spain , we have identified more than 35 on-line agents in Spain.

Although solicitors have to make sure everything is correct, they sometimes take longer than needed.

110,000
* €/m2
274 m2 | 2 bedrooms | 9 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
To enforce this rule, the Spanish Tax Authority withholds 3% from the sale of your property. This is taken directly from the purchaser so you only receive 97% of the​. Facebook groups are also a very powerful medium to list your home for sale. Search for groups such as properties for sale in “your area”. If you are not a good​. Sell, rent as owner, agent. Multi-language listings. Reply to worldwide estate demands.

The period to be eligible for the GCT exception is 3 years at the minimum. My advice would be to gather all official invoices you have incurred for home improvements, solicitors costs etc and even the costs and invoices form your purchase in , since you can deduct all these costs from your CGT.

I do not understand your statement that the selling costs are greater than the purchase price. In the old days more than 5 years ago it was a common practice to buy a property with big sums of B money to avoid paying extra taxes.

Nowadays, it is almost impossible to do that since the tax office will make their calculations and buyers and sellers can get fined for selling at a low price. To do that you would have to make an inventory list. So if you sell it for It can be the case that an agent does not have many properties to offer a client and therefore might look for other partners or collaborating agents to offer the client more properties to choose from.

That is normal, and in these specific cases both agents will split the commission 2. It seems the agent you contacted is trying to profit from buyer and seller, and I would have serious doubts to trust such an agent. If the price in the deeds of your apartment when you bought it in is higher than the price you are selling it for now, then, in theory, you should not have to pay any capital gains tax. I say in theory because the Spanish tax office also has to believe that you are selling it for a lower price, otherwise, you can expect to receive a fine, but hopefully, I hope that does not happen.

The thing is that you bought the apartment during the crisis and since then Spanish property prices have gone up, but the tax office sees that differently. The tax office calculates the value of your apartment and takes many things into consideration. The walls are also taken to increase the m2 surface as well as a small percentage of communal grounds, such as pools, gardens, etc… There is no guarantee that if you appeal against the tax office you will get your euros back.

Anyway, you need to prove that your apartment was sold for the actual selling price at the time you bought it. Bear in mind that a solicitor will also cost you money, probably in the region of euros. If you decide to appeal, the tax office will inspect the sale and any other sales on that complex and there might be that some apartments were sold or have been sold for If that is not the case you have a good chance getting of your money back.

So you have to calculate that on top. For example: Selling price It is indeed very frustrating that the Spanish tax office takes a very long time to pay out refunds.

I know firsthand that in some cases it takes up to 3 years and more. Many foreign sellers just forget about it and close their Spanish back account and that money stays in the tax office. The frustrating part is that in most cases it is not worth it going to a solicitor for this since it is not more than 5. Important: If you closed your Spanish bank account you need to give a power of attorney to your solicitor so that they can reclaim the money back for you.

So only you are eligible for this exception in this specific scenario. For your wife to avoid paying CGT a smart thing can also be to reinvest the profit by purchasing another property in Spain. For example, buying a smaller or cheaper property. By reinvesting your profit you are also exempt from paying CGT. Hope that helps. Kind regards Robbert. Share this Article. We sold our house feb which we had lived in over 15 years.

We do not like living in the apartment and want to sell. Purchase price selling price maybe euro we know we may have some capital gains to pay. My question if we buy a static caravan on Residential Park Site near Antequera euro monthly community fee euro.

Will this be classed as buying another home avoiding the retention fee. Regards Trevor Dear Trevor, We are not totally sure we understand your question about the retention.

Greetings from Malaga, I am 69 and my wife is 55 years old and we both are Spanish residents. We lived in our house for 22 years and we are now selling our house. Am I exempt from paying capital gains tax for only half the selling value and responsible for paying tax on the other half because my wife is not 65 yet?

Thanks in advance. Is this correct? We are non-residents in Spain. Thank you in advance. I overheard someone talking about a new rule in Spain which is that the bank now is the one paying notary fees and other costs when buying a property in the country. Is that really true? We are in the process of purchasing a property in Spain.

We have paid the deposit and everything appears to be going through. We are living in England and paying the price in pounds to an English Bank as the sellers are English. We agreed on on a price at euro rate to the pound some months ago, but this has now fallen.

However, we have just been sent a list of legal retentions that must be paid by the sellers. However, this long list -Spanish capital gains, plusvalia, estate agent pending fees, pool declaration costs is being added up and converted from euros to pounds and we are expected to deduct this off the sellers selling price for the property and transfer the money to Spain in euros. The fall in the pound, plus transfer fees is going to cost us a lot of extra money. Is this right?

Your guidance on this would be helpful The exchange rate should be the rate on the day of the purchase to avoid further discussions about this. It was left in a will. The solicitor told us it was sold but now we cant get in contact with him. We have tried calling, emailing, WhatsApp but no response. What should we do next?

How long does it take for seller to receive money after completion of sale? Hello, We bought a villa in We paid showing clearly on our escritura Euros , and Plus Valia Euros 60, So we actually paid euros , approximately. Now in we are selling at gross euros , Please — will capital gains profit tax be levied on us at , or ,?

Namely, our cost for current tax liability purposes was K or K? At the time of signing, how does it work that we would have already paid off Do we just agree between seller and buyer that the house is being bought for Also, am I correct in assuming the buyer pays no estate agent fees?

Hi, We live in Mallorca in a house purchased by my husband 11 years ago. He is non-resident, works overseas for more than 6 months of the year. This is our main home. What tax implications when selling? Thank you You would have to pay quite a lot of Capital Gains tax since you made quite a lot of profit. I am a resident of the USA and live in California. My mother who was born and raised in Spain passed away recently.

In her will, she transferred ownership of a piece of property she owned to my brothers and I. We are now on title for the property and we want to sell it to a family member in Spain or list it on the open market we want to do this remotely and not have to come up to Spain for this transaction. We want to understand what the market value is for the property so we think the best way forward is to get a fair market value opinion from 2 to 3 agents who work in that part of Spain.

Once we have a number for the fair market value we can then discuss a purchase price with our cousin or we may decide to list it on the open market.

What is the best way to start this process? And do you think we need more than one opinion from a real estate agent as to what the fair market value is? If we decide to sell to our family member we will, of course, save quite a bit on the commissions so if we decide to go that route I am assuming that all we would need is an attorney to help with the transaction? We bought a property for k euros in and are now selling at 85k!

So we will have to pay a large amount even though we have lost money! Is there anything we can do about this? We believe the lady went to prison! Thanks, Sandy Sadly enough you cannot undo what the selling amount is in the escritura of , since you signed for it by power of attorney.

Are there any other options for her? Hi there, in your article you do not mention that the buyer also has to pay Estate agency fee. Would you be able to explain in what areas of Spain they follow similar practice? Thank you Charging the buyer is not a common practice in Spain and many foreign buyers are led to believe otherwise. The estate agent was Derryl from Undiscovered Spain and her partner Diego.

I have asked for paperwork but have received nothing so far and they are becoming elusive, what can I do? Is there a law that ensures I should have a copy of all paperwork? Presumably, this is to avoid those astronomical fees. If you are happy to advertise and show people around yourself, and surely your solicitor would deal with the invoices for CGT calculations anyway? Thank you. Dear Robert, Thank you for your excellent answers.

Now we have a question. We are thinking of selling our apartment in Malaga province. We bought the property in for approx euros and the selling price is now We want to buy a property in Torremolinos reinvest for the same amount. However, if we have to pay CGT it means we can only afford to buy a property of approx euro. Is there anything we can do to be exempt from the CGT Our situation Sole owner — a permanent address in DK Owner since non-resident living in Spain for just under 6 months a year.

Chronic health issues improved by Spanish weather conditions. We own our own property which we completed the purchase on the 2nd July for , We are selling the apartment for , We will then be investing all the funds into a property in the UK although it may not be straight away as we need to find something. Please could you advise if we would need to pay Capital Gains Tax and how it works. On our calculations it would be about 10 grand which we would not be lost should we not be able to get it back knowing Spain!

If this is the case I suppose it would be better to wait until after 2nd July to sell? Your advice on this matter would be greatly appreciated. I should mention we are tax residents. I would like to sell my house in Tenerife, It was bought by my mother in for 6 million pesetas, and we lived there as a family until her death in when I inherited the house.

The deeds were changed over to my name and the property was valued at This then gives the new total value to be I will certainly buy a new property, but would probably only invest half of the sale amount, and may possibly not live in it for over three years. Any help would be appreciated. We are both well over 65 and wish to sell our villa which we have lived in for 12years, and return to UK to buy a property to live in would there be any problem transferring to money to UK When you sell your house in Spain you will have to pay your taxes in Spain and next year you will have to do your income tax declaration in Spain.

Hi, is it legal for a buyer to claim for maintenance costs after the sale has completed? We sold a property in Spain last September, the buyers had a walk through to see how everything worked five days before completion and at the time I showed them how the aircon worked and it was working fine.

One thing that has stunned us is the estate agency fees, compared to the UK which I know for a fact are very very low, mainly because of online sales, our eldest son works in this field but even so have never been at the rates that are charged here, how do they get away with it, it is not as if you get shiny posh brochures these days, everything is online, there can be no justification for this, so my next question is Can you report these high fees to an ombudsman, or do we just suck it up like zillions of others, if I was younger and more computer literate I would do it my self, but alas like most of us because of the hassle and language factor must put ourselves at the mercy of the rip off merchants.

I am selling a property in Spain. I inherited it from my brother who died. All taxes were paid to both the British and Spanish authorities. I am selling the house and have bought a new built property nearby.

The buyers solicitors are asking to retain money. I have paid all bills ,taxes and everything that needs to be done in Spain to sell a property. There is nothing that I have not done.

Why is the buyers solicitors insisting on retaining an amount of euros. I see no reason for it. I even reduced the price to sell. Please give me your advice. We are residents in Lanzarote having moved here in March we bought a property in May this is our only property. We are considering moving back to the Uk and would like to know our selling costs.

We can see the costs for non residents but not for residents! When and if we move we will be buying a property in the UK.

Hello I had a question about definition of being resident in my house. I currently have NIE status and live just under 6 months a year at my house in Spain. I am 66 years of age. Would I still be exempt from Capital Gains Tax in the event of selling my property? Because of the long ownership the selling cost is much greater than the purchase price I paid. Will I have to pay the full CGT. The property is in the Malaga district. Is this normal practice as I thought it was always the Seller who pays this fee?

I bought a studio apartment 9 years ago it is now worth less than when I bought it. Is the the only only tax payable?. We are in the process of We are in the process of selling our only house which is in the uk. When it sells I plan on taking early retirement and immediately moving to Spain. I am 51 and my wife is The cgt that seems liable will completely change these plans.

Are there no easy solutions? The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year. Since we purchased, exchange rates plummeted as well as the property market. Would I be liable for any tax? Capital Gains Tax is due on the profit made on all property sales in Spain. This is a legal requirement when Non-Residents sell property.

To calculate this profit we need firstly to ascertain your original purchase price. We do this by. I was resident in Spain. I I was resident in Spain. What is the time scale to reinvest the gain in a new property to avoid CGT? Hi David, The time scale for reinvestment is normally 2 years, this would have been declared in the Tax delcaration where you would have promised the amount to be reinvested. I have a question regarding Property Capital Gains Tax: Can a Non-Resident profit from a roll-over relief if the sale proceeds are re-invested in another property in another part of Spain?

Hello, No, unfortunately this is only for residents in Spain that sell their main property and where they have lived permanently at least 3 years. At this point I am undecided whether to sell or to rent. I would like to understand the tax position in the event that I decide to sell the property. The total cost of purchase can include transmission tax, lawyer, notary and registration fees. Is this correct? An official licence was obtained for a minor reform and taxes paid. No structural work was conducted in the reform process.

I understand that there are no allowances that relate to any of the money spent on the reforms when calculating my CGT obligations. The reforms included new kitchen and appliances.

Are there any other deductions allowable such as community fees, electricity, local council taxes, when calculating CGT? Will there be another tax applied to the sale called Plus Valia and is this a tax that I will pay? If so how is it calculated? I understand that all selling fees and lawyers fees can be included in the final CGT tax computation. Are there any other taxes and or items that I have omitted?

Hello Tim, Will try to answer the best as possible below to your queries: 1. Yes, this is correct. The answer is correct there are no allowance for minor works carried out on the property, had it been an New Building and extension of the property with a new Title Deed then this would have been allowed.

No, unfortunately no. Selling feed such as the estate agents commission can be deducted. We believe you included everything in your list. A few queries from an old sea salt. Will gladly reimburse if required for your time and expertise! I have been Non-Resident in Spain since mid I return to Spain during my field-breaks. Therefore, I am in the UK for approx days out of days. Am I still legally a Non-Resident with around days per year living in Spain? Since August , I have lived in Granada and intend to retire there in when I reach 66 years.

When I retire, I believe it will be mandatory to take full residency as my presence in Spain will become permanent. Please can you confirm? My property in Granada was purchased for circa , There is no outstanding mortgage Should I sell my house after 4 to 6 years after retiring and have taken full residency status, I believe I might be exempt from Capital Gains. Please can you clarify if my reasoning is correct or otherwise? If any profit from the sale of the Granada property was transferred back to the UK, would I be subject to any UK foreign earnings taxes the money would probably be invested into a retirement apartment?

We do not know if there will be change of laws when you intend to retire in , but according to todays situation you will have to become resident in Spain if you intend to live permanently in Spain. According to todays tax situation if you are over the age of 65 years old, you are pensioner, have been resident in Spain for over three years and the property you are selling has been your main residence you willl be exempt of Capital Gains Tax.

Dear Sirs As non residents we built a house in spain on ground we already owned. Property sold end for ,Euros. All paperwork of no value to the purchaser, destroyed in Jan Our Gestoria argued that the property was sold with a house, and despite us no longer having the builders receipts the value of the build was approx E plus costs.

Agencia Tributaria has reassessed the CGT now due at about 41,euros and we are in the process of appealing. We have had to pay 5,thousand euros in April in order to defer payment and appeal and further payments of some 2,thousand euros per month for the next 12 months. The Agencia has made no ruling as yet, I gather it has 6mths to respond. This means shortly if we receive no ruling, we will have to appeal to a Tribunal to overrule the Agencia and have our payments returned. I am very unwilling to continue to make payments as the amount demanded is patently incorrect.

If the Tribunal does not overrule the Agencia, we will not receive any repayments either. Please can you advise if this is legal that the agencia can invent this CGT due when we provided all the paperwork to the Notary at the time of registration of the property. This seems to be a false calculation we are being asked to pay.. Dear Jennifer, It is complicated to give you detailed information without seeing the documentation of the property.

In these cases it is vital that you have all documentation and paperwork in place and in order, without it is very difficult to claim anything at all from the Agencia Tributaria. Also the registration of the building should have been done before to avoid any possible issues. We assume you legal team is doing all that is possible with the tools and paperwork they have on the property.

Sorry we can not really be of any further assistance. But this was all taken care of when property was sold, what she do? Hello, Thanks for your message. We would need to see all paperwork, taxes paid, and letter of the Tax Authority to be able to asses in this matter.

If you wish to send us all documentation on your case you can do so by emailing us at info abacoadvisers. Dear Miriam. No one seems to be able to confirm.

Is the gain on the , euros or euros? Many thanks in advance IAN. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc. We can not do this if you paid by cash and have no VAT receipt. Hi, Our recommendation is to have your solicitor claim the to the buyer and their representative.

Hi Anne, Yes unfortunately yes, you will have to pay property tax. Should you need assistance please contact our colleague Jessica at the following email jsp abacoadvisers. My husband and I bought an apartment in Spain in for , euros. We want to sell it but it but we will sell it at lost. According to the market value it is worth , euros.

We are non-residents. We have finished paying for the mortgage. We are over 65 years old. How much? Do we have to pay Income tax in the UK? Even though we will not make any profits. Should you need any help in the process please contact us at info abacoadvisers.

If you are residents you would pay Tax on your world wide income including the proeprties, there could also be Wealth Tax on top of income Tax. The rent for the properties has to be declared in the UK as well as in Spain, Tax paid on the rental income is deducted from the Tax to pay here under the double Taxation treaty. Should you have any further queries please do not hesitate to contact us at info abacoadvisers.

I am a non resident but have owned a small town house in a village since Would i have to pay any tax as it will be sold for a loss? We currently have an offer on our home in Spain.

I am 69 years old and my wife is We have been residents in Spain for the past 8 years and permanent residents for the past 1 year. Will my wife be liable for CGT on her half of any profit made?

This is our only residence, we do not own any other property. Thank you so much. Hi, if we sell our spanish home privately without an estate agent, who pays the solicitors fees, the seller or the buyer.

Hi Janice, The buyer will pay for his solicitor and the seller for his own solicitor, if you have the same solicitor in the process if depends on the agreement you reach.

If you have any authority for your answer, that would be greatly appreciated. Hi Kirsten, Thank you for contactin us. For example, is you sell a property for Hi, I have Spanish recidencia and have had for 15 years, but am British. Am I correct that if you sell your property in Spain but then fully reinvest any profit in further more properties in Spain you do not pay the capital gains tax, because you will be paying the tax on the new property or properties?

Because I am paying the tax on 2 new property purchases, would I still have to pay the Capital gains on the profit from the original sale? I was told if profit is reinvested in to the Spanish property market within a 2 year period you do not pay the tax on profit? Hi Andy, It is correct that if you sell and reinvest any profit you will avoid the capital gains tax, but if you buy two properties you will have to pay capital gains tax as you can not have two different main residences.

Hi, we have been living in France for fifteen years, and the plan is to sell our home and enable early retirement by living in rented accomodation in Spain.

Trouble is, we have heard that we may be subject to capital gains tax by the Spanish authorities, even though it is our principle home? Hi Richard, Yes this would be the case, it is always advisable to sell the the year prior to coming to Spain to be a Resident.

Will my wife and her brother be liable for any Taxes or Capital Gains Tax on the property before they become the legal owners of it? If so what amounts are they When they become the legal owners of it , they both aim to sell it asap and she and I will return to the UK, what tax liabilities will there be when the Villa is sold Thank your help Geoff Cherry. Hi, First they will inherit, they will become owners and will pay Inheritance Tax.

The reduction in the Valencia Region is Please do not hesitate to contact us should you have any further queries. I bought land in Spain in with my Husband who died 6 years ago. We were both OAP s when we moved here and my husband was disabled.. We were both Spanish residents but have not paid tax or been asked to do as we only had some money from our British sale. We have always paid British Tax. Cash price for the land was 40, euros.

As I am now disabled and not able to keep the property would like to return to Britain before Britain is totally out of the EU. We built up a small casita, pool and a summer house and kept bills to prove this. As I am 80 years old this year. Thank you for your help.

Hello, We are sorry to hear about your situation. Should you request any assistance from us please call us at or email us at info abacoadvisers. Hi I have been sent this regarding being able to reduce the selling price of your property by taking away the balance of the mortgage when you sell.

Hi, In order to be able to obtain relief when selling you residential home to purchase another you must have owned the property and living in the house for over three years as a Tax Resident and be reinvesting the full amount in the new property.

If you do not reinvest the full amount then you can only dedduct a percentage. I have received a gift from my parents of a property in Spain.

All taxes are paid there. However, is there anything I would need to declare being a resident myself in the UK? Hi Alejandro, No, you will not need to declare it being a resident in the UK. You will just need to pay your yearly property taxes as non-resident in Spain for the property you have received. Where can i get a copy. Hi Nadine, You may check at the notary you signed the sale or with the buyers. Hi Roy, In the case the Tax has to be declared here on the H but also under the Double Taxation treaty in their own country deducting any Tax paid here from the Tax to pay there.

You will have to declare the sale in the UK and the Tax paid here is deducted from the liability you may have in the UK under the double Taxation treaty. Hi Oscar, I am considering becoming a Spanish resident before the end of the year. I own a small apartment in the UK which I will keep to use when I travel back to visit. Can you tell me if I will have to declare it and pay any taxes on it each year?

I am a non-resident property owner,in Spain,i am Hi Joe, If you sell your property as a non-resident in Spain and you make a profit on the sale, yes you will have to pay Capital Gains Tax. Toggle navigation. Table of Contents. See all It might be of your interest Calculating capital gains tax in Spain when selling your property Proposals for capital gains tax in the UK Changes to Spanish capital gains tax.

Leave a comment. Submit comment. Michael Dawson 1 May, am. Suzanne O'Connell 2 May, pm. Bernard Wasape 5 May, am. Suzanne O'Connell 8 May, pm. Hi Bernard Hi Bernard Capital Gains is based on the purchase value plus official costs less the sale prices less costs and you are taxed on the difference. David Larby 6 November, am. Suzanne O'Connell 13 November, am. Joanna Thomas 20 November, am.

Many thanks. Suzanne O'Connell 2 December, pm. Dear Joanna Dear Joanna This is quite a complex case and each case such as this must be studied to see if modifications and builders' receipts are acceptable or not. Martin Osmond 30 December, am. Suzanne O'Connell 1 January, pm. Dear Martin Dear Martin There is no allowance for capital gains tax. Annmarie Newton 30 December, pm. Suzanne O'Connell 5 January, am.

Hi Annmarie Hi Annmarie You pay tax on the capital gains made from the difference between the sale price and the purchase price. Dave murphy 17 January, pm. Suzanne O'Connell 28 January, pm. Hi Dave Hi Dave The costs for the solicitors, agents' fees etc.

Harriet Smith 20 January, pm. Suzanne O'Connell 13 February, am. Hi Steve Hi Steve The tax is based on the purchase price plus costs then the sale price less costs and you pay tax on the difference. Suzanne O'Connell 4 March, pm. Hi Steve Hi Steve Unfortunately, the capital gains is calculated from the date of purchase of the property to the sale.

Jacqueline Ramscar 6 February, pm. Hi Jacqueline Hi Jacqueline If you are a tax resident for more than three years and over 65 and you sell your house when you are still a resident then there is no capital gains tax to pay.

Mr vincent rochester 7 February, pm. Suzanne O'Connell 12 February, am. Adrian Barry 15 February, pm. Suzanne O'Connell 22 February, pm. Dear Adrian Dear Adrian If you sell and move to Spain in the same tax year and are here for days then you have to pay capital gains tax here. Viv 18 February, am. Suzanne O'Connell 18 February, pm. Gans 18 March, pm. Suzanne O'Connell 22 March, pm. Hi Gans Hi Gans Yes, you will have to pay capital gains tax here.

John Andrews 25 March, pm. Suzanne O'Connell 31 March, pm. The property has to be The property has to be declared and if there is no capital gain then there is no tax to pay.

David Franklin 28 April, am. Suzanne O'Connell 30 April, am. Chris 4 May, pm. Resident in Spain, with Resident in Spain, with property here. Property in UK that one day I may wish to sell. Suzanne O'Connell 10 May, pm. Hi Chris Hi Chris No. Suzanne O'Connell 20 May, pm. Hi Carl Hi Carl As a file has been opened the time line of four years is extended. Lynn Elkington 20 May, am. Suzanne O'Connell 24 May, pm. Suzanne O'Connell 1 June, pm. Hilly P 2 June, pm. Suzanne O'Connell 11 June, pm. Hilly P 9 June, am.

Suzanne O'Connell 14 June, pm. Hi Hilly Hi Hilly It would have to be at least one full tax year. Susan Bramley 20 June, am. Suzanne O'Connell 24 June, am. Hi Susan Hi Susan I'm afraid capital gains tax is still payable. Susan Bramley 21 June, am. David Pryor 15 July, pm. Suzanne O'Connell 18 July, pm. Jay 15 July, pm. Suzanne O'Connell 24 July, am. Gillian Breakwell 22 July, pm.

203,000
* €/m2
264 m2 | 4 bedrooms | 2 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
How do I sell my property with Houses In Spain? Share this page. Reach European buyers of Real Estate and expand your marketing presence to a global level. We buy houses inland Spain as well as the Spanish Costas, but they must have the I am often in Spain looking for the right properties to add to my portfolio.

However, international bank transfers might take days to complete, and in some cases, banks can retain the funds for 1 week or so. That is a very odd situation since normally the plusvalia is paid by the seller. Do you have a receipt for this 60k payment? In a normal situation, taxes are usually calculated from the amount presented in the escritura. From reading the first page of the deeds, it says that all the costs arising from the sale are to be paid by the buyer except the Plusvalia which is for the seller.

Having concluded that, the 60K is not the plusvalia, then it must be another payment. Do you remember if you paid this amount in cash? It also can be a downpayment you made or b money. I say this because I know that up to 5 years ago it used to be a regular practice to pay amounts in B to avoid paying extra taxes. It also can be that the estate agents or intermediary took this 60k and declared only a selling price of K, which regrettably also happens quite often. In that case the seller only got k and could have been unaware that you paid K.

Anyway, see if you can find the official receipt for the 60k. This is risky because in the meantime the seller can mortgage the property and you can be left with a property that has debt on it.

In the contract, I would declare the full It is indeed correct for the solicitor to charge you euros. The solicitor acts on your behalf and has to check if what you are buying is in order and maybe negotiate some points with the seller or the other solicitor.

For example, if the property is furnished there might be an inventory list etc and a portion of the selling price can be allocated to furniture in order to pay fewer taxes for example…The solicitor also has to calculate expenses prepare the option contract, etc…. So it is only reasonable your solicitor charges you euros. On the downside, solicitors can be very strict and can discuss endlessly with the other party which can create irritations and eventually the sale might fall through.

You would have to pay quite a lot of Capital Gains tax since you made quite a lot of profit. Sorry to hear about your mother. I would not use an estate agent to have the property appraised since the market price they quote might be unreliable. A good starting point would be to look at similar listings in for example idealista. You can just indeed use an attorney to handle the sale since selling a property in Spain is not that straightforward as it is in the US.

Sadly enough you cannot undo what the selling amount is in the escritura of , since you signed for it by power of attorney. Normally the Spanish tax office would give the property a higher selling valuation and sends out fine for it, which would decrease the amount you have to pay for CGT.

I presume this has not happened and thus you will probably need to pay around 11k euros only on CGT if you sell at 85k. Make sure to gather any official invoices on any costs incurred related to the property, e. Normally in each community, there are meetings where these things are discussed and it is advisable to go to these.

My advice would be to talk to the president of the community or administrator and explain the situation. Charging the buyer is not a common practice in Spain and many foreign buyers are led to believe otherwise. It is the seller that pays the commission from the money that was paid for the sale of the property. However, sometimes the agent can receive a portion of their commission when signing the option contract for their assurance should the sale fall through.

So my advice would be to make sure you know about the commission distribution and percentage in advance before dealing with any agent and preferably have that in writing to avoid any surprises. Thank you for your question. Since you did not make any profit you probably do not have to pay CGT.

The Spanish tax office often takes its time to give you back the money left after paying all taxes. Ask also for any other copies of the papers related to the sale. Hopefully, you also have the invoice of the euro commission and any other paper that can give you a clue as to where the other euros are. Were you there at the notary when the sale was completed? I say that because I have seen cases where the estate agent had sold the property for a different price and has kept the difference.

I am not saying this is the case, but it has happened before. You can also find out directly from the buyer what price they actually paid for since it seems quite odd that you paid You will probably have to go to the town hall and tax office to find exactly what has happened and if your taxes have already been paid or not, what was the exact amount that was paid and when do you expect to get any refunds and how much it is.

You certainly have a point there. You can do both, sell privately and through 1 or more agents, why not. You can, for example, try to sell it privately first for a couple of months and then decide to go through an agent. I would advise, however, to quote the same price for all clients, even if they come through an agent.

It is also not fair for the agent to have your property listed for a lower price privately and is not a motivating factor for them either and your goal is ultimately to sell the property. Some agents might also have a client database that they can ring up to see if they are interested in your property and that is a good thing since it increases your chances of selling it.

I am afraid you will still have to pay CGT since the property in Spain is not your primary residence. On top of that, if the reinvested amount is less than the total amount received in the transfer, only the proportional part of the capital gain obtained that corresponds to the amount reinvested will be excluded from taxation. But this only in case your property in Spain is your primary residence.

I would definitely wait after 2nd July to sell your property. Anyway, you can already advertise it and start to make the arrangments to move back to the UK, since selling your property might take longer than expected.

But I would recommend, if you find a buyer, to have the completion signed after the 2nd of July. I assume the property you own in Spain is your primary residence and you both are owners and are above If that is the case you do not need to pay CGT if you sell after 3 years, and you will only have to pay the municipal plusvalia, the estate agent and solicitor if you have any.

Inheriting a property is much like buying a property when it comes to paying CGT. In your case you will have to pay CGT from the moment you inherited the property since all taxes were already paid when you inherited the property.

I am a little bit confused as to how another property, in this case and old finca, could be added to the deeds. I imagine it was an old ruin on the premises which was reformed. You might only be able to deduct half of that if you are planning to reinvest by buying another property that is half the value of your sold property.

When you sell your house in Spain you will have to pay your taxes in Spain and next year you will have to do your income tax declaration in Spain. You can transfer the money to your bank account in the UK, but for the tax declaration, you will have to declare your UK bank account. When transferring the money to the UK it is also a good idea to see what exchange rate your bank is charging, it is sometimes a smart move to use a currency broker to transfer your funds to the UK since that can also save you thousands of pounds.

Just a quick reply to your question. In Spain when you buy a house it is wysiwyg what you see is what you get. The airconditioning is not even part of the physical structure of the house and it is not possible to claim form any damages. Only in some extreme cases would the buyer be able to claim for structural construction damages, eg: buildings affected by aluminosis the degeneration of cement used in construction.

Rest assured that they will also not spend money on a solicitor for euros and it is only a scare tactic. So the best thing you can do is ignore it. I know it is outrageous what some agents charge. There even are agents that charge commission from both buyer and seller. The problem is that the profession of estate agent is not regulated in Spain and everybody with as little as a mobile phone can call himself estate agent.

However, many agents do a good job, but because of the fierce competition in the field and the long time it takes to sell a house in Spain on average 10 months agents are sometimes forced to charge these high commissions to prevent going out of business. Nevertheless, it feels indeed very injust compared to the fees in the UK. On the positive side a proper agent will give you an invoice for selling your property, which you can use to deduct from your capital gains tax, but in your specific case, you do not have to pay CGT since you already meet the exception criteria.

There is, however, a growing group of agents that sell property for a fixed fee, which might be of your interest. I have gathered a list of these on-line agents in Spain. When buying a new home, it very much depends on your situation and the region in Spain you are going to buy in. Hopefully, you both have your primary residence set in Spain for more than 3 years, since then you would be exempted from paying capital gains tax.

When buying another property in Spain, you will have to pay your regular buying taxes as explained in this article. Just to make sure ask the buyers solicitor if its for that. Otherwise, I see no reason why you should pay anything else. All other taxes are the same for both residents and non-residents. The period to be eligible for the GCT exception is 3 years at the minimum. My advice would be to gather all official invoices you have incurred for home improvements, solicitors costs etc and even the costs and invoices form your purchase in , since you can deduct all these costs from your CGT.

I do not understand your statement that the selling costs are greater than the purchase price. In the old days more than 5 years ago it was a common practice to buy a property with big sums of B money to avoid paying extra taxes. Nowadays, it is almost impossible to do that since the tax office will make their calculations and buyers and sellers can get fined for selling at a low price. To do that you would have to make an inventory list.

So if you sell it for It can be the case that an agent does not have many properties to offer a client and therefore might look for other partners or collaborating agents to offer the client more properties to choose from. That is normal, and in these specific cases both agents will split the commission 2. It seems the agent you contacted is trying to profit from buyer and seller, and I would have serious doubts to trust such an agent.

If the price in the deeds of your apartment when you bought it in is higher than the price you are selling it for now, then, in theory, you should not have to pay any capital gains tax. I say in theory because the Spanish tax office also has to believe that you are selling it for a lower price, otherwise, you can expect to receive a fine, but hopefully, I hope that does not happen. The thing is that you bought the apartment during the crisis and since then Spanish property prices have gone up, but the tax office sees that differently.

The tax office calculates the value of your apartment and takes many things into consideration. The walls are also taken to increase the m2 surface as well as a small percentage of communal grounds, such as pools, gardens, etc… There is no guarantee that if you appeal against the tax office you will get your euros back.

Anyway, you need to prove that your apartment was sold for the actual selling price at the time you bought it. Bear in mind that a solicitor will also cost you money, probably in the region of euros. If you decide to appeal, the tax office will inspect the sale and any other sales on that complex and there might be that some apartments were sold or have been sold for If that is not the case you have a good chance getting of your money back. So you have to calculate that on top.

For example: Selling price It is indeed very frustrating that the Spanish tax office takes a very long time to pay out refunds. I know firsthand that in some cases it takes up to 3 years and more. Many foreign sellers just forget about it and close their Spanish back account and that money stays in the tax office.

The frustrating part is that in most cases it is not worth it going to a solicitor for this since it is not more than 5.

Important: If you closed your Spanish bank account you need to give a power of attorney to your solicitor so that they can reclaim the money back for you. So only you are eligible for this exception in this specific scenario.

For your wife to avoid paying CGT a smart thing can also be to reinvest the profit by purchasing another property in Spain. For example, buying a smaller or cheaper property. By reinvesting your profit you are also exempt from paying CGT. Hope that helps. Kind regards Robbert. Share this Article. We sold our house feb which we had lived in over 15 years. We do not like living in the apartment and want to sell.

Purchase price selling price maybe euro we know we may have some capital gains to pay. My question if we buy a static caravan on Residential Park Site near Antequera euro monthly community fee euro. Will this be classed as buying another home avoiding the retention fee. Regards Trevor Dear Trevor, We are not totally sure we understand your question about the retention. Greetings from Malaga, I am 69 and my wife is 55 years old and we both are Spanish residents.

We lived in our house for 22 years and we are now selling our house. Am I exempt from paying capital gains tax for only half the selling value and responsible for paying tax on the other half because my wife is not 65 yet?

Thanks in advance. Is this correct? We are non-residents in Spain. Thank you in advance. I overheard someone talking about a new rule in Spain which is that the bank now is the one paying notary fees and other costs when buying a property in the country.

Is that really true? We are in the process of purchasing a property in Spain. We have paid the deposit and everything appears to be going through. We are living in England and paying the price in pounds to an English Bank as the sellers are English. We agreed on on a price at euro rate to the pound some months ago, but this has now fallen.

However, we have just been sent a list of legal retentions that must be paid by the sellers. However, this long list -Spanish capital gains, plusvalia, estate agent pending fees, pool declaration costs is being added up and converted from euros to pounds and we are expected to deduct this off the sellers selling price for the property and transfer the money to Spain in euros.

The fall in the pound, plus transfer fees is going to cost us a lot of extra money. Is this right? Your guidance on this would be helpful The exchange rate should be the rate on the day of the purchase to avoid further discussions about this. It was left in a will. The solicitor told us it was sold but now we cant get in contact with him. We have tried calling, emailing, WhatsApp but no response. What should we do next?

How long does it take for seller to receive money after completion of sale? Hello, We bought a villa in Considering the property slump, many people will not actually have made a profit from the sale of their home in Spain. However, if you are in the fortunate position of making a profit on the sale, then Spanish CGT can be a big issue. Advisably, you should consult an expert to avoid possible complications. This was reduced to a standard levy from However, if more is required then you will need to provide the extra.

In order to collect any refund, you need to complete the form H. You should submit this form within three months of the sale, along with the last four years of non-resident income tax returns. From the date that you present the documents, you should allow around a year to receive the refund. If you are a resident you must declare CGT on your annual tax declaration. The Spanish Tax Authority will charge capital gains tax according to your overall annual income.

There are possible exemptions from capital gains tax if you are a resident. These include:. Furthermore, if you are selling a property in another country within the EU and you are a resident in Spain, you must declare the CGT when you make your resident tax declaration in June.

This declaration covers your income from the previous year. Capital gains tax is calculated with the purchase price as written on the Title Deed with some extra costs including:. This is then deducted from the final sale figure less costs incurred during the sale, including legal fees:. Although you can deduct purchasing and selling expenses, you should note that this does not apply to any other debts or mortgages that you have.

Furthermore, until January , the Spanish Tax Authority took inflation into account when calculating capital gains tax. However, this is no longer the case. This means that some people are paying significantly more CGT. Firstly, it is important to ensure that you have the correct building licences for any changes that you have made. These will also need to have been recorded at the Land Registry. When you register the changes there will be a revaluation of how much the property is worth that should bring it more in line with your selling price.

As with most taxes, being aware of what to expect helps you plan accordingly. Furthermore, as many people who live in Spain know, Spanish bureaucracy can be particularly challenging. We can give you the advice you need in the language of your choice. Miriam Amat. My wife and I have been tax My wife and I have been tax resident in Spain for over three years and have sold our UK property in We are both over 65 years of age.

Are we exempt capital gains tax on the sale of our UK property that was our main home for 22 years before moving to Spain? I'm afraid you won't be exempt as this was not your residential home when you sold it.

Capital Gains is based on the purchase value plus official costs less the sale prices less costs and you are taxed on the difference.

We are selling our main residence in the UK and buying our main residence there for around euros, as we will NOT be resident in Spain when we sell our house, we are moving AFTER it is sold we will not be resident for tax purposes or will we. Please help. Provided the sale of the property in the UK is done in the year before you come to Spain to live, then you will not be liable for CGT here.

So, if you sell in and do not come to Spain as residents until there will be no CGT. However, if you sell in and become residents in Spain in the same year, there will be. What would it be if I were resident and not in anyway exempt from CGT?

This is quite a complex case and each case such as this must be studied to see if modifications and builders' receipts are acceptable or not.

If you are a non-resident of Spain then you do not pay capital gain tax here for the sale of a property in the UK. We rented out the house 3 years ago, moved to Spain and are now Spanish tax residents. How much CG tax would Spain want if we sold now? You pay tax on the capital gains made from the difference between the sale price and the purchase price. This is classed as income that is declared on your annual tax declaration.

The percentage depends on your tax declaration and the rest of your income. When calculating cgt on the When calculating cgt on the sale of your property in Tenerife, can you consider the agents purchase and selling fees? Also having replaced all doors and windows, new kitchen, bathroom, and tiles throughout, can you consider these costs when calculating cgt taxes? The costs for the solicitors, agents' fees etc.

You would have to get local advice on other costs and would need official receipts for these too. You can deduct usually for some improvements but not for wear and tear costs. Hello, Hello, My aunt has a second home in spain and lives there a few months of the year but is a tax payer in the uk where she is a resident.

She is selling her spanish property and thought she would pay CGT in the uk on the profit but now isnt sure if its actually due in spain? Any advice? Under the double taxation treaty the tax paid here can be deducted from any liability in the UK.

I presume I need a valuation on the date I became resident, rather than basing the gain on the original cost price when I was a UK resident. The tax is based on the purchase price plus costs then the sale price less costs and you pay tax on the difference. Hi Suzanne. Thanks for your Hi Suzanne. Thanks for your reply. The key part of my query related to the date I became a Spanish Resident. Surely the Spanish gain is solely the element from the value of my property at the point I became a Spanish resident, rather than the original cost where I was a UK resident?

In which case, I would need to get a property valuation at the date I left the UK?? Unfortunately, the capital gains is calculated from the date of purchase of the property to the sale. When you became a resident makes no difference.

If a Spanish resident and tax If a Spanish resident and tax resident for more than 3 years and over 65 and you sell your house to return to uk do you have to purchase another property can you just return to uk with the money from your sale. If you are a tax resident for more than three years and over 65 and you sell your house when you are still a resident then there is no capital gains tax to pay.

However, you must still complete the tax declaration for that year as a resident. Hi, I am completing on a Hi, I am completing on a villa in Alicante at the end of June, I am selling my UK house but might not complete untill August, would it be best to wait untill January to become resident in Spain and just be non resident for the rest of this year and just stay for the 90 days to advoid Capital Gains Tax.

Thank you. Hi, We are currently planning Hi, We are currently planning on selling our family home this year in Ireland and moving to Spain. I saw in one of your earlier comments if we move in the same year that we sell our home we are liable for CGT. However in Ireland If you spend days or more in Ireland over a period of two consecutive tax years, you will be regarded as resident for the second tax year which applies to us. Does this supersede Spanish tax law to leave us with no liability as we will not be deemed tax resident?

We are planning on moving in May to enrol our kids in school but if we need to ensure that we are not in the country for more than days than we will have to move in mid July. I appreciate your help on this. Many Thanks. If you sell and move to Spain in the same tax year and are here for days then you have to pay capital gains tax here. It's better to sell in Ireland and not come to Spain until the following year. How much will I have to pay? I have not been a Spanish resident.

I am a resident in Spain for I am a resident in Spain for more than a year, and I am selling a small property Urban Land, no building on it; price is less than 50K Euros that I have had for more than 20 years in my country of birth, outside the EU, i.

Do I have to pay a tax here in Spain? Thanks for your help. If I am resident in Spain and If I am resident in Spain and sell a property back in UK that has no capital gain is there any tax to pay at all?

The property has to be declared and if there is no capital gain then there is no tax to pay. I sold my house in the uk I sold my house in the uk before moving to spain intending to become resident but because of not being able to settle only stayed in our spanish villa for less than 6 months at a time over a 2 year period using it as a holiday home. When returning to the uk residing with my daughter. We have now sold in spain intending to re-invest the proceeds for our main residence in the uk.

Are we liable for CGT. Am I right in thinking the way to reduce the CGT would be to return, live in the property one year and then sell it there as first resident.

Is that right? For it to be your residential home you would have had to have lived in it for three years prior to the sale. You would not be residents in Spain as the property is in the UK. I am shocked by this because I have never received any form of notice from the Spanish authorities. I was 67 when I sold the Spanish house and then bought my home in the UK several months later.

Is there not a time limit to claim for CGT claims? Thanks in adavance. As a file has been opened the time line of four years is extended. Any idea how much this will be and when may I be likely to receive it. And if so, who do I pay it to? If not, then there is a fine. I am resident in spain and I am resident in spain and have a property in the Uk that I bought 25 years ago so the gain on it is huge about k.

My principal home is now in spain. This will be the value of purchase plus costs, value of sale less costs and then an allowance for the time if purchased before Then you deduct any tax paid in the UK under the double taxation treaty. If we move back to the UK, for how long after our return to the UK are sales of UK property affected by spanish capital gains please? We have lived in Spain for 12 We have lived in Spain for 12 months and now considering selling our UK property which we rent out.

We only purchased the property in and not sure if CGT is payable because we have only owned the property since that date. We are non residents. Our solicitor has chased the tax office but to no avail. Is the tax office in Spain accountable to anyone? Is there a phone number or email address available for non Spanish speakers to raise queries? Any advice would be gratefully received. It can take a long time for the Tax Office to process this.

There is no number for non-Spanish speakers. The telephone number for non-residents in Madrid is 91 but for earlier presentations you will have to go in person to the corresponding office in the capital of the province and arrange an appointment as no information is given by phone. We already own a small house in Spain which we plan to keep.

We now want to buy a 2nd property in Spain. Our aim is to move to spain and use the new property as our primary residence and become residents. Have I got it right that it would be best for us to wait until before becoming residents in Spain? Thanks for any advice. Who tells us how much capital Who tells us how much capital gains tax we need to pay when we sell our garage space in Spain and how is it collected. This is a legal requirement when non-residents sell property.

To calculate this profit you need firstly to ascertain your original purchase price. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc , thereby reducing the final sale price. Now you have your original purchase price and your final sale figure, so we can work out your net profit and calculate your Capital Gains Tax liability.

In either case, Form H is submitted to the Tax Office, either claiming the outstanding balance or enclosing payment for the sum owed. I own a UK property that has doubled in value since I bought it back in The outstanding mortgage is important to know that this is factored in as I have quite a bit left to pay off that will be paid off with the sale albeit that there will still be CGT to pay due to increase. I am currently renting here in Spain and looking to buy a house here. Further to point 2, can I buy here in Spain first and then sell later the UK property and still benefit from this relief?

This is a complex issue. However, you would normally have to be a tax resident for 3 years before any benefits can be obtained. Hi Hi We are saleing our Spainish property that we have own for approximately 1year. As we understand it there will be cgt on any profit at the rate of 19 per cent. Is the the only only tax payable?.

We are in the process of We are in the process of selling our only house which is in the uk. When it sells I plan on taking early retirement and immediately moving to Spain. I am 51 and my wife is The cgt that seems liable will completely change these plans. Are there no easy solutions? The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year.

Since we purchased, exchange rates plummeted as well as the property market. Would I be liable for any tax? Capital Gains Tax is due on the profit made on all property sales in Spain. This is a legal requirement when Non-Residents sell property. To calculate this profit we need firstly to ascertain your original purchase price. We do this by. I was resident in Spain. I I was resident in Spain. What is the time scale to reinvest the gain in a new property to avoid CGT?

Hi David, The time scale for reinvestment is normally 2 years, this would have been declared in the Tax delcaration where you would have promised the amount to be reinvested. I have a question regarding Property Capital Gains Tax: Can a Non-Resident profit from a roll-over relief if the sale proceeds are re-invested in another property in another part of Spain?

Hello, No, unfortunately this is only for residents in Spain that sell their main property and where they have lived permanently at least 3 years.

At this point I am undecided whether to sell or to rent. I would like to understand the tax position in the event that I decide to sell the property. The total cost of purchase can include transmission tax, lawyer, notary and registration fees. Is this correct? An official licence was obtained for a minor reform and taxes paid. No structural work was conducted in the reform process.

I understand that there are no allowances that relate to any of the money spent on the reforms when calculating my CGT obligations.

The reforms included new kitchen and appliances. Are there any other deductions allowable such as community fees, electricity, local council taxes, when calculating CGT? Will there be another tax applied to the sale called Plus Valia and is this a tax that I will pay? If so how is it calculated? I understand that all selling fees and lawyers fees can be included in the final CGT tax computation.

Are there any other taxes and or items that I have omitted? Hello Tim, Will try to answer the best as possible below to your queries: 1. Yes, this is correct. The answer is correct there are no allowance for minor works carried out on the property, had it been an New Building and extension of the property with a new Title Deed then this would have been allowed. No, unfortunately no.

Selling feed such as the estate agents commission can be deducted. We believe you included everything in your list. A few queries from an old sea salt.

Will gladly reimburse if required for your time and expertise! I have been Non-Resident in Spain since mid I return to Spain during my field-breaks. Therefore, I am in the UK for approx days out of days. Am I still legally a Non-Resident with around days per year living in Spain? Since August , I have lived in Granada and intend to retire there in when I reach 66 years. When I retire, I believe it will be mandatory to take full residency as my presence in Spain will become permanent.

Please can you confirm? My property in Granada was purchased for circa , There is no outstanding mortgage Should I sell my house after 4 to 6 years after retiring and have taken full residency status, I believe I might be exempt from Capital Gains. Please can you clarify if my reasoning is correct or otherwise? If any profit from the sale of the Granada property was transferred back to the UK, would I be subject to any UK foreign earnings taxes the money would probably be invested into a retirement apartment?

We do not know if there will be change of laws when you intend to retire in , but according to todays situation you will have to become resident in Spain if you intend to live permanently in Spain. According to todays tax situation if you are over the age of 65 years old, you are pensioner, have been resident in Spain for over three years and the property you are selling has been your main residence you willl be exempt of Capital Gains Tax.

Dear Sirs As non residents we built a house in spain on ground we already owned. Property sold end for ,Euros. All paperwork of no value to the purchaser, destroyed in Jan Our Gestoria argued that the property was sold with a house, and despite us no longer having the builders receipts the value of the build was approx E plus costs.

Agencia Tributaria has reassessed the CGT now due at about 41,euros and we are in the process of appealing. We have had to pay 5,thousand euros in April in order to defer payment and appeal and further payments of some 2,thousand euros per month for the next 12 months. The Agencia has made no ruling as yet, I gather it has 6mths to respond. This means shortly if we receive no ruling, we will have to appeal to a Tribunal to overrule the Agencia and have our payments returned.

I am very unwilling to continue to make payments as the amount demanded is patently incorrect. If the Tribunal does not overrule the Agencia, we will not receive any repayments either. Please can you advise if this is legal that the agencia can invent this CGT due when we provided all the paperwork to the Notary at the time of registration of the property.

This seems to be a false calculation we are being asked to pay.. Dear Jennifer, It is complicated to give you detailed information without seeing the documentation of the property. In these cases it is vital that you have all documentation and paperwork in place and in order, without it is very difficult to claim anything at all from the Agencia Tributaria. Also the registration of the building should have been done before to avoid any possible issues.

We assume you legal team is doing all that is possible with the tools and paperwork they have on the property. Sorry we can not really be of any further assistance. But this was all taken care of when property was sold, what she do? Hello, Thanks for your message. We would need to see all paperwork, taxes paid, and letter of the Tax Authority to be able to asses in this matter. If you wish to send us all documentation on your case you can do so by emailing us at info abacoadvisers.

Dear Miriam. No one seems to be able to confirm. Is the gain on the , euros or euros? Many thanks in advance IAN. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc. We can not do this if you paid by cash and have no VAT receipt. Hi, Our recommendation is to have your solicitor claim the to the buyer and their representative.

Hi Anne, Yes unfortunately yes, you will have to pay property tax. Should you need assistance please contact our colleague Jessica at the following email jsp abacoadvisers.

My husband and I bought an apartment in Spain in for , euros. We want to sell it but it but we will sell it at lost. According to the market value it is worth , euros.

We are non-residents.

711,000
* €/m2
149 m2 | 7 bedrooms | 7 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
Very useful tips for non residents selling property in Spain, covering and due to you being a Non Resident, the buyer of your property will be. When you decide to sell your property the first thing you need to do is ensure that your house is ready to sell, you need to stop looking at it as your home and. Sell, rent as owner, agent. Multi-language listings. Reply to worldwide estate demands.

Would i have to pay any tax as it will be sold for a loss? We currently have an offer on our home in Spain. I am 69 years old and my wife is We have been residents in Spain for the past 8 years and permanent residents for the past 1 year. Will my wife be liable for CGT on her half of any profit made? This is our only residence, we do not own any other property.

Thank you so much. Hi, if we sell our spanish home privately without an estate agent, who pays the solicitors fees, the seller or the buyer. Hi Janice, The buyer will pay for his solicitor and the seller for his own solicitor, if you have the same solicitor in the process if depends on the agreement you reach. If you have any authority for your answer, that would be greatly appreciated.

Hi Kirsten, Thank you for contactin us. For example, is you sell a property for Hi, I have Spanish recidencia and have had for 15 years, but am British. Am I correct that if you sell your property in Spain but then fully reinvest any profit in further more properties in Spain you do not pay the capital gains tax, because you will be paying the tax on the new property or properties?

Because I am paying the tax on 2 new property purchases, would I still have to pay the Capital gains on the profit from the original sale? I was told if profit is reinvested in to the Spanish property market within a 2 year period you do not pay the tax on profit? Hi Andy, It is correct that if you sell and reinvest any profit you will avoid the capital gains tax, but if you buy two properties you will have to pay capital gains tax as you can not have two different main residences.

Hi, we have been living in France for fifteen years, and the plan is to sell our home and enable early retirement by living in rented accomodation in Spain. Trouble is, we have heard that we may be subject to capital gains tax by the Spanish authorities, even though it is our principle home?

Hi Richard, Yes this would be the case, it is always advisable to sell the the year prior to coming to Spain to be a Resident. Will my wife and her brother be liable for any Taxes or Capital Gains Tax on the property before they become the legal owners of it?

If so what amounts are they When they become the legal owners of it , they both aim to sell it asap and she and I will return to the UK, what tax liabilities will there be when the Villa is sold Thank your help Geoff Cherry. Hi, First they will inherit, they will become owners and will pay Inheritance Tax.

The reduction in the Valencia Region is Please do not hesitate to contact us should you have any further queries. I bought land in Spain in with my Husband who died 6 years ago. We were both OAP s when we moved here and my husband was disabled..

We were both Spanish residents but have not paid tax or been asked to do as we only had some money from our British sale. We have always paid British Tax. Cash price for the land was 40, euros.

As I am now disabled and not able to keep the property would like to return to Britain before Britain is totally out of the EU. We built up a small casita, pool and a summer house and kept bills to prove this. As I am 80 years old this year. Thank you for your help.

Hello, We are sorry to hear about your situation. Should you request any assistance from us please call us at or email us at info abacoadvisers. Hi I have been sent this regarding being able to reduce the selling price of your property by taking away the balance of the mortgage when you sell.

Hi, In order to be able to obtain relief when selling you residential home to purchase another you must have owned the property and living in the house for over three years as a Tax Resident and be reinvesting the full amount in the new property. If you do not reinvest the full amount then you can only dedduct a percentage. I have received a gift from my parents of a property in Spain. All taxes are paid there.

However, is there anything I would need to declare being a resident myself in the UK? Hi Alejandro, No, you will not need to declare it being a resident in the UK. You will just need to pay your yearly property taxes as non-resident in Spain for the property you have received.

Where can i get a copy. Hi Nadine, You may check at the notary you signed the sale or with the buyers. Hi Roy, In the case the Tax has to be declared here on the H but also under the Double Taxation treaty in their own country deducting any Tax paid here from the Tax to pay there. You will have to declare the sale in the UK and the Tax paid here is deducted from the liability you may have in the UK under the double Taxation treaty. Hi Oscar, I am considering becoming a Spanish resident before the end of the year.

I own a small apartment in the UK which I will keep to use when I travel back to visit. Can you tell me if I will have to declare it and pay any taxes on it each year? I am a non-resident property owner,in Spain,i am Hi Joe, If you sell your property as a non-resident in Spain and you make a profit on the sale, yes you will have to pay Capital Gains Tax.

Toggle navigation. Table of Contents. See all It might be of your interest Calculating capital gains tax in Spain when selling your property Proposals for capital gains tax in the UK Changes to Spanish capital gains tax. Leave a comment.

Submit comment. Michael Dawson 1 May, am. Suzanne O'Connell 2 May, pm. Bernard Wasape 5 May, am. Suzanne O'Connell 8 May, pm. Hi Bernard Hi Bernard Capital Gains is based on the purchase value plus official costs less the sale prices less costs and you are taxed on the difference.

David Larby 6 November, am. Suzanne O'Connell 13 November, am. Joanna Thomas 20 November, am. Many thanks. Suzanne O'Connell 2 December, pm. Dear Joanna Dear Joanna This is quite a complex case and each case such as this must be studied to see if modifications and builders' receipts are acceptable or not. Martin Osmond 30 December, am. Suzanne O'Connell 1 January, pm. Dear Martin Dear Martin There is no allowance for capital gains tax. Annmarie Newton 30 December, pm.

Suzanne O'Connell 5 January, am. Hi Annmarie Hi Annmarie You pay tax on the capital gains made from the difference between the sale price and the purchase price. Dave murphy 17 January, pm. Suzanne O'Connell 28 January, pm. Hi Dave Hi Dave The costs for the solicitors, agents' fees etc.

Harriet Smith 20 January, pm. Suzanne O'Connell 13 February, am. Hi Steve Hi Steve The tax is based on the purchase price plus costs then the sale price less costs and you pay tax on the difference. Suzanne O'Connell 4 March, pm. Hi Steve Hi Steve Unfortunately, the capital gains is calculated from the date of purchase of the property to the sale.

Jacqueline Ramscar 6 February, pm. Hi Jacqueline Hi Jacqueline If you are a tax resident for more than three years and over 65 and you sell your house when you are still a resident then there is no capital gains tax to pay.

Mr vincent rochester 7 February, pm. Suzanne O'Connell 12 February, am. Adrian Barry 15 February, pm. Suzanne O'Connell 22 February, pm. Dear Adrian Dear Adrian If you sell and move to Spain in the same tax year and are here for days then you have to pay capital gains tax here.

Viv 18 February, am. Suzanne O'Connell 18 February, pm. Gans 18 March, pm. Suzanne O'Connell 22 March, pm. Hi Gans Hi Gans Yes, you will have to pay capital gains tax here. John Andrews 25 March, pm. Suzanne O'Connell 31 March, pm.

The property has to be The property has to be declared and if there is no capital gain then there is no tax to pay.

David Franklin 28 April, am. Suzanne O'Connell 30 April, am. Chris 4 May, pm. Resident in Spain, with Resident in Spain, with property here. Property in UK that one day I may wish to sell. Suzanne O'Connell 10 May, pm. Hi Chris Hi Chris No. Suzanne O'Connell 20 May, pm.

Hi Carl Hi Carl As a file has been opened the time line of four years is extended. Lynn Elkington 20 May, am. Suzanne O'Connell 24 May, pm. Suzanne O'Connell 1 June, pm. Hilly P 2 June, pm. Suzanne O'Connell 11 June, pm. Hilly P 9 June, am. Suzanne O'Connell 14 June, pm.

Hi Hilly Hi Hilly It would have to be at least one full tax year. Susan Bramley 20 June, am. Suzanne O'Connell 24 June, am. Hi Susan Hi Susan I'm afraid capital gains tax is still payable. Susan Bramley 21 June, am. David Pryor 15 July, pm. Suzanne O'Connell 18 July, pm. Jay 15 July, pm. Suzanne O'Connell 24 July, am. Gillian Breakwell 22 July, pm. Suzanne O'Connell 25 July, pm. DM 28 July, pm. Hi there Hi there 3. CGT questions for you: 1. Many thanks — congrats on website and forum — very useful and insightful.

Suzanne O'Connell 3 August, pm. Hi Hi To answer your questions: 1. No, the paying off of the mortgage will not influence the CGT 2. David Barton 31 July, am. Hi David Hi David No. There will also be Plus Valia to pay.

Ian walker 2 August, pm. Suzanne O'Connell 7 August, pm. Hi Ian Hi Ian The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year. Colin 5 August, pm. Suzanne O'Connell 8 August, pm. David 11 August, am. Do I have to complete within that time, or can I place a deposit on a new property? Oscar Paoli 11 November, pm. Mrs Glenda Pennell 3 October, pm. Oscar Paoli 7 October, am. No, in this case you will not need to do so.

Neary Rama 10 October, am. You have also quite a big range of portals that focus more on international buyers. Our Spanishestate. Facebook , is also a great alternative for advertising your property. Imagine the networking impact of sharing your property with friends and each of these friends to their own network of friends. The current Spanish government has declared a state of emergency till April 15th. Spain is currently locked down and all real estate viewing are forbidden since Spanish citizens are to stay at home.

In Spain, you are not bound to advertise your property through one agent. You can advertise and sell your property as an owner if you are confident to do so. If you use an estate agent to market your property, ask them in which portals your home will appear.

Agents prefer to have your property exclusively advertised through them, since then they are assured they will get their commission. Agent fees vary on the area. For example, if the property is furnished there might be an inventory list etc and a portion of the selling price can be allocated to furniture in order to pay fewer taxes for example…The solicitor also has to calculate expenses prepare the option contract, etc….

So it is only reasonable your solicitor charges you euros. On the downside, solicitors can be very strict and can discuss endlessly with the other party which can create irritations and eventually the sale might fall through. You would have to pay quite a lot of Capital Gains tax since you made quite a lot of profit. Sorry to hear about your mother. I would not use an estate agent to have the property appraised since the market price they quote might be unreliable.

A good starting point would be to look at similar listings in for example idealista. You can just indeed use an attorney to handle the sale since selling a property in Spain is not that straightforward as it is in the US. Sadly enough you cannot undo what the selling amount is in the escritura of , since you signed for it by power of attorney. Normally the Spanish tax office would give the property a higher selling valuation and sends out fine for it, which would decrease the amount you have to pay for CGT.

I presume this has not happened and thus you will probably need to pay around 11k euros only on CGT if you sell at 85k.

Make sure to gather any official invoices on any costs incurred related to the property, e. Normally in each community, there are meetings where these things are discussed and it is advisable to go to these. My advice would be to talk to the president of the community or administrator and explain the situation.

Charging the buyer is not a common practice in Spain and many foreign buyers are led to believe otherwise. It is the seller that pays the commission from the money that was paid for the sale of the property. However, sometimes the agent can receive a portion of their commission when signing the option contract for their assurance should the sale fall through.

So my advice would be to make sure you know about the commission distribution and percentage in advance before dealing with any agent and preferably have that in writing to avoid any surprises. Thank you for your question. Since you did not make any profit you probably do not have to pay CGT. The Spanish tax office often takes its time to give you back the money left after paying all taxes.

Ask also for any other copies of the papers related to the sale. Hopefully, you also have the invoice of the euro commission and any other paper that can give you a clue as to where the other euros are. Were you there at the notary when the sale was completed?

I say that because I have seen cases where the estate agent had sold the property for a different price and has kept the difference. I am not saying this is the case, but it has happened before. You can also find out directly from the buyer what price they actually paid for since it seems quite odd that you paid You will probably have to go to the town hall and tax office to find exactly what has happened and if your taxes have already been paid or not, what was the exact amount that was paid and when do you expect to get any refunds and how much it is.

You certainly have a point there. You can do both, sell privately and through 1 or more agents, why not. You can, for example, try to sell it privately first for a couple of months and then decide to go through an agent.

I would advise, however, to quote the same price for all clients, even if they come through an agent. It is also not fair for the agent to have your property listed for a lower price privately and is not a motivating factor for them either and your goal is ultimately to sell the property.

Some agents might also have a client database that they can ring up to see if they are interested in your property and that is a good thing since it increases your chances of selling it. I am afraid you will still have to pay CGT since the property in Spain is not your primary residence. On top of that, if the reinvested amount is less than the total amount received in the transfer, only the proportional part of the capital gain obtained that corresponds to the amount reinvested will be excluded from taxation.

But this only in case your property in Spain is your primary residence. I would definitely wait after 2nd July to sell your property. Anyway, you can already advertise it and start to make the arrangments to move back to the UK, since selling your property might take longer than expected. But I would recommend, if you find a buyer, to have the completion signed after the 2nd of July.

I assume the property you own in Spain is your primary residence and you both are owners and are above If that is the case you do not need to pay CGT if you sell after 3 years, and you will only have to pay the municipal plusvalia, the estate agent and solicitor if you have any.

Inheriting a property is much like buying a property when it comes to paying CGT. In your case you will have to pay CGT from the moment you inherited the property since all taxes were already paid when you inherited the property. I am a little bit confused as to how another property, in this case and old finca, could be added to the deeds. I imagine it was an old ruin on the premises which was reformed. You might only be able to deduct half of that if you are planning to reinvest by buying another property that is half the value of your sold property.

When you sell your house in Spain you will have to pay your taxes in Spain and next year you will have to do your income tax declaration in Spain.

You can transfer the money to your bank account in the UK, but for the tax declaration, you will have to declare your UK bank account. When transferring the money to the UK it is also a good idea to see what exchange rate your bank is charging, it is sometimes a smart move to use a currency broker to transfer your funds to the UK since that can also save you thousands of pounds.

Just a quick reply to your question. In Spain when you buy a house it is wysiwyg what you see is what you get. The airconditioning is not even part of the physical structure of the house and it is not possible to claim form any damages.

Only in some extreme cases would the buyer be able to claim for structural construction damages, eg: buildings affected by aluminosis the degeneration of cement used in construction. Rest assured that they will also not spend money on a solicitor for euros and it is only a scare tactic. So the best thing you can do is ignore it.

I know it is outrageous what some agents charge. There even are agents that charge commission from both buyer and seller. The problem is that the profession of estate agent is not regulated in Spain and everybody with as little as a mobile phone can call himself estate agent. However, many agents do a good job, but because of the fierce competition in the field and the long time it takes to sell a house in Spain on average 10 months agents are sometimes forced to charge these high commissions to prevent going out of business.

Nevertheless, it feels indeed very injust compared to the fees in the UK. On the positive side a proper agent will give you an invoice for selling your property, which you can use to deduct from your capital gains tax, but in your specific case, you do not have to pay CGT since you already meet the exception criteria. There is, however, a growing group of agents that sell property for a fixed fee, which might be of your interest.

I have gathered a list of these on-line agents in Spain. When buying a new home, it very much depends on your situation and the region in Spain you are going to buy in. Hopefully, you both have your primary residence set in Spain for more than 3 years, since then you would be exempted from paying capital gains tax. When buying another property in Spain, you will have to pay your regular buying taxes as explained in this article.

Just to make sure ask the buyers solicitor if its for that. Otherwise, I see no reason why you should pay anything else. All other taxes are the same for both residents and non-residents. The period to be eligible for the GCT exception is 3 years at the minimum. My advice would be to gather all official invoices you have incurred for home improvements, solicitors costs etc and even the costs and invoices form your purchase in , since you can deduct all these costs from your CGT.

I do not understand your statement that the selling costs are greater than the purchase price. In the old days more than 5 years ago it was a common practice to buy a property with big sums of B money to avoid paying extra taxes. Nowadays, it is almost impossible to do that since the tax office will make their calculations and buyers and sellers can get fined for selling at a low price.

To do that you would have to make an inventory list. So if you sell it for It can be the case that an agent does not have many properties to offer a client and therefore might look for other partners or collaborating agents to offer the client more properties to choose from.

That is normal, and in these specific cases both agents will split the commission 2. It seems the agent you contacted is trying to profit from buyer and seller, and I would have serious doubts to trust such an agent.

If the price in the deeds of your apartment when you bought it in is higher than the price you are selling it for now, then, in theory, you should not have to pay any capital gains tax. I say in theory because the Spanish tax office also has to believe that you are selling it for a lower price, otherwise, you can expect to receive a fine, but hopefully, I hope that does not happen.

The thing is that you bought the apartment during the crisis and since then Spanish property prices have gone up, but the tax office sees that differently. The tax office calculates the value of your apartment and takes many things into consideration.

The walls are also taken to increase the m2 surface as well as a small percentage of communal grounds, such as pools, gardens, etc… There is no guarantee that if you appeal against the tax office you will get your euros back. Anyway, you need to prove that your apartment was sold for the actual selling price at the time you bought it. Bear in mind that a solicitor will also cost you money, probably in the region of euros. If you decide to appeal, the tax office will inspect the sale and any other sales on that complex and there might be that some apartments were sold or have been sold for If that is not the case you have a good chance getting of your money back.

So you have to calculate that on top. For example: Selling price It is indeed very frustrating that the Spanish tax office takes a very long time to pay out refunds. I know firsthand that in some cases it takes up to 3 years and more.

Many foreign sellers just forget about it and close their Spanish back account and that money stays in the tax office. The frustrating part is that in most cases it is not worth it going to a solicitor for this since it is not more than 5.

Important: If you closed your Spanish bank account you need to give a power of attorney to your solicitor so that they can reclaim the money back for you. So only you are eligible for this exception in this specific scenario.

For your wife to avoid paying CGT a smart thing can also be to reinvest the profit by purchasing another property in Spain. For example, buying a smaller or cheaper property.

368,000
* €/m2
141 m2 | 10 bedrooms | 5 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
If you want to sell property in Spain quickly then contact us today. Put your Property in Spain front of our database of Cash Buyers. all types of property so if you have a villa in Malaga, an apartment in Barcelona, a house in Madrid, a plot of. Documentation needed when selling a house in Spain: Should you trust Fuster & Associates to complete the sale of your property in Spain, our. Thinking about selling your house in Spain? Fine. not sure if this is the right time to sell, you might consider renting out your property instead.

Hi Joe, If you sell your property as a non-resident in Spain and you make a profit on the sale, yes you will have to pay Capital Gains Tax.

Toggle navigation. Table of Contents. See all It might be of your interest Calculating capital gains tax in Spain when selling your property Proposals for capital gains tax in the UK Changes to Spanish capital gains tax. Leave a comment. Submit comment. Michael Dawson 1 May, am. Suzanne O'Connell 2 May, pm. Bernard Wasape 5 May, am. Suzanne O'Connell 8 May, pm. Hi Bernard Hi Bernard Capital Gains is based on the purchase value plus official costs less the sale prices less costs and you are taxed on the difference.

David Larby 6 November, am. Suzanne O'Connell 13 November, am. Joanna Thomas 20 November, am. Many thanks. Suzanne O'Connell 2 December, pm. Dear Joanna Dear Joanna This is quite a complex case and each case such as this must be studied to see if modifications and builders' receipts are acceptable or not. Martin Osmond 30 December, am. Suzanne O'Connell 1 January, pm. Dear Martin Dear Martin There is no allowance for capital gains tax. Annmarie Newton 30 December, pm.

Suzanne O'Connell 5 January, am. Hi Annmarie Hi Annmarie You pay tax on the capital gains made from the difference between the sale price and the purchase price. Dave murphy 17 January, pm. Suzanne O'Connell 28 January, pm. Hi Dave Hi Dave The costs for the solicitors, agents' fees etc. Harriet Smith 20 January, pm. Suzanne O'Connell 13 February, am.

Hi Steve Hi Steve The tax is based on the purchase price plus costs then the sale price less costs and you pay tax on the difference. Suzanne O'Connell 4 March, pm. Hi Steve Hi Steve Unfortunately, the capital gains is calculated from the date of purchase of the property to the sale. Jacqueline Ramscar 6 February, pm. Hi Jacqueline Hi Jacqueline If you are a tax resident for more than three years and over 65 and you sell your house when you are still a resident then there is no capital gains tax to pay.

Mr vincent rochester 7 February, pm. Suzanne O'Connell 12 February, am. Adrian Barry 15 February, pm. Suzanne O'Connell 22 February, pm. Dear Adrian Dear Adrian If you sell and move to Spain in the same tax year and are here for days then you have to pay capital gains tax here. Viv 18 February, am. Suzanne O'Connell 18 February, pm. Gans 18 March, pm. Suzanne O'Connell 22 March, pm. Hi Gans Hi Gans Yes, you will have to pay capital gains tax here.

John Andrews 25 March, pm. Suzanne O'Connell 31 March, pm. The property has to be The property has to be declared and if there is no capital gain then there is no tax to pay.

David Franklin 28 April, am. Suzanne O'Connell 30 April, am. Chris 4 May, pm. Resident in Spain, with Resident in Spain, with property here. Property in UK that one day I may wish to sell. Suzanne O'Connell 10 May, pm. Hi Chris Hi Chris No. Suzanne O'Connell 20 May, pm. Hi Carl Hi Carl As a file has been opened the time line of four years is extended.

Lynn Elkington 20 May, am. Suzanne O'Connell 24 May, pm. Suzanne O'Connell 1 June, pm. Hilly P 2 June, pm. Suzanne O'Connell 11 June, pm. Hilly P 9 June, am. Suzanne O'Connell 14 June, pm. Hi Hilly Hi Hilly It would have to be at least one full tax year. Susan Bramley 20 June, am. Suzanne O'Connell 24 June, am. Hi Susan Hi Susan I'm afraid capital gains tax is still payable.

Susan Bramley 21 June, am. David Pryor 15 July, pm. Suzanne O'Connell 18 July, pm. Jay 15 July, pm. Suzanne O'Connell 24 July, am. Gillian Breakwell 22 July, pm. Suzanne O'Connell 25 July, pm. DM 28 July, pm. Hi there Hi there 3. CGT questions for you: 1. Many thanks — congrats on website and forum — very useful and insightful.

Suzanne O'Connell 3 August, pm. Hi Hi To answer your questions: 1. No, the paying off of the mortgage will not influence the CGT 2. David Barton 31 July, am. Hi David Hi David No. There will also be Plus Valia to pay. Ian walker 2 August, pm.

Suzanne O'Connell 7 August, pm. Hi Ian Hi Ian The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year. Colin 5 August, pm. Suzanne O'Connell 8 August, pm. David 11 August, am. Do I have to complete within that time, or can I place a deposit on a new property? Oscar Paoli 11 November, pm. Mrs Glenda Pennell 3 October, pm. Oscar Paoli 7 October, am.

No, in this case you will not need to do so. Neary Rama 10 October, am. Oscar Paoli 10 October, am. Tim Solway 14 October, pm. Earlier this year I purchased a one bedroom flat. Lots of questions. Your advice would be appreciated.

Oscar Paoli 17 October, pm. Ken Cook 22 October, am. Regards Ken Cook. Oscar Paoli 23 October, pm. Hello Ken, As answer to your query you are still non-resident in Spain. If you are resident in Spain you should not be required to pay taxes back in the UK. Oscar Paoli 24 October, am. Anonymous 25 October, am. Oscar Paoli 25 October, am. Ian Radford 6 November, pm. Oscar Paoli 7 November, am. These calculations will leave us with a final sale figure.

Karacsonyi Robert 14 November, pm. Thank you! Oscar Paoli 15 November, pm. Anne Marie Frisby 17 December, pm. Oscar Paoli 17 December, pm. Carmen 31 December, pm. Oscar Paoli 2 January, pm. Howard 10 January, am. It is our intention to reside there for more than 26 weeks of the year I have 13 properties in the uk all in my sole name that I rent out. If we become resident in Spain what taxes will I pay and how much Thank you H.

Oscar Paoli 13 January, pm. Julie Hill 10 January, pm. Michael Coles 10 January, pm. Janice 10 January, pm. Kirsten Jackson 12 January, pm. Dear Sirs, I would appreciate your advice on the following query. Kind regards,. Andy 24 January, am. Thanks in advance! Oscar Paoli 29 January, pm. Richard Glynn 26 January, pm.

Geoff Cherry 31 January, am. Oscar Paoli 4 March, pm. David Patchett 31 January, pm. Have the Spanish government legislated on the Plusvalia tax yet. Oscar Paoli 5 February, pm. Oscar Paoli 10 February, pm. Chris Roberts 11 February, pm. Angela Johnson 18 February, pm.

Oscar Paoli 18 February, pm. Alejandro Moreno 4 March, pm. Hi, I have received a gift from my parents of a property in Spain. Thanks in advance. Nadina Cole 14 March, am. Oscar Paoli 16 March, pm.

It is a practice that originated in the US and is already widely being adopted by agents and professionals in Spain. A survey by Coldwell Banker Real Estate found that staged homes sold in half the time than non-staged homes. Then it is all about adding and redecorating the property so that it looks tidy, bright and warm. Many sellers think that because property prices are picking up again, they will get as much money as before the property bubble. If you want to sell your property within a reasonable time frame you have to be realistic about your asking price.

In the chart below you can see the average property price in euros per m2 in Spain compared to the province of Alicante. If you overprice your property with the idea that the asking price is negotiable, then my friend you are in for the long haul. Having your property valued by a professional valuation company could be a good starting point before you market your property.

So you might want to check out which media publications have a large distribution and are the most popular. Of course, the internet offers a large variety of property portals.

The most popular national property portals are idealista. The solicitor acts on your behalf and has to check if what you are buying is in order and maybe negotiate some points with the seller or the other solicitor. For example, if the property is furnished there might be an inventory list etc and a portion of the selling price can be allocated to furniture in order to pay fewer taxes for example…The solicitor also has to calculate expenses prepare the option contract, etc….

So it is only reasonable your solicitor charges you euros. On the downside, solicitors can be very strict and can discuss endlessly with the other party which can create irritations and eventually the sale might fall through. You would have to pay quite a lot of Capital Gains tax since you made quite a lot of profit. Sorry to hear about your mother. I would not use an estate agent to have the property appraised since the market price they quote might be unreliable.

A good starting point would be to look at similar listings in for example idealista. You can just indeed use an attorney to handle the sale since selling a property in Spain is not that straightforward as it is in the US.

Sadly enough you cannot undo what the selling amount is in the escritura of , since you signed for it by power of attorney. Normally the Spanish tax office would give the property a higher selling valuation and sends out fine for it, which would decrease the amount you have to pay for CGT. I presume this has not happened and thus you will probably need to pay around 11k euros only on CGT if you sell at 85k. Make sure to gather any official invoices on any costs incurred related to the property, e.

Normally in each community, there are meetings where these things are discussed and it is advisable to go to these. My advice would be to talk to the president of the community or administrator and explain the situation. Charging the buyer is not a common practice in Spain and many foreign buyers are led to believe otherwise. It is the seller that pays the commission from the money that was paid for the sale of the property.

However, sometimes the agent can receive a portion of their commission when signing the option contract for their assurance should the sale fall through.

So my advice would be to make sure you know about the commission distribution and percentage in advance before dealing with any agent and preferably have that in writing to avoid any surprises.

Thank you for your question. Since you did not make any profit you probably do not have to pay CGT. The Spanish tax office often takes its time to give you back the money left after paying all taxes. Ask also for any other copies of the papers related to the sale.

Hopefully, you also have the invoice of the euro commission and any other paper that can give you a clue as to where the other euros are. Were you there at the notary when the sale was completed? I say that because I have seen cases where the estate agent had sold the property for a different price and has kept the difference.

I am not saying this is the case, but it has happened before. You can also find out directly from the buyer what price they actually paid for since it seems quite odd that you paid You will probably have to go to the town hall and tax office to find exactly what has happened and if your taxes have already been paid or not, what was the exact amount that was paid and when do you expect to get any refunds and how much it is.

You certainly have a point there. You can do both, sell privately and through 1 or more agents, why not. You can, for example, try to sell it privately first for a couple of months and then decide to go through an agent. I would advise, however, to quote the same price for all clients, even if they come through an agent. It is also not fair for the agent to have your property listed for a lower price privately and is not a motivating factor for them either and your goal is ultimately to sell the property.

Some agents might also have a client database that they can ring up to see if they are interested in your property and that is a good thing since it increases your chances of selling it.

I am afraid you will still have to pay CGT since the property in Spain is not your primary residence. On top of that, if the reinvested amount is less than the total amount received in the transfer, only the proportional part of the capital gain obtained that corresponds to the amount reinvested will be excluded from taxation. But this only in case your property in Spain is your primary residence.

I would definitely wait after 2nd July to sell your property. Anyway, you can already advertise it and start to make the arrangments to move back to the UK, since selling your property might take longer than expected. But I would recommend, if you find a buyer, to have the completion signed after the 2nd of July.

I assume the property you own in Spain is your primary residence and you both are owners and are above If that is the case you do not need to pay CGT if you sell after 3 years, and you will only have to pay the municipal plusvalia, the estate agent and solicitor if you have any.

Inheriting a property is much like buying a property when it comes to paying CGT. In your case you will have to pay CGT from the moment you inherited the property since all taxes were already paid when you inherited the property. I am a little bit confused as to how another property, in this case and old finca, could be added to the deeds. I imagine it was an old ruin on the premises which was reformed. You might only be able to deduct half of that if you are planning to reinvest by buying another property that is half the value of your sold property.

When you sell your house in Spain you will have to pay your taxes in Spain and next year you will have to do your income tax declaration in Spain. You can transfer the money to your bank account in the UK, but for the tax declaration, you will have to declare your UK bank account.

When transferring the money to the UK it is also a good idea to see what exchange rate your bank is charging, it is sometimes a smart move to use a currency broker to transfer your funds to the UK since that can also save you thousands of pounds. Just a quick reply to your question. In Spain when you buy a house it is wysiwyg what you see is what you get. The airconditioning is not even part of the physical structure of the house and it is not possible to claim form any damages.

Only in some extreme cases would the buyer be able to claim for structural construction damages, eg: buildings affected by aluminosis the degeneration of cement used in construction. Rest assured that they will also not spend money on a solicitor for euros and it is only a scare tactic.

So the best thing you can do is ignore it. I know it is outrageous what some agents charge. There even are agents that charge commission from both buyer and seller. The problem is that the profession of estate agent is not regulated in Spain and everybody with as little as a mobile phone can call himself estate agent.

However, many agents do a good job, but because of the fierce competition in the field and the long time it takes to sell a house in Spain on average 10 months agents are sometimes forced to charge these high commissions to prevent going out of business.

Nevertheless, it feels indeed very injust compared to the fees in the UK. On the positive side a proper agent will give you an invoice for selling your property, which you can use to deduct from your capital gains tax, but in your specific case, you do not have to pay CGT since you already meet the exception criteria.

There is, however, a growing group of agents that sell property for a fixed fee, which might be of your interest. I have gathered a list of these on-line agents in Spain.

When buying a new home, it very much depends on your situation and the region in Spain you are going to buy in. Hopefully, you both have your primary residence set in Spain for more than 3 years, since then you would be exempted from paying capital gains tax.

When buying another property in Spain, you will have to pay your regular buying taxes as explained in this article. Just to make sure ask the buyers solicitor if its for that. Otherwise, I see no reason why you should pay anything else. All other taxes are the same for both residents and non-residents. The period to be eligible for the GCT exception is 3 years at the minimum. My advice would be to gather all official invoices you have incurred for home improvements, solicitors costs etc and even the costs and invoices form your purchase in , since you can deduct all these costs from your CGT.

I do not understand your statement that the selling costs are greater than the purchase price. In the old days more than 5 years ago it was a common practice to buy a property with big sums of B money to avoid paying extra taxes.

Nowadays, it is almost impossible to do that since the tax office will make their calculations and buyers and sellers can get fined for selling at a low price. To do that you would have to make an inventory list. So if you sell it for It can be the case that an agent does not have many properties to offer a client and therefore might look for other partners or collaborating agents to offer the client more properties to choose from.

That is normal, and in these specific cases both agents will split the commission 2. It seems the agent you contacted is trying to profit from buyer and seller, and I would have serious doubts to trust such an agent. If the price in the deeds of your apartment when you bought it in is higher than the price you are selling it for now, then, in theory, you should not have to pay any capital gains tax.

I say in theory because the Spanish tax office also has to believe that you are selling it for a lower price, otherwise, you can expect to receive a fine, but hopefully, I hope that does not happen. The thing is that you bought the apartment during the crisis and since then Spanish property prices have gone up, but the tax office sees that differently. The tax office calculates the value of your apartment and takes many things into consideration.

The walls are also taken to increase the m2 surface as well as a small percentage of communal grounds, such as pools, gardens, etc… There is no guarantee that if you appeal against the tax office you will get your euros back. Anyway, you need to prove that your apartment was sold for the actual selling price at the time you bought it.

Bear in mind that a solicitor will also cost you money, probably in the region of euros. If you decide to appeal, the tax office will inspect the sale and any other sales on that complex and there might be that some apartments were sold or have been sold for If that is not the case you have a good chance getting of your money back.

So you have to calculate that on top. For example: Selling price It is indeed very frustrating that the Spanish tax office takes a very long time to pay out refunds. I know firsthand that in some cases it takes up to 3 years and more.

Many foreign sellers just forget about it and close their Spanish back account and that money stays in the tax office. The frustrating part is that in most cases it is not worth it going to a solicitor for this since it is not more than 5. Important: If you closed your Spanish bank account you need to give a power of attorney to your solicitor so that they can reclaim the money back for you. So only you are eligible for this exception in this specific scenario.

For your wife to avoid paying CGT a smart thing can also be to reinvest the profit by purchasing another property in Spain.

814,000
* €/m2
154 m2 | 1 bedrooms | 6 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
Reach European buyers of Real Estate and expand your marketing presence to a global level. Facebook groups are also a very powerful medium to list your home for sale. Search for groups such as properties for sale in “your area”. If you are not a good​. We buy houses inland Spain as well as the Spanish Costas, but they must have the I am often in Spain looking for the right properties to add to my portfolio.

Normally in each community, there are meetings where these things are discussed and it is advisable to go to these. My advice would be to talk to the president of the community or administrator and explain the situation. Charging the buyer is not a common practice in Spain and many foreign buyers are led to believe otherwise.

It is the seller that pays the commission from the money that was paid for the sale of the property. However, sometimes the agent can receive a portion of their commission when signing the option contract for their assurance should the sale fall through.

So my advice would be to make sure you know about the commission distribution and percentage in advance before dealing with any agent and preferably have that in writing to avoid any surprises. Thank you for your question. Since you did not make any profit you probably do not have to pay CGT. The Spanish tax office often takes its time to give you back the money left after paying all taxes.

Ask also for any other copies of the papers related to the sale. Hopefully, you also have the invoice of the euro commission and any other paper that can give you a clue as to where the other euros are. Were you there at the notary when the sale was completed? I say that because I have seen cases where the estate agent had sold the property for a different price and has kept the difference.

I am not saying this is the case, but it has happened before. You can also find out directly from the buyer what price they actually paid for since it seems quite odd that you paid You will probably have to go to the town hall and tax office to find exactly what has happened and if your taxes have already been paid or not, what was the exact amount that was paid and when do you expect to get any refunds and how much it is.

You certainly have a point there. You can do both, sell privately and through 1 or more agents, why not. You can, for example, try to sell it privately first for a couple of months and then decide to go through an agent. I would advise, however, to quote the same price for all clients, even if they come through an agent. It is also not fair for the agent to have your property listed for a lower price privately and is not a motivating factor for them either and your goal is ultimately to sell the property.

Some agents might also have a client database that they can ring up to see if they are interested in your property and that is a good thing since it increases your chances of selling it. I am afraid you will still have to pay CGT since the property in Spain is not your primary residence. On top of that, if the reinvested amount is less than the total amount received in the transfer, only the proportional part of the capital gain obtained that corresponds to the amount reinvested will be excluded from taxation.

But this only in case your property in Spain is your primary residence. I would definitely wait after 2nd July to sell your property. Anyway, you can already advertise it and start to make the arrangments to move back to the UK, since selling your property might take longer than expected.

But I would recommend, if you find a buyer, to have the completion signed after the 2nd of July. I assume the property you own in Spain is your primary residence and you both are owners and are above If that is the case you do not need to pay CGT if you sell after 3 years, and you will only have to pay the municipal plusvalia, the estate agent and solicitor if you have any.

Inheriting a property is much like buying a property when it comes to paying CGT. In your case you will have to pay CGT from the moment you inherited the property since all taxes were already paid when you inherited the property. I am a little bit confused as to how another property, in this case and old finca, could be added to the deeds. I imagine it was an old ruin on the premises which was reformed. You might only be able to deduct half of that if you are planning to reinvest by buying another property that is half the value of your sold property.

When you sell your house in Spain you will have to pay your taxes in Spain and next year you will have to do your income tax declaration in Spain. You can transfer the money to your bank account in the UK, but for the tax declaration, you will have to declare your UK bank account.

When transferring the money to the UK it is also a good idea to see what exchange rate your bank is charging, it is sometimes a smart move to use a currency broker to transfer your funds to the UK since that can also save you thousands of pounds. Just a quick reply to your question. In Spain when you buy a house it is wysiwyg what you see is what you get.

The airconditioning is not even part of the physical structure of the house and it is not possible to claim form any damages. Only in some extreme cases would the buyer be able to claim for structural construction damages, eg: buildings affected by aluminosis the degeneration of cement used in construction. Rest assured that they will also not spend money on a solicitor for euros and it is only a scare tactic.

So the best thing you can do is ignore it. I know it is outrageous what some agents charge. There even are agents that charge commission from both buyer and seller. The problem is that the profession of estate agent is not regulated in Spain and everybody with as little as a mobile phone can call himself estate agent.

However, many agents do a good job, but because of the fierce competition in the field and the long time it takes to sell a house in Spain on average 10 months agents are sometimes forced to charge these high commissions to prevent going out of business.

Nevertheless, it feels indeed very injust compared to the fees in the UK. On the positive side a proper agent will give you an invoice for selling your property, which you can use to deduct from your capital gains tax, but in your specific case, you do not have to pay CGT since you already meet the exception criteria.

There is, however, a growing group of agents that sell property for a fixed fee, which might be of your interest. I have gathered a list of these on-line agents in Spain. When buying a new home, it very much depends on your situation and the region in Spain you are going to buy in. Hopefully, you both have your primary residence set in Spain for more than 3 years, since then you would be exempted from paying capital gains tax. When buying another property in Spain, you will have to pay your regular buying taxes as explained in this article.

Just to make sure ask the buyers solicitor if its for that. Otherwise, I see no reason why you should pay anything else. All other taxes are the same for both residents and non-residents. The period to be eligible for the GCT exception is 3 years at the minimum. My advice would be to gather all official invoices you have incurred for home improvements, solicitors costs etc and even the costs and invoices form your purchase in , since you can deduct all these costs from your CGT.

I do not understand your statement that the selling costs are greater than the purchase price. In the old days more than 5 years ago it was a common practice to buy a property with big sums of B money to avoid paying extra taxes. Nowadays, it is almost impossible to do that since the tax office will make their calculations and buyers and sellers can get fined for selling at a low price.

To do that you would have to make an inventory list. So if you sell it for It can be the case that an agent does not have many properties to offer a client and therefore might look for other partners or collaborating agents to offer the client more properties to choose from. That is normal, and in these specific cases both agents will split the commission 2. It seems the agent you contacted is trying to profit from buyer and seller, and I would have serious doubts to trust such an agent.

If the price in the deeds of your apartment when you bought it in is higher than the price you are selling it for now, then, in theory, you should not have to pay any capital gains tax.

I say in theory because the Spanish tax office also has to believe that you are selling it for a lower price, otherwise, you can expect to receive a fine, but hopefully, I hope that does not happen. The thing is that you bought the apartment during the crisis and since then Spanish property prices have gone up, but the tax office sees that differently.

The tax office calculates the value of your apartment and takes many things into consideration. The walls are also taken to increase the m2 surface as well as a small percentage of communal grounds, such as pools, gardens, etc… There is no guarantee that if you appeal against the tax office you will get your euros back. Anyway, you need to prove that your apartment was sold for the actual selling price at the time you bought it.

Bear in mind that a solicitor will also cost you money, probably in the region of euros. If you decide to appeal, the tax office will inspect the sale and any other sales on that complex and there might be that some apartments were sold or have been sold for If that is not the case you have a good chance getting of your money back.

So you have to calculate that on top. For example: Selling price It is indeed very frustrating that the Spanish tax office takes a very long time to pay out refunds. I know firsthand that in some cases it takes up to 3 years and more. Many foreign sellers just forget about it and close their Spanish back account and that money stays in the tax office. The frustrating part is that in most cases it is not worth it going to a solicitor for this since it is not more than 5. Important: If you closed your Spanish bank account you need to give a power of attorney to your solicitor so that they can reclaim the money back for you.

So only you are eligible for this exception in this specific scenario. For your wife to avoid paying CGT a smart thing can also be to reinvest the profit by purchasing another property in Spain. For example, buying a smaller or cheaper property. By reinvesting your profit you are also exempt from paying CGT. Hope that helps. Kind regards Robbert. Share this Article. We sold our house feb which we had lived in over 15 years.

We do not like living in the apartment and want to sell. Purchase price selling price maybe euro we know we may have some capital gains to pay. My question if we buy a static caravan on Residential Park Site near Antequera euro monthly community fee euro. Will this be classed as buying another home avoiding the retention fee. Regards Trevor Dear Trevor, We are not totally sure we understand your question about the retention.

Greetings from Malaga, I am 69 and my wife is 55 years old and we both are Spanish residents. We lived in our house for 22 years and we are now selling our house. When calculating cgt on the When calculating cgt on the sale of your property in Tenerife, can you consider the agents purchase and selling fees?

Also having replaced all doors and windows, new kitchen, bathroom, and tiles throughout, can you consider these costs when calculating cgt taxes? The costs for the solicitors, agents' fees etc. You would have to get local advice on other costs and would need official receipts for these too. You can deduct usually for some improvements but not for wear and tear costs. Hello, Hello, My aunt has a second home in spain and lives there a few months of the year but is a tax payer in the uk where she is a resident.

She is selling her spanish property and thought she would pay CGT in the uk on the profit but now isnt sure if its actually due in spain?

Any advice? Under the double taxation treaty the tax paid here can be deducted from any liability in the UK. I presume I need a valuation on the date I became resident, rather than basing the gain on the original cost price when I was a UK resident. The tax is based on the purchase price plus costs then the sale price less costs and you pay tax on the difference.

Hi Suzanne. Thanks for your Hi Suzanne. Thanks for your reply. The key part of my query related to the date I became a Spanish Resident. Surely the Spanish gain is solely the element from the value of my property at the point I became a Spanish resident, rather than the original cost where I was a UK resident? In which case, I would need to get a property valuation at the date I left the UK?? Unfortunately, the capital gains is calculated from the date of purchase of the property to the sale.

When you became a resident makes no difference. If a Spanish resident and tax If a Spanish resident and tax resident for more than 3 years and over 65 and you sell your house to return to uk do you have to purchase another property can you just return to uk with the money from your sale.

If you are a tax resident for more than three years and over 65 and you sell your house when you are still a resident then there is no capital gains tax to pay. However, you must still complete the tax declaration for that year as a resident. Hi, I am completing on a Hi, I am completing on a villa in Alicante at the end of June, I am selling my UK house but might not complete untill August, would it be best to wait untill January to become resident in Spain and just be non resident for the rest of this year and just stay for the 90 days to advoid Capital Gains Tax.

Thank you. Hi, We are currently planning Hi, We are currently planning on selling our family home this year in Ireland and moving to Spain. I saw in one of your earlier comments if we move in the same year that we sell our home we are liable for CGT. However in Ireland If you spend days or more in Ireland over a period of two consecutive tax years, you will be regarded as resident for the second tax year which applies to us. Does this supersede Spanish tax law to leave us with no liability as we will not be deemed tax resident?

We are planning on moving in May to enrol our kids in school but if we need to ensure that we are not in the country for more than days than we will have to move in mid July. I appreciate your help on this. Many Thanks.

If you sell and move to Spain in the same tax year and are here for days then you have to pay capital gains tax here. It's better to sell in Ireland and not come to Spain until the following year. How much will I have to pay? I have not been a Spanish resident.

I am a resident in Spain for I am a resident in Spain for more than a year, and I am selling a small property Urban Land, no building on it; price is less than 50K Euros that I have had for more than 20 years in my country of birth, outside the EU, i. Do I have to pay a tax here in Spain? Thanks for your help. If I am resident in Spain and If I am resident in Spain and sell a property back in UK that has no capital gain is there any tax to pay at all?

The property has to be declared and if there is no capital gain then there is no tax to pay. I sold my house in the uk I sold my house in the uk before moving to spain intending to become resident but because of not being able to settle only stayed in our spanish villa for less than 6 months at a time over a 2 year period using it as a holiday home.

When returning to the uk residing with my daughter. We have now sold in spain intending to re-invest the proceeds for our main residence in the uk. Are we liable for CGT. Am I right in thinking the way to reduce the CGT would be to return, live in the property one year and then sell it there as first resident. Is that right? For it to be your residential home you would have had to have lived in it for three years prior to the sale.

You would not be residents in Spain as the property is in the UK. I am shocked by this because I have never received any form of notice from the Spanish authorities. I was 67 when I sold the Spanish house and then bought my home in the UK several months later. Is there not a time limit to claim for CGT claims? Thanks in adavance. As a file has been opened the time line of four years is extended.

Any idea how much this will be and when may I be likely to receive it. And if so, who do I pay it to? If not, then there is a fine. I am resident in spain and I am resident in spain and have a property in the Uk that I bought 25 years ago so the gain on it is huge about k. My principal home is now in spain. This will be the value of purchase plus costs, value of sale less costs and then an allowance for the time if purchased before Then you deduct any tax paid in the UK under the double taxation treaty.

If we move back to the UK, for how long after our return to the UK are sales of UK property affected by spanish capital gains please? We have lived in Spain for 12 We have lived in Spain for 12 months and now considering selling our UK property which we rent out.

We only purchased the property in and not sure if CGT is payable because we have only owned the property since that date. We are non residents. Our solicitor has chased the tax office but to no avail.

Is the tax office in Spain accountable to anyone? Is there a phone number or email address available for non Spanish speakers to raise queries? Any advice would be gratefully received. It can take a long time for the Tax Office to process this. There is no number for non-Spanish speakers. The telephone number for non-residents in Madrid is 91 but for earlier presentations you will have to go in person to the corresponding office in the capital of the province and arrange an appointment as no information is given by phone.

We already own a small house in Spain which we plan to keep. We now want to buy a 2nd property in Spain. Our aim is to move to spain and use the new property as our primary residence and become residents. Have I got it right that it would be best for us to wait until before becoming residents in Spain?

Thanks for any advice. Who tells us how much capital Who tells us how much capital gains tax we need to pay when we sell our garage space in Spain and how is it collected. This is a legal requirement when non-residents sell property. To calculate this profit you need firstly to ascertain your original purchase price.

We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc , thereby reducing the final sale price.

Now you have your original purchase price and your final sale figure, so we can work out your net profit and calculate your Capital Gains Tax liability. In either case, Form H is submitted to the Tax Office, either claiming the outstanding balance or enclosing payment for the sum owed.

I own a UK property that has doubled in value since I bought it back in The outstanding mortgage is important to know that this is factored in as I have quite a bit left to pay off that will be paid off with the sale albeit that there will still be CGT to pay due to increase.

I am currently renting here in Spain and looking to buy a house here. Further to point 2, can I buy here in Spain first and then sell later the UK property and still benefit from this relief? This is a complex issue. However, you would normally have to be a tax resident for 3 years before any benefits can be obtained.

Hi Hi We are saleing our Spainish property that we have own for approximately 1year. As we understand it there will be cgt on any profit at the rate of 19 per cent. Is the the only only tax payable?. We are in the process of We are in the process of selling our only house which is in the uk. When it sells I plan on taking early retirement and immediately moving to Spain.

I am 51 and my wife is The cgt that seems liable will completely change these plans. Are there no easy solutions? The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year. Since we purchased, exchange rates plummeted as well as the property market. Would I be liable for any tax? Capital Gains Tax is due on the profit made on all property sales in Spain.

This is a legal requirement when Non-Residents sell property. To calculate this profit we need firstly to ascertain your original purchase price. We do this by. I was resident in Spain. I I was resident in Spain. What is the time scale to reinvest the gain in a new property to avoid CGT? Hi David, The time scale for reinvestment is normally 2 years, this would have been declared in the Tax delcaration where you would have promised the amount to be reinvested. I have a question regarding Property Capital Gains Tax: Can a Non-Resident profit from a roll-over relief if the sale proceeds are re-invested in another property in another part of Spain?

Hello, No, unfortunately this is only for residents in Spain that sell their main property and where they have lived permanently at least 3 years.

At this point I am undecided whether to sell or to rent. I would like to understand the tax position in the event that I decide to sell the property.

The total cost of purchase can include transmission tax, lawyer, notary and registration fees. Is this correct? An official licence was obtained for a minor reform and taxes paid. No structural work was conducted in the reform process. I understand that there are no allowances that relate to any of the money spent on the reforms when calculating my CGT obligations.

The reforms included new kitchen and appliances. Are there any other deductions allowable such as community fees, electricity, local council taxes, when calculating CGT? Will there be another tax applied to the sale called Plus Valia and is this a tax that I will pay? If so how is it calculated? I understand that all selling fees and lawyers fees can be included in the final CGT tax computation.

Are there any other taxes and or items that I have omitted? Hello Tim, Will try to answer the best as possible below to your queries: 1. Yes, this is correct. The answer is correct there are no allowance for minor works carried out on the property, had it been an New Building and extension of the property with a new Title Deed then this would have been allowed. No, unfortunately no.

Selling feed such as the estate agents commission can be deducted. We believe you included everything in your list. A few queries from an old sea salt. Will gladly reimburse if required for your time and expertise! I have been Non-Resident in Spain since mid I return to Spain during my field-breaks.

Therefore, I am in the UK for approx days out of days. Am I still legally a Non-Resident with around days per year living in Spain? Since August , I have lived in Granada and intend to retire there in when I reach 66 years.

When I retire, I believe it will be mandatory to take full residency as my presence in Spain will become permanent. Please can you confirm? My property in Granada was purchased for circa , There is no outstanding mortgage Should I sell my house after 4 to 6 years after retiring and have taken full residency status, I believe I might be exempt from Capital Gains.

Please can you clarify if my reasoning is correct or otherwise? If any profit from the sale of the Granada property was transferred back to the UK, would I be subject to any UK foreign earnings taxes the money would probably be invested into a retirement apartment? We do not know if there will be change of laws when you intend to retire in , but according to todays situation you will have to become resident in Spain if you intend to live permanently in Spain.

According to todays tax situation if you are over the age of 65 years old, you are pensioner, have been resident in Spain for over three years and the property you are selling has been your main residence you willl be exempt of Capital Gains Tax. Dear Sirs As non residents we built a house in spain on ground we already owned. Property sold end for ,Euros. All paperwork of no value to the purchaser, destroyed in Jan Our Gestoria argued that the property was sold with a house, and despite us no longer having the builders receipts the value of the build was approx E plus costs.

Agencia Tributaria has reassessed the CGT now due at about 41,euros and we are in the process of appealing. Home staging is a practice that has been around for several years and consists of preparing your property for it to appeal to the highest number of potential buyers.

It is a practice that originated in the US and is already widely being adopted by agents and professionals in Spain. A survey by Coldwell Banker Real Estate found that staged homes sold in half the time than non-staged homes. Then it is all about adding and redecorating the property so that it looks tidy, bright and warm. Many sellers think that because property prices are picking up again, they will get as much money as before the property bubble.

If you want to sell your property within a reasonable time frame you have to be realistic about your asking price. In the chart below you can see the average property price in euros per m2 in Spain compared to the province of Alicante.

If you overprice your property with the idea that the asking price is negotiable, then my friend you are in for the long haul. Having your property valued by a professional valuation company could be a good starting point before you market your property.

So you might want to check out which media publications have a large distribution and are the most popular. Of course, the internet offers a large variety of property portals.

792,000
* €/m2
153 m2 | 7 bedrooms | 5 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
We buy houses inland Spain as well as the Spanish Costas, but they must have the I am often in Spain looking for the right properties to add to my portfolio. Documentation needed when selling a house in Spain: Should you trust Fuster & Associates to complete the sale of your property in Spain, our. To enforce this rule, the Spanish Tax Authority withholds 3% from the sale of your property. This is taken directly from the purchaser so you only receive 97% of the​.

Hi Suzanne. Thanks for your Hi Suzanne. Thanks for your reply. The key part of my query related to the date I became a Spanish Resident. Surely the Spanish gain is solely the element from the value of my property at the point I became a Spanish resident, rather than the original cost where I was a UK resident? In which case, I would need to get a property valuation at the date I left the UK?? Unfortunately, the capital gains is calculated from the date of purchase of the property to the sale.

When you became a resident makes no difference. If a Spanish resident and tax If a Spanish resident and tax resident for more than 3 years and over 65 and you sell your house to return to uk do you have to purchase another property can you just return to uk with the money from your sale.

If you are a tax resident for more than three years and over 65 and you sell your house when you are still a resident then there is no capital gains tax to pay. However, you must still complete the tax declaration for that year as a resident.

Hi, I am completing on a Hi, I am completing on a villa in Alicante at the end of June, I am selling my UK house but might not complete untill August, would it be best to wait untill January to become resident in Spain and just be non resident for the rest of this year and just stay for the 90 days to advoid Capital Gains Tax. Thank you. Hi, We are currently planning Hi, We are currently planning on selling our family home this year in Ireland and moving to Spain.

I saw in one of your earlier comments if we move in the same year that we sell our home we are liable for CGT. However in Ireland If you spend days or more in Ireland over a period of two consecutive tax years, you will be regarded as resident for the second tax year which applies to us. Does this supersede Spanish tax law to leave us with no liability as we will not be deemed tax resident? We are planning on moving in May to enrol our kids in school but if we need to ensure that we are not in the country for more than days than we will have to move in mid July.

I appreciate your help on this. Many Thanks. If you sell and move to Spain in the same tax year and are here for days then you have to pay capital gains tax here. It's better to sell in Ireland and not come to Spain until the following year.

How much will I have to pay? I have not been a Spanish resident. I am a resident in Spain for I am a resident in Spain for more than a year, and I am selling a small property Urban Land, no building on it; price is less than 50K Euros that I have had for more than 20 years in my country of birth, outside the EU, i.

Do I have to pay a tax here in Spain? Thanks for your help. If I am resident in Spain and If I am resident in Spain and sell a property back in UK that has no capital gain is there any tax to pay at all? The property has to be declared and if there is no capital gain then there is no tax to pay.

I sold my house in the uk I sold my house in the uk before moving to spain intending to become resident but because of not being able to settle only stayed in our spanish villa for less than 6 months at a time over a 2 year period using it as a holiday home. When returning to the uk residing with my daughter. We have now sold in spain intending to re-invest the proceeds for our main residence in the uk.

Are we liable for CGT. Am I right in thinking the way to reduce the CGT would be to return, live in the property one year and then sell it there as first resident.

Is that right? For it to be your residential home you would have had to have lived in it for three years prior to the sale. You would not be residents in Spain as the property is in the UK. I am shocked by this because I have never received any form of notice from the Spanish authorities. I was 67 when I sold the Spanish house and then bought my home in the UK several months later.

Is there not a time limit to claim for CGT claims? Thanks in adavance. As a file has been opened the time line of four years is extended. Any idea how much this will be and when may I be likely to receive it. And if so, who do I pay it to? If not, then there is a fine.

I am resident in spain and I am resident in spain and have a property in the Uk that I bought 25 years ago so the gain on it is huge about k. My principal home is now in spain. This will be the value of purchase plus costs, value of sale less costs and then an allowance for the time if purchased before Then you deduct any tax paid in the UK under the double taxation treaty.

If we move back to the UK, for how long after our return to the UK are sales of UK property affected by spanish capital gains please? We have lived in Spain for 12 We have lived in Spain for 12 months and now considering selling our UK property which we rent out.

We only purchased the property in and not sure if CGT is payable because we have only owned the property since that date. We are non residents. Our solicitor has chased the tax office but to no avail. Is the tax office in Spain accountable to anyone? Is there a phone number or email address available for non Spanish speakers to raise queries?

Any advice would be gratefully received. It can take a long time for the Tax Office to process this. There is no number for non-Spanish speakers. The telephone number for non-residents in Madrid is 91 but for earlier presentations you will have to go in person to the corresponding office in the capital of the province and arrange an appointment as no information is given by phone.

We already own a small house in Spain which we plan to keep. We now want to buy a 2nd property in Spain. Our aim is to move to spain and use the new property as our primary residence and become residents. Have I got it right that it would be best for us to wait until before becoming residents in Spain? Thanks for any advice. Who tells us how much capital Who tells us how much capital gains tax we need to pay when we sell our garage space in Spain and how is it collected.

This is a legal requirement when non-residents sell property. To calculate this profit you need firstly to ascertain your original purchase price.

We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc , thereby reducing the final sale price. Now you have your original purchase price and your final sale figure, so we can work out your net profit and calculate your Capital Gains Tax liability.

In either case, Form H is submitted to the Tax Office, either claiming the outstanding balance or enclosing payment for the sum owed. I own a UK property that has doubled in value since I bought it back in The outstanding mortgage is important to know that this is factored in as I have quite a bit left to pay off that will be paid off with the sale albeit that there will still be CGT to pay due to increase.

I am currently renting here in Spain and looking to buy a house here. Further to point 2, can I buy here in Spain first and then sell later the UK property and still benefit from this relief? This is a complex issue. However, you would normally have to be a tax resident for 3 years before any benefits can be obtained. Hi Hi We are saleing our Spainish property that we have own for approximately 1year. As we understand it there will be cgt on any profit at the rate of 19 per cent.

Is the the only only tax payable?. We are in the process of We are in the process of selling our only house which is in the uk. When it sells I plan on taking early retirement and immediately moving to Spain. I am 51 and my wife is The cgt that seems liable will completely change these plans. Are there no easy solutions? The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year. Since we purchased, exchange rates plummeted as well as the property market.

Would I be liable for any tax? Capital Gains Tax is due on the profit made on all property sales in Spain. This is a legal requirement when Non-Residents sell property. To calculate this profit we need firstly to ascertain your original purchase price. We do this by. I was resident in Spain. I I was resident in Spain. What is the time scale to reinvest the gain in a new property to avoid CGT? Hi David, The time scale for reinvestment is normally 2 years, this would have been declared in the Tax delcaration where you would have promised the amount to be reinvested.

I have a question regarding Property Capital Gains Tax: Can a Non-Resident profit from a roll-over relief if the sale proceeds are re-invested in another property in another part of Spain?

Hello, No, unfortunately this is only for residents in Spain that sell their main property and where they have lived permanently at least 3 years. At this point I am undecided whether to sell or to rent.

I would like to understand the tax position in the event that I decide to sell the property. The total cost of purchase can include transmission tax, lawyer, notary and registration fees. Is this correct? An official licence was obtained for a minor reform and taxes paid. No structural work was conducted in the reform process. I understand that there are no allowances that relate to any of the money spent on the reforms when calculating my CGT obligations.

The reforms included new kitchen and appliances. Are there any other deductions allowable such as community fees, electricity, local council taxes, when calculating CGT?

Will there be another tax applied to the sale called Plus Valia and is this a tax that I will pay? If so how is it calculated? I understand that all selling fees and lawyers fees can be included in the final CGT tax computation.

Are there any other taxes and or items that I have omitted? Hello Tim, Will try to answer the best as possible below to your queries: 1. Yes, this is correct. The answer is correct there are no allowance for minor works carried out on the property, had it been an New Building and extension of the property with a new Title Deed then this would have been allowed.

No, unfortunately no. Selling feed such as the estate agents commission can be deducted. We believe you included everything in your list. A few queries from an old sea salt. Will gladly reimburse if required for your time and expertise! I have been Non-Resident in Spain since mid I return to Spain during my field-breaks. Therefore, I am in the UK for approx days out of days. Am I still legally a Non-Resident with around days per year living in Spain?

Since August , I have lived in Granada and intend to retire there in when I reach 66 years. When I retire, I believe it will be mandatory to take full residency as my presence in Spain will become permanent.

Please can you confirm? My property in Granada was purchased for circa , There is no outstanding mortgage Should I sell my house after 4 to 6 years after retiring and have taken full residency status, I believe I might be exempt from Capital Gains.

Please can you clarify if my reasoning is correct or otherwise? If any profit from the sale of the Granada property was transferred back to the UK, would I be subject to any UK foreign earnings taxes the money would probably be invested into a retirement apartment?

We do not know if there will be change of laws when you intend to retire in , but according to todays situation you will have to become resident in Spain if you intend to live permanently in Spain. According to todays tax situation if you are over the age of 65 years old, you are pensioner, have been resident in Spain for over three years and the property you are selling has been your main residence you willl be exempt of Capital Gains Tax.

Dear Sirs As non residents we built a house in spain on ground we already owned. Property sold end for ,Euros. All paperwork of no value to the purchaser, destroyed in Jan Our Gestoria argued that the property was sold with a house, and despite us no longer having the builders receipts the value of the build was approx E plus costs.

Agencia Tributaria has reassessed the CGT now due at about 41,euros and we are in the process of appealing. We have had to pay 5,thousand euros in April in order to defer payment and appeal and further payments of some 2,thousand euros per month for the next 12 months. The Agencia has made no ruling as yet, I gather it has 6mths to respond. This means shortly if we receive no ruling, we will have to appeal to a Tribunal to overrule the Agencia and have our payments returned. I am very unwilling to continue to make payments as the amount demanded is patently incorrect.

If the Tribunal does not overrule the Agencia, we will not receive any repayments either. Please can you advise if this is legal that the agencia can invent this CGT due when we provided all the paperwork to the Notary at the time of registration of the property.

This seems to be a false calculation we are being asked to pay.. Dear Jennifer, It is complicated to give you detailed information without seeing the documentation of the property. In these cases it is vital that you have all documentation and paperwork in place and in order, without it is very difficult to claim anything at all from the Agencia Tributaria. Also the registration of the building should have been done before to avoid any possible issues.

We assume you legal team is doing all that is possible with the tools and paperwork they have on the property. Sorry we can not really be of any further assistance. But this was all taken care of when property was sold, what she do? Hello, Thanks for your message. We would need to see all paperwork, taxes paid, and letter of the Tax Authority to be able to asses in this matter. If you wish to send us all documentation on your case you can do so by emailing us at info abacoadvisers.

Dear Miriam. No one seems to be able to confirm. Is the gain on the , euros or euros? Many thanks in advance IAN. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc. We can not do this if you paid by cash and have no VAT receipt. Hi, Our recommendation is to have your solicitor claim the to the buyer and their representative. Hi Anne, Yes unfortunately yes, you will have to pay property tax.

Should you need assistance please contact our colleague Jessica at the following email jsp abacoadvisers. My husband and I bought an apartment in Spain in for , euros. We want to sell it but it but we will sell it at lost. According to the market value it is worth , euros. We are non-residents. We have finished paying for the mortgage. We are over 65 years old. How much? Do we have to pay Income tax in the UK?

Even though we will not make any profits. Should you need any help in the process please contact us at info abacoadvisers. If you are residents you would pay Tax on your world wide income including the proeprties, there could also be Wealth Tax on top of income Tax. The rent for the properties has to be declared in the UK as well as in Spain, Tax paid on the rental income is deducted from the Tax to pay here under the double Taxation treaty.

Should you have any further queries please do not hesitate to contact us at info abacoadvisers. I am a non resident but have owned a small town house in a village since Would i have to pay any tax as it will be sold for a loss? We currently have an offer on our home in Spain. I am 69 years old and my wife is We have been residents in Spain for the past 8 years and permanent residents for the past 1 year.

Will my wife be liable for CGT on her half of any profit made? This is our only residence, we do not own any other property. Thank you so much. Hi, if we sell our spanish home privately without an estate agent, who pays the solicitors fees, the seller or the buyer. Hi Janice, The buyer will pay for his solicitor and the seller for his own solicitor, if you have the same solicitor in the process if depends on the agreement you reach.

If you have any authority for your answer, that would be greatly appreciated. Hi Kirsten, Thank you for contactin us. For example, is you sell a property for Hi, I have Spanish recidencia and have had for 15 years, but am British.

Am I correct that if you sell your property in Spain but then fully reinvest any profit in further more properties in Spain you do not pay the capital gains tax, because you will be paying the tax on the new property or properties?

Because I am paying the tax on 2 new property purchases, would I still have to pay the Capital gains on the profit from the original sale? I was told if profit is reinvested in to the Spanish property market within a 2 year period you do not pay the tax on profit? Hi Andy, It is correct that if you sell and reinvest any profit you will avoid the capital gains tax, but if you buy two properties you will have to pay capital gains tax as you can not have two different main residences.

Hi, we have been living in France for fifteen years, and the plan is to sell our home and enable early retirement by living in rented accomodation in Spain. Trouble is, we have heard that we may be subject to capital gains tax by the Spanish authorities, even though it is our principle home?

Hi Richard, Yes this would be the case, it is always advisable to sell the the year prior to coming to Spain to be a Resident. Will my wife and her brother be liable for any Taxes or Capital Gains Tax on the property before they become the legal owners of it? If so what amounts are they When they become the legal owners of it , they both aim to sell it asap and she and I will return to the UK, what tax liabilities will there be when the Villa is sold Thank your help Geoff Cherry. Hi, First they will inherit, they will become owners and will pay Inheritance Tax.

The reduction in the Valencia Region is Please do not hesitate to contact us should you have any further queries. I bought land in Spain in with my Husband who died 6 years ago. We were both OAP s when we moved here and my husband was disabled..

We were both Spanish residents but have not paid tax or been asked to do as we only had some money from our British sale. We have always paid British Tax. Cash price for the land was 40, euros. As I am now disabled and not able to keep the property would like to return to Britain before Britain is totally out of the EU.

We built up a small casita, pool and a summer house and kept bills to prove this. As I am 80 years old this year. Thank you for your help. Hello, We are sorry to hear about your situation. Should you request any assistance from us please call us at or email us at info abacoadvisers. Hi I have been sent this regarding being able to reduce the selling price of your property by taking away the balance of the mortgage when you sell.

Hi, In order to be able to obtain relief when selling you residential home to purchase another you must have owned the property and living in the house for over three years as a Tax Resident and be reinvesting the full amount in the new property. If you do not reinvest the full amount then you can only dedduct a percentage. I have received a gift from my parents of a property in Spain. All taxes are paid there. However, is there anything I would need to declare being a resident myself in the UK?

Hi Alejandro, No, you will not need to declare it being a resident in the UK. You will just need to pay your yearly property taxes as non-resident in Spain for the property you have received.

Where can i get a copy. Hi Nadine, You may check at the notary you signed the sale or with the buyers. Then it is all about adding and redecorating the property so that it looks tidy, bright and warm. Many sellers think that because property prices are picking up again, they will get as much money as before the property bubble.

If you want to sell your property within a reasonable time frame you have to be realistic about your asking price.

In the chart below you can see the average property price in euros per m2 in Spain compared to the province of Alicante. If you overprice your property with the idea that the asking price is negotiable, then my friend you are in for the long haul. Having your property valued by a professional valuation company could be a good starting point before you market your property.

So you might want to check out which media publications have a large distribution and are the most popular. Of course, the internet offers a large variety of property portals. The most popular national property portals are idealista.

You have also quite a big range of portals that focus more on international buyers. Our Spanishestate. Facebook , is also a great alternative for advertising your property. Imagine the networking impact of sharing your property with friends and each of these friends to their own network of friends. The current Spanish government has declared a state of emergency till April 15th.

Spain is currently locked down and all real estate viewing are forbidden since Spanish citizens are to stay at home. In Spain, you are not bound to advertise your property through one agent. You can advertise and sell your property as an owner if you are confident to do so.

518,000
* €/m2
210 m2 | 1 bedrooms | 4 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
We buy houses inland Spain as well as the Spanish Costas, but they must have the I am often in Spain looking for the right properties to add to my portfolio. Documentation needed when selling a house in Spain: Should you trust Fuster & Associates to complete the sale of your property in Spain, our. Thinking about selling your house in Spain? Fine. not sure if this is the right time to sell, you might consider renting out your property instead.

As we understand it there will be cgt on any profit at the rate of 19 per cent. Is the the only only tax payable?. We are in the process of We are in the process of selling our only house which is in the uk.

When it sells I plan on taking early retirement and immediately moving to Spain. I am 51 and my wife is The cgt that seems liable will completely change these plans.

Are there no easy solutions? The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year. Since we purchased, exchange rates plummeted as well as the property market.

Would I be liable for any tax? Capital Gains Tax is due on the profit made on all property sales in Spain. This is a legal requirement when Non-Residents sell property. To calculate this profit we need firstly to ascertain your original purchase price. We do this by. I was resident in Spain. I I was resident in Spain. What is the time scale to reinvest the gain in a new property to avoid CGT? Hi David, The time scale for reinvestment is normally 2 years, this would have been declared in the Tax delcaration where you would have promised the amount to be reinvested.

I have a question regarding Property Capital Gains Tax: Can a Non-Resident profit from a roll-over relief if the sale proceeds are re-invested in another property in another part of Spain? Hello, No, unfortunately this is only for residents in Spain that sell their main property and where they have lived permanently at least 3 years. At this point I am undecided whether to sell or to rent. I would like to understand the tax position in the event that I decide to sell the property.

The total cost of purchase can include transmission tax, lawyer, notary and registration fees. Is this correct? An official licence was obtained for a minor reform and taxes paid. No structural work was conducted in the reform process. I understand that there are no allowances that relate to any of the money spent on the reforms when calculating my CGT obligations.

The reforms included new kitchen and appliances. Are there any other deductions allowable such as community fees, electricity, local council taxes, when calculating CGT? Will there be another tax applied to the sale called Plus Valia and is this a tax that I will pay?

If so how is it calculated? I understand that all selling fees and lawyers fees can be included in the final CGT tax computation. Are there any other taxes and or items that I have omitted? Hello Tim, Will try to answer the best as possible below to your queries: 1. Yes, this is correct. The answer is correct there are no allowance for minor works carried out on the property, had it been an New Building and extension of the property with a new Title Deed then this would have been allowed.

No, unfortunately no. Selling feed such as the estate agents commission can be deducted. We believe you included everything in your list. A few queries from an old sea salt. Will gladly reimburse if required for your time and expertise! I have been Non-Resident in Spain since mid I return to Spain during my field-breaks. Therefore, I am in the UK for approx days out of days.

Am I still legally a Non-Resident with around days per year living in Spain? Since August , I have lived in Granada and intend to retire there in when I reach 66 years. When I retire, I believe it will be mandatory to take full residency as my presence in Spain will become permanent. Please can you confirm? My property in Granada was purchased for circa , There is no outstanding mortgage Should I sell my house after 4 to 6 years after retiring and have taken full residency status, I believe I might be exempt from Capital Gains.

Please can you clarify if my reasoning is correct or otherwise? If any profit from the sale of the Granada property was transferred back to the UK, would I be subject to any UK foreign earnings taxes the money would probably be invested into a retirement apartment?

We do not know if there will be change of laws when you intend to retire in , but according to todays situation you will have to become resident in Spain if you intend to live permanently in Spain.

According to todays tax situation if you are over the age of 65 years old, you are pensioner, have been resident in Spain for over three years and the property you are selling has been your main residence you willl be exempt of Capital Gains Tax.

Dear Sirs As non residents we built a house in spain on ground we already owned. Property sold end for ,Euros. All paperwork of no value to the purchaser, destroyed in Jan Our Gestoria argued that the property was sold with a house, and despite us no longer having the builders receipts the value of the build was approx E plus costs. Agencia Tributaria has reassessed the CGT now due at about 41,euros and we are in the process of appealing.

We have had to pay 5,thousand euros in April in order to defer payment and appeal and further payments of some 2,thousand euros per month for the next 12 months. The Agencia has made no ruling as yet, I gather it has 6mths to respond. This means shortly if we receive no ruling, we will have to appeal to a Tribunal to overrule the Agencia and have our payments returned.

I am very unwilling to continue to make payments as the amount demanded is patently incorrect. If the Tribunal does not overrule the Agencia, we will not receive any repayments either. Please can you advise if this is legal that the agencia can invent this CGT due when we provided all the paperwork to the Notary at the time of registration of the property.

This seems to be a false calculation we are being asked to pay.. Dear Jennifer, It is complicated to give you detailed information without seeing the documentation of the property. In these cases it is vital that you have all documentation and paperwork in place and in order, without it is very difficult to claim anything at all from the Agencia Tributaria.

Also the registration of the building should have been done before to avoid any possible issues. We assume you legal team is doing all that is possible with the tools and paperwork they have on the property. Sorry we can not really be of any further assistance.

But this was all taken care of when property was sold, what she do? Hello, Thanks for your message. We would need to see all paperwork, taxes paid, and letter of the Tax Authority to be able to asses in this matter. If you wish to send us all documentation on your case you can do so by emailing us at info abacoadvisers. Dear Miriam. No one seems to be able to confirm. Is the gain on the , euros or euros? Many thanks in advance IAN. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc.

We can not do this if you paid by cash and have no VAT receipt. Hi, Our recommendation is to have your solicitor claim the to the buyer and their representative.

Hi Anne, Yes unfortunately yes, you will have to pay property tax. Should you need assistance please contact our colleague Jessica at the following email jsp abacoadvisers.

My husband and I bought an apartment in Spain in for , euros. We want to sell it but it but we will sell it at lost. According to the market value it is worth , euros. We are non-residents. We have finished paying for the mortgage. We are over 65 years old. How much? Do we have to pay Income tax in the UK? Even though we will not make any profits. Should you need any help in the process please contact us at info abacoadvisers.

If you are residents you would pay Tax on your world wide income including the proeprties, there could also be Wealth Tax on top of income Tax. The rent for the properties has to be declared in the UK as well as in Spain, Tax paid on the rental income is deducted from the Tax to pay here under the double Taxation treaty.

Should you have any further queries please do not hesitate to contact us at info abacoadvisers. I am a non resident but have owned a small town house in a village since Would i have to pay any tax as it will be sold for a loss? We currently have an offer on our home in Spain. I am 69 years old and my wife is We have been residents in Spain for the past 8 years and permanent residents for the past 1 year. Will my wife be liable for CGT on her half of any profit made?

This is our only residence, we do not own any other property. Thank you so much. Hi, if we sell our spanish home privately without an estate agent, who pays the solicitors fees, the seller or the buyer. Hi Janice, The buyer will pay for his solicitor and the seller for his own solicitor, if you have the same solicitor in the process if depends on the agreement you reach.

If you have any authority for your answer, that would be greatly appreciated. Hi Kirsten, Thank you for contactin us. For example, is you sell a property for Hi, I have Spanish recidencia and have had for 15 years, but am British. Am I correct that if you sell your property in Spain but then fully reinvest any profit in further more properties in Spain you do not pay the capital gains tax, because you will be paying the tax on the new property or properties?

Because I am paying the tax on 2 new property purchases, would I still have to pay the Capital gains on the profit from the original sale? I was told if profit is reinvested in to the Spanish property market within a 2 year period you do not pay the tax on profit?

Hi Andy, It is correct that if you sell and reinvest any profit you will avoid the capital gains tax, but if you buy two properties you will have to pay capital gains tax as you can not have two different main residences. Hi, we have been living in France for fifteen years, and the plan is to sell our home and enable early retirement by living in rented accomodation in Spain. Trouble is, we have heard that we may be subject to capital gains tax by the Spanish authorities, even though it is our principle home?

Hi Richard, Yes this would be the case, it is always advisable to sell the the year prior to coming to Spain to be a Resident. Will my wife and her brother be liable for any Taxes or Capital Gains Tax on the property before they become the legal owners of it?

If so what amounts are they When they become the legal owners of it , they both aim to sell it asap and she and I will return to the UK, what tax liabilities will there be when the Villa is sold Thank your help Geoff Cherry. Hi, First they will inherit, they will become owners and will pay Inheritance Tax.

The reduction in the Valencia Region is Please do not hesitate to contact us should you have any further queries. I bought land in Spain in with my Husband who died 6 years ago. We were both OAP s when we moved here and my husband was disabled.. We were both Spanish residents but have not paid tax or been asked to do as we only had some money from our British sale.

We have always paid British Tax. Cash price for the land was 40, euros. As I am now disabled and not able to keep the property would like to return to Britain before Britain is totally out of the EU. We built up a small casita, pool and a summer house and kept bills to prove this. As I am 80 years old this year. Thank you for your help. Hello, We are sorry to hear about your situation. Should you request any assistance from us please call us at or email us at info abacoadvisers. Hi I have been sent this regarding being able to reduce the selling price of your property by taking away the balance of the mortgage when you sell.

Hi, In order to be able to obtain relief when selling you residential home to purchase another you must have owned the property and living in the house for over three years as a Tax Resident and be reinvesting the full amount in the new property.

If you do not reinvest the full amount then you can only dedduct a percentage. I have received a gift from my parents of a property in Spain. All taxes are paid there. However, is there anything I would need to declare being a resident myself in the UK? Hi Alejandro, No, you will not need to declare it being a resident in the UK. You will just need to pay your yearly property taxes as non-resident in Spain for the property you have received.

Where can i get a copy. Hi Nadine, You may check at the notary you signed the sale or with the buyers. Hi Roy, In the case the Tax has to be declared here on the H but also under the Double Taxation treaty in their own country deducting any Tax paid here from the Tax to pay there. You will have to declare the sale in the UK and the Tax paid here is deducted from the liability you may have in the UK under the double Taxation treaty.

Hi Oscar, I am considering becoming a Spanish resident before the end of the year. I own a small apartment in the UK which I will keep to use when I travel back to visit. Can you tell me if I will have to declare it and pay any taxes on it each year? I am a non-resident property owner,in Spain,i am Hi Joe, If you sell your property as a non-resident in Spain and you make a profit on the sale, yes you will have to pay Capital Gains Tax.

Toggle navigation. Table of Contents. See all It might be of your interest Calculating capital gains tax in Spain when selling your property Proposals for capital gains tax in the UK Changes to Spanish capital gains tax. Leave a comment. Submit comment. Michael Dawson 1 May, am. Suzanne O'Connell 2 May, pm.

Bernard Wasape 5 May, am. Suzanne O'Connell 8 May, pm. Hi Bernard Hi Bernard Capital Gains is based on the purchase value plus official costs less the sale prices less costs and you are taxed on the difference. David Larby 6 November, am. Suzanne O'Connell 13 November, am. Joanna Thomas 20 November, am. Many thanks. Suzanne O'Connell 2 December, pm. Dear Joanna Dear Joanna This is quite a complex case and each case such as this must be studied to see if modifications and builders' receipts are acceptable or not.

Martin Osmond 30 December, am. Suzanne O'Connell 1 January, pm. Dear Martin Dear Martin There is no allowance for capital gains tax. Annmarie Newton 30 December, pm. Suzanne O'Connell 5 January, am. Hi Annmarie Hi Annmarie You pay tax on the capital gains made from the difference between the sale price and the purchase price. Dave murphy 17 January, pm.

Suzanne O'Connell 28 January, pm. Hi Dave Hi Dave The costs for the solicitors, agents' fees etc. Harriet Smith 20 January, pm. Suzanne O'Connell 13 February, am. Hi Steve Hi Steve The tax is based on the purchase price plus costs then the sale price less costs and you pay tax on the difference. Suzanne O'Connell 4 March, pm. Hi Steve Hi Steve Unfortunately, the capital gains is calculated from the date of purchase of the property to the sale.

Jacqueline Ramscar 6 February, pm. Hi Jacqueline Hi Jacqueline If you are a tax resident for more than three years and over 65 and you sell your house when you are still a resident then there is no capital gains tax to pay. Mr vincent rochester 7 February, pm. Suzanne O'Connell 12 February, am. Adrian Barry 15 February, pm. Suzanne O'Connell 22 February, pm. Dear Adrian Dear Adrian If you sell and move to Spain in the same tax year and are here for days then you have to pay capital gains tax here.

Viv 18 February, am. Suzanne O'Connell 18 February, pm. Gans 18 March, pm. Suzanne O'Connell 22 March, pm. Hi Gans Hi Gans Yes, you will have to pay capital gains tax here. John Andrews 25 March, pm. Suzanne O'Connell 31 March, pm. The property has to be The property has to be declared and if there is no capital gain then there is no tax to pay. David Franklin 28 April, am.

Suzanne O'Connell 30 April, am. Chris 4 May, pm. Resident in Spain, with Resident in Spain, with property here. Property in UK that one day I may wish to sell. Suzanne O'Connell 10 May, pm. Hi Chris Hi Chris No. Suzanne O'Connell 20 May, pm. Hi Carl Hi Carl As a file has been opened the time line of four years is extended. Lynn Elkington 20 May, am. Suzanne O'Connell 24 May, pm. Suzanne O'Connell 1 June, pm.

Hilly P 2 June, pm. Suzanne O'Connell 11 June, pm. Hilly P 9 June, am. Suzanne O'Connell 14 June, pm. Hi Hilly Hi Hilly It would have to be at least one full tax year. Susan Bramley 20 June, am. Suzanne O'Connell 24 June, am. Hi Susan Hi Susan I'm afraid capital gains tax is still payable.

Susan Bramley 21 June, am. David Pryor 15 July, pm. Suzanne O'Connell 18 July, pm. Jay 15 July, pm. Suzanne O'Connell 24 July, am. Then it is all about adding and redecorating the property so that it looks tidy, bright and warm. Many sellers think that because property prices are picking up again, they will get as much money as before the property bubble. If you want to sell your property within a reasonable time frame you have to be realistic about your asking price. In the chart below you can see the average property price in euros per m2 in Spain compared to the province of Alicante.

If you overprice your property with the idea that the asking price is negotiable, then my friend you are in for the long haul. Having your property valued by a professional valuation company could be a good starting point before you market your property.

So you might want to check out which media publications have a large distribution and are the most popular. Of course, the internet offers a large variety of property portals. The most popular national property portals are idealista.

You have also quite a big range of portals that focus more on international buyers. Our Spanishestate. Facebook , is also a great alternative for advertising your property. Imagine the networking impact of sharing your property with friends and each of these friends to their own network of friends.

The current Spanish government has declared a state of emergency till April 15th. Spain is currently locked down and all real estate viewing are forbidden since Spanish citizens are to stay at home. In Spain, you are not bound to advertise your property through one agent. You can advertise and sell your property as an owner if you are confident to do so.

965,000
* €/m2
Tip #2: Price it right
226 m2 | 5 bedrooms | 3 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
To enforce this rule, the Spanish Tax Authority withholds 3% from the sale of your property. This is taken directly from the purchaser so you only receive 97% of the​. Reach buyers in the UK, Spain, Holland, Russia, Sweden, Norway and more. We buy houses inland Spain as well as the Spanish Costas, but they must have the I am often in Spain looking for the right properties to add to my portfolio.

It seems the agent you contacted is trying to profit from buyer and seller, and I would have serious doubts to trust such an agent. If the price in the deeds of your apartment when you bought it in is higher than the price you are selling it for now, then, in theory, you should not have to pay any capital gains tax.

I say in theory because the Spanish tax office also has to believe that you are selling it for a lower price, otherwise, you can expect to receive a fine, but hopefully, I hope that does not happen. The thing is that you bought the apartment during the crisis and since then Spanish property prices have gone up, but the tax office sees that differently. The tax office calculates the value of your apartment and takes many things into consideration.

The walls are also taken to increase the m2 surface as well as a small percentage of communal grounds, such as pools, gardens, etc… There is no guarantee that if you appeal against the tax office you will get your euros back.

Anyway, you need to prove that your apartment was sold for the actual selling price at the time you bought it. Bear in mind that a solicitor will also cost you money, probably in the region of euros. If you decide to appeal, the tax office will inspect the sale and any other sales on that complex and there might be that some apartments were sold or have been sold for If that is not the case you have a good chance getting of your money back.

So you have to calculate that on top. For example: Selling price It is indeed very frustrating that the Spanish tax office takes a very long time to pay out refunds. I know firsthand that in some cases it takes up to 3 years and more. Many foreign sellers just forget about it and close their Spanish back account and that money stays in the tax office.

The frustrating part is that in most cases it is not worth it going to a solicitor for this since it is not more than 5. Important: If you closed your Spanish bank account you need to give a power of attorney to your solicitor so that they can reclaim the money back for you.

So only you are eligible for this exception in this specific scenario. For your wife to avoid paying CGT a smart thing can also be to reinvest the profit by purchasing another property in Spain. For example, buying a smaller or cheaper property.

By reinvesting your profit you are also exempt from paying CGT. Hope that helps. Kind regards Robbert. Share this Article. We sold our house feb which we had lived in over 15 years. We do not like living in the apartment and want to sell. Purchase price selling price maybe euro we know we may have some capital gains to pay. My question if we buy a static caravan on Residential Park Site near Antequera euro monthly community fee euro. Will this be classed as buying another home avoiding the retention fee.

Regards Trevor Dear Trevor, We are not totally sure we understand your question about the retention. Greetings from Malaga, I am 69 and my wife is 55 years old and we both are Spanish residents. We lived in our house for 22 years and we are now selling our house.

Am I exempt from paying capital gains tax for only half the selling value and responsible for paying tax on the other half because my wife is not 65 yet? Thanks in advance. Is this correct? We are non-residents in Spain. Thank you in advance. I overheard someone talking about a new rule in Spain which is that the bank now is the one paying notary fees and other costs when buying a property in the country.

Is that really true? We are in the process of purchasing a property in Spain. We have paid the deposit and everything appears to be going through.

We are living in England and paying the price in pounds to an English Bank as the sellers are English. We agreed on on a price at euro rate to the pound some months ago, but this has now fallen. However, we have just been sent a list of legal retentions that must be paid by the sellers.

However, this long list -Spanish capital gains, plusvalia, estate agent pending fees, pool declaration costs is being added up and converted from euros to pounds and we are expected to deduct this off the sellers selling price for the property and transfer the money to Spain in euros.

The fall in the pound, plus transfer fees is going to cost us a lot of extra money. Is this right? Your guidance on this would be helpful The exchange rate should be the rate on the day of the purchase to avoid further discussions about this. It was left in a will. The solicitor told us it was sold but now we cant get in contact with him. We have tried calling, emailing, WhatsApp but no response.

What should we do next? How long does it take for seller to receive money after completion of sale? Hello, We bought a villa in We paid showing clearly on our escritura Euros , and Plus Valia Euros 60, So we actually paid euros , approximately.

Now in we are selling at gross euros , Please — will capital gains profit tax be levied on us at , or ,? Namely, our cost for current tax liability purposes was K or K?

At the time of signing, how does it work that we would have already paid off Do we just agree between seller and buyer that the house is being bought for Also, am I correct in assuming the buyer pays no estate agent fees? Hi, We live in Mallorca in a house purchased by my husband 11 years ago.

He is non-resident, works overseas for more than 6 months of the year. This is our main home. What tax implications when selling? Thank you You would have to pay quite a lot of Capital Gains tax since you made quite a lot of profit. I am a resident of the USA and live in California. My mother who was born and raised in Spain passed away recently. In her will, she transferred ownership of a piece of property she owned to my brothers and I. We are now on title for the property and we want to sell it to a family member in Spain or list it on the open market we want to do this remotely and not have to come up to Spain for this transaction.

We want to understand what the market value is for the property so we think the best way forward is to get a fair market value opinion from 2 to 3 agents who work in that part of Spain. Once we have a number for the fair market value we can then discuss a purchase price with our cousin or we may decide to list it on the open market. What is the best way to start this process?

And do you think we need more than one opinion from a real estate agent as to what the fair market value is?

If we decide to sell to our family member we will, of course, save quite a bit on the commissions so if we decide to go that route I am assuming that all we would need is an attorney to help with the transaction? We bought a property for k euros in and are now selling at 85k! So we will have to pay a large amount even though we have lost money! Is there anything we can do about this? We believe the lady went to prison! Thanks, Sandy Sadly enough you cannot undo what the selling amount is in the escritura of , since you signed for it by power of attorney.

Are there any other options for her? Hi there, in your article you do not mention that the buyer also has to pay Estate agency fee. Would you be able to explain in what areas of Spain they follow similar practice? Thank you Charging the buyer is not a common practice in Spain and many foreign buyers are led to believe otherwise. The estate agent was Derryl from Undiscovered Spain and her partner Diego.

I have asked for paperwork but have received nothing so far and they are becoming elusive, what can I do? Is there a law that ensures I should have a copy of all paperwork? Presumably, this is to avoid those astronomical fees. If you are happy to advertise and show people around yourself, and surely your solicitor would deal with the invoices for CGT calculations anyway?

Thank you. Dear Robert, Thank you for your excellent answers. Now we have a question. We are thinking of selling our apartment in Malaga province. We bought the property in for approx euros and the selling price is now We want to buy a property in Torremolinos reinvest for the same amount. However, if we have to pay CGT it means we can only afford to buy a property of approx euro.

Is there anything we can do to be exempt from the CGT Our situation Sole owner — a permanent address in DK Owner since non-resident living in Spain for just under 6 months a year. Chronic health issues improved by Spanish weather conditions.

We own our own property which we completed the purchase on the 2nd July for , We are selling the apartment for , We will then be investing all the funds into a property in the UK although it may not be straight away as we need to find something.

Please could you advise if we would need to pay Capital Gains Tax and how it works. On our calculations it would be about 10 grand which we would not be lost should we not be able to get it back knowing Spain! If this is the case I suppose it would be better to wait until after 2nd July to sell?

Your advice on this matter would be greatly appreciated. I should mention we are tax residents. I would like to sell my house in Tenerife, It was bought by my mother in for 6 million pesetas, and we lived there as a family until her death in when I inherited the house.

The deeds were changed over to my name and the property was valued at This then gives the new total value to be I will certainly buy a new property, but would probably only invest half of the sale amount, and may possibly not live in it for over three years. Any help would be appreciated. We are both well over 65 and wish to sell our villa which we have lived in for 12years, and return to UK to buy a property to live in would there be any problem transferring to money to UK When you sell your house in Spain you will have to pay your taxes in Spain and next year you will have to do your income tax declaration in Spain.

Hi, is it legal for a buyer to claim for maintenance costs after the sale has completed? We sold a property in Spain last September, the buyers had a walk through to see how everything worked five days before completion and at the time I showed them how the aircon worked and it was working fine. One thing that has stunned us is the estate agency fees, compared to the UK which I know for a fact are very very low, mainly because of online sales, our eldest son works in this field but even so have never been at the rates that are charged here, how do they get away with it, it is not as if you get shiny posh brochures these days, everything is online, there can be no justification for this, so my next question is Can you report these high fees to an ombudsman, or do we just suck it up like zillions of others, if I was younger and more computer literate I would do it my self, but alas like most of us because of the hassle and language factor must put ourselves at the mercy of the rip off merchants.

I am selling a property in Spain. I inherited it from my brother who died. All taxes were paid to both the British and Spanish authorities. I am selling the house and have bought a new built property nearby. The buyers solicitors are asking to retain money. I have paid all bills ,taxes and everything that needs to be done in Spain to sell a property. There is nothing that I have not done. Why is the buyers solicitors insisting on retaining an amount of euros. I see no reason for it. I even reduced the price to sell.

Please give me your advice. We are residents in Lanzarote having moved here in March we bought a property in May this is our only property. We are considering moving back to the Uk and would like to know our selling costs. We can see the costs for non residents but not for residents! When and if we move we will be buying a property in the UK.

Hello I had a question about definition of being resident in my house. I currently have NIE status and live just under 6 months a year at my house in Spain. I am 66 years of age. Would I still be exempt from Capital Gains Tax in the event of selling my property? Because of the long ownership the selling cost is much greater than the purchase price I paid. Will I have to pay the full CGT.

The property is in the Malaga district. Is this normal practice as I thought it was always the Seller who pays this fee? I bought a studio apartment 9 years ago it is now worth less than when I bought it. In , I bought a 1bedroom apartment in Tenerife for For which I paid tax on.

I have recently had a demand from tax authorities for 5, Euros. They are saying they value my apartment at , Euros. Totally unrealistic. At best apartments in the complex are currently selling at 85,Euros. What can I do? We have outstanding money to pay. I look forward to your reply Kind Regards Stephen Thank you for your question. Many thanks in advance IAN. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc.

We can not do this if you paid by cash and have no VAT receipt. Hi, Our recommendation is to have your solicitor claim the to the buyer and their representative. Hi Anne, Yes unfortunately yes, you will have to pay property tax. Should you need assistance please contact our colleague Jessica at the following email jsp abacoadvisers. My husband and I bought an apartment in Spain in for , euros.

We want to sell it but it but we will sell it at lost. According to the market value it is worth , euros. We are non-residents. We have finished paying for the mortgage. We are over 65 years old. How much? Do we have to pay Income tax in the UK? Even though we will not make any profits.

Should you need any help in the process please contact us at info abacoadvisers. If you are residents you would pay Tax on your world wide income including the proeprties, there could also be Wealth Tax on top of income Tax. The rent for the properties has to be declared in the UK as well as in Spain, Tax paid on the rental income is deducted from the Tax to pay here under the double Taxation treaty.

Should you have any further queries please do not hesitate to contact us at info abacoadvisers. I am a non resident but have owned a small town house in a village since Would i have to pay any tax as it will be sold for a loss? We currently have an offer on our home in Spain. I am 69 years old and my wife is We have been residents in Spain for the past 8 years and permanent residents for the past 1 year.

Will my wife be liable for CGT on her half of any profit made? This is our only residence, we do not own any other property. Thank you so much. Hi, if we sell our spanish home privately without an estate agent, who pays the solicitors fees, the seller or the buyer.

Hi Janice, The buyer will pay for his solicitor and the seller for his own solicitor, if you have the same solicitor in the process if depends on the agreement you reach. If you have any authority for your answer, that would be greatly appreciated.

Hi Kirsten, Thank you for contactin us. For example, is you sell a property for Hi, I have Spanish recidencia and have had for 15 years, but am British. Am I correct that if you sell your property in Spain but then fully reinvest any profit in further more properties in Spain you do not pay the capital gains tax, because you will be paying the tax on the new property or properties? Because I am paying the tax on 2 new property purchases, would I still have to pay the Capital gains on the profit from the original sale?

I was told if profit is reinvested in to the Spanish property market within a 2 year period you do not pay the tax on profit? Hi Andy, It is correct that if you sell and reinvest any profit you will avoid the capital gains tax, but if you buy two properties you will have to pay capital gains tax as you can not have two different main residences.

Hi, we have been living in France for fifteen years, and the plan is to sell our home and enable early retirement by living in rented accomodation in Spain. Trouble is, we have heard that we may be subject to capital gains tax by the Spanish authorities, even though it is our principle home?

Hi Richard, Yes this would be the case, it is always advisable to sell the the year prior to coming to Spain to be a Resident. Will my wife and her brother be liable for any Taxes or Capital Gains Tax on the property before they become the legal owners of it? If so what amounts are they When they become the legal owners of it , they both aim to sell it asap and she and I will return to the UK, what tax liabilities will there be when the Villa is sold Thank your help Geoff Cherry.

Hi, First they will inherit, they will become owners and will pay Inheritance Tax. The reduction in the Valencia Region is Please do not hesitate to contact us should you have any further queries. I bought land in Spain in with my Husband who died 6 years ago.

We were both OAP s when we moved here and my husband was disabled.. We were both Spanish residents but have not paid tax or been asked to do as we only had some money from our British sale. We have always paid British Tax. Cash price for the land was 40, euros. As I am now disabled and not able to keep the property would like to return to Britain before Britain is totally out of the EU.

We built up a small casita, pool and a summer house and kept bills to prove this. As I am 80 years old this year. Thank you for your help. Hello, We are sorry to hear about your situation. Should you request any assistance from us please call us at or email us at info abacoadvisers. Hi I have been sent this regarding being able to reduce the selling price of your property by taking away the balance of the mortgage when you sell. Hi, In order to be able to obtain relief when selling you residential home to purchase another you must have owned the property and living in the house for over three years as a Tax Resident and be reinvesting the full amount in the new property.

If you do not reinvest the full amount then you can only dedduct a percentage. I have received a gift from my parents of a property in Spain. All taxes are paid there. However, is there anything I would need to declare being a resident myself in the UK? Hi Alejandro, No, you will not need to declare it being a resident in the UK.

You will just need to pay your yearly property taxes as non-resident in Spain for the property you have received. Where can i get a copy. Hi Nadine, You may check at the notary you signed the sale or with the buyers. Hi Roy, In the case the Tax has to be declared here on the H but also under the Double Taxation treaty in their own country deducting any Tax paid here from the Tax to pay there.

You will have to declare the sale in the UK and the Tax paid here is deducted from the liability you may have in the UK under the double Taxation treaty. Hi Oscar, I am considering becoming a Spanish resident before the end of the year. I own a small apartment in the UK which I will keep to use when I travel back to visit.

Can you tell me if I will have to declare it and pay any taxes on it each year? I am a non-resident property owner,in Spain,i am Hi Joe, If you sell your property as a non-resident in Spain and you make a profit on the sale, yes you will have to pay Capital Gains Tax. Toggle navigation.

Table of Contents. See all It might be of your interest Calculating capital gains tax in Spain when selling your property Proposals for capital gains tax in the UK Changes to Spanish capital gains tax. Leave a comment. Submit comment. Michael Dawson 1 May, am. Suzanne O'Connell 2 May, pm. Bernard Wasape 5 May, am. Suzanne O'Connell 8 May, pm. Hi Bernard Hi Bernard Capital Gains is based on the purchase value plus official costs less the sale prices less costs and you are taxed on the difference.

David Larby 6 November, am. Suzanne O'Connell 13 November, am. Joanna Thomas 20 November, am. Many thanks. Suzanne O'Connell 2 December, pm. Dear Joanna Dear Joanna This is quite a complex case and each case such as this must be studied to see if modifications and builders' receipts are acceptable or not.

Martin Osmond 30 December, am. Suzanne O'Connell 1 January, pm. Dear Martin Dear Martin There is no allowance for capital gains tax. Annmarie Newton 30 December, pm. Suzanne O'Connell 5 January, am. Hi Annmarie Hi Annmarie You pay tax on the capital gains made from the difference between the sale price and the purchase price. Dave murphy 17 January, pm. Suzanne O'Connell 28 January, pm. Hi Dave Hi Dave The costs for the solicitors, agents' fees etc.

Harriet Smith 20 January, pm. Suzanne O'Connell 13 February, am. Hi Steve Hi Steve The tax is based on the purchase price plus costs then the sale price less costs and you pay tax on the difference. Suzanne O'Connell 4 March, pm. Hi Steve Hi Steve Unfortunately, the capital gains is calculated from the date of purchase of the property to the sale.

Jacqueline Ramscar 6 February, pm. Hi Jacqueline Hi Jacqueline If you are a tax resident for more than three years and over 65 and you sell your house when you are still a resident then there is no capital gains tax to pay. Mr vincent rochester 7 February, pm. Suzanne O'Connell 12 February, am.

Adrian Barry 15 February, pm. Suzanne O'Connell 22 February, pm. Dear Adrian Dear Adrian If you sell and move to Spain in the same tax year and are here for days then you have to pay capital gains tax here. Viv 18 February, am. Suzanne O'Connell 18 February, pm.

Gans 18 March, pm. Suzanne O'Connell 22 March, pm. Hi Gans Hi Gans Yes, you will have to pay capital gains tax here. John Andrews 25 March, pm.

Suzanne O'Connell 31 March, pm. The property has to be The property has to be declared and if there is no capital gain then there is no tax to pay. David Franklin 28 April, am. Suzanne O'Connell 30 April, am. Chris 4 May, pm. Resident in Spain, with Resident in Spain, with property here.

Property in UK that one day I may wish to sell. Suzanne O'Connell 10 May, pm. Hi Chris Hi Chris No. Suzanne O'Connell 20 May, pm. Hi Carl Hi Carl As a file has been opened the time line of four years is extended. Lynn Elkington 20 May, am. Suzanne O'Connell 24 May, pm. Suzanne O'Connell 1 June, pm. Hilly P 2 June, pm. Suzanne O'Connell 11 June, pm. Hilly P 9 June, am. Suzanne O'Connell 14 June, pm. Hi Hilly Hi Hilly It would have to be at least one full tax year.

Susan Bramley 20 June, am. Suzanne O'Connell 24 June, am. Hi Susan Hi Susan I'm afraid capital gains tax is still payable. Susan Bramley 21 June, am. David Pryor 15 July, pm. Suzanne O'Connell 18 July, pm.

Jay 15 July, pm. Suzanne O'Connell 24 July, am. Gillian Breakwell 22 July, pm. Suzanne O'Connell 25 July, pm. DM 28 July, pm. Hi there Hi there 3.

CGT questions for you: 1. Many thanks — congrats on website and forum — very useful and insightful. Suzanne O'Connell 3 August, pm. Hi Hi To answer your questions: 1. No, the paying off of the mortgage will not influence the CGT 2. David Barton 31 July, am. Hi David Hi David No. There will also be Plus Valia to pay. Ian walker 2 August, pm.

Suzanne O'Connell 7 August, pm. Hi Ian Hi Ian The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year. Colin 5 August, pm. Suzanne O'Connell 8 August, pm. David 11 August, am. Do I have to complete within that time, or can I place a deposit on a new property?

Oscar Paoli 11 November, pm. Mrs Glenda Pennell 3 October, pm. Oscar Paoli 7 October, am. No, in this case you will not need to do so. Neary Rama 10 October, am. Oscar Paoli 10 October, am. Tim Solway 14 October, pm. Earlier this year I purchased a one bedroom flat. Lots of questions. Your advice would be appreciated. Oscar Paoli 17 October, pm. Ken Cook 22 October, am.

Regards Ken Cook. Oscar Paoli 23 October, pm. Hello Ken, As answer to your query you are still non-resident in Spain. If you are resident in Spain you should not be required to pay taxes back in the UK. Oscar Paoli 24 October, am. Anonymous 25 October, am. Oscar Paoli 25 October, am. Ian Radford 6 November, pm. Oscar Paoli 7 November, am. These calculations will leave us with a final sale figure.

Karacsonyi Robert 14 November, pm. Thank you! Oscar Paoli 15 November, pm. Anne Marie Frisby 17 December, pm. Oscar Paoli 17 December, pm. Carmen 31 December, pm. Oscar Paoli 2 January, pm. Howard 10 January, am. It is our intention to reside there for more than 26 weeks of the year I have 13 properties in the uk all in my sole name that I rent out. If we become resident in Spain what taxes will I pay and how much Thank you H. Oscar Paoli 13 January, pm. Julie Hill 10 January, pm.

Michael Coles 10 January, pm. Janice 10 January, pm. Kirsten Jackson 12 January, pm. Dear Sirs, I would appreciate your advice on the following query. Kind regards,. Andy 24 January, am. Thanks in advance! Oscar Paoli 29 January, pm. Richard Glynn 26 January, pm. Geoff Cherry 31 January, am. Oscar Paoli 4 March, pm. David Patchett 31 January, pm. Have the Spanish government legislated on the Plusvalia tax yet. Oscar Paoli 5 February, pm.

Oscar Paoli 10 February, pm. Chris Roberts 11 February, pm. Angela Johnson 18 February, pm. Oscar Paoli 18 February, pm. Alejandro Moreno 4 March, pm. Hi, I have received a gift from my parents of a property in Spain. Thanks in advance. Nadina Cole 14 March, am. Oscar Paoli 16 March, pm. Roy Hall 31 March, pm. Thanking you.

361,000
* €/m2
Property registry costs → Buyer
278 m2 | 5 bedrooms | 9 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
Thinking about selling your house in Spain? Fine. not sure if this is the right time to sell, you might consider renting out your property instead. How do I sell my property with Houses In Spain? Share this page. If you want to sell property in Spain quickly then contact us today. Put your Property in Spain front of our database of Cash Buyers. all types of property so if you have a villa in Malaga, an apartment in Barcelona, a house in Madrid, a plot of.

A the seller sold his apartment in Mallorca to Mr. B the buyer. When Mr. A bought the apartment in he paid Now Mr. A has managed to sell the apartment in to Mr. B for Dear Trevor, We are not totally sure we understand your question about the retention. Dear Greg, Your assumption is correct; in the sense that the gain related to the share of the co-owner who is older than 65 years old would be exempt without the need for reinvesting in another main home.

However, this rule applies only to the main home and therefore to tax residents in Spain. Therefore, without further information, we would suggest that your share would be exempt if the property is your main home and provided that you have been Tax resident in Spain, meaning that you have been submitting taxes here as residents. Your wife may benefit from the exemption in the event that she reinvested in another main home within 2 years.

Please note that not all types of refurbishes costs can be taken into consideration for this purpose. The pertinent items and invoices should be carefully analyzed to avoid possible tax inspections and associated sanctions. This is recoverable by the seller following satisfactory proof that the full amount of CGT and any other taxes due have been paid.

What a bummer. I really feel sorry for you. However, there is not a set fee or minimum price by law for that. That is only true for the mortgage costs if a mortgage is needed. The taxation of the property is still to be paid by the buyer when buying with a mortgage.

The exchange rate should be the rate on the day of the purchase to avoid further discussions about this. Alternatively, you can also agree on a fixed purchase price, that is up to you. That is not something you should pay for. You will need to go to the notary in Spain to get things started. The notary will advise you what to do and what papers you need. The papers you will need are: 1 NIE number of the deceased person s your mother and from the persons who are inheriting.

NIE number is a ID number for foreigners. In most cases, the money is received at completion. However, international bank transfers might take days to complete, and in some cases, banks can retain the funds for 1 week or so.

That is a very odd situation since normally the plusvalia is paid by the seller. Do you have a receipt for this 60k payment? In a normal situation, taxes are usually calculated from the amount presented in the escritura. From reading the first page of the deeds, it says that all the costs arising from the sale are to be paid by the buyer except the Plusvalia which is for the seller.

Having concluded that, the 60K is not the plusvalia, then it must be another payment. Do you remember if you paid this amount in cash? It also can be a downpayment you made or b money. I say this because I know that up to 5 years ago it used to be a regular practice to pay amounts in B to avoid paying extra taxes. It also can be that the estate agents or intermediary took this 60k and declared only a selling price of K, which regrettably also happens quite often. In that case the seller only got k and could have been unaware that you paid K.

Anyway, see if you can find the official receipt for the 60k. This is risky because in the meantime the seller can mortgage the property and you can be left with a property that has debt on it.

In the contract, I would declare the full It is indeed correct for the solicitor to charge you euros. The solicitor acts on your behalf and has to check if what you are buying is in order and maybe negotiate some points with the seller or the other solicitor. For example, if the property is furnished there might be an inventory list etc and a portion of the selling price can be allocated to furniture in order to pay fewer taxes for example…The solicitor also has to calculate expenses prepare the option contract, etc….

So it is only reasonable your solicitor charges you euros. On the downside, solicitors can be very strict and can discuss endlessly with the other party which can create irritations and eventually the sale might fall through. You would have to pay quite a lot of Capital Gains tax since you made quite a lot of profit. Sorry to hear about your mother. I would not use an estate agent to have the property appraised since the market price they quote might be unreliable.

A good starting point would be to look at similar listings in for example idealista. You can just indeed use an attorney to handle the sale since selling a property in Spain is not that straightforward as it is in the US. Sadly enough you cannot undo what the selling amount is in the escritura of , since you signed for it by power of attorney.

Normally the Spanish tax office would give the property a higher selling valuation and sends out fine for it, which would decrease the amount you have to pay for CGT. I presume this has not happened and thus you will probably need to pay around 11k euros only on CGT if you sell at 85k. Make sure to gather any official invoices on any costs incurred related to the property, e.

Normally in each community, there are meetings where these things are discussed and it is advisable to go to these. My advice would be to talk to the president of the community or administrator and explain the situation. Charging the buyer is not a common practice in Spain and many foreign buyers are led to believe otherwise.

It is the seller that pays the commission from the money that was paid for the sale of the property. However, sometimes the agent can receive a portion of their commission when signing the option contract for their assurance should the sale fall through.

So my advice would be to make sure you know about the commission distribution and percentage in advance before dealing with any agent and preferably have that in writing to avoid any surprises. Thank you for your question. Since you did not make any profit you probably do not have to pay CGT. The Spanish tax office often takes its time to give you back the money left after paying all taxes.

Ask also for any other copies of the papers related to the sale. Hopefully, you also have the invoice of the euro commission and any other paper that can give you a clue as to where the other euros are. Were you there at the notary when the sale was completed? I say that because I have seen cases where the estate agent had sold the property for a different price and has kept the difference. I am not saying this is the case, but it has happened before.

You can also find out directly from the buyer what price they actually paid for since it seems quite odd that you paid You will probably have to go to the town hall and tax office to find exactly what has happened and if your taxes have already been paid or not, what was the exact amount that was paid and when do you expect to get any refunds and how much it is.

You certainly have a point there. You can do both, sell privately and through 1 or more agents, why not. You can, for example, try to sell it privately first for a couple of months and then decide to go through an agent. I would advise, however, to quote the same price for all clients, even if they come through an agent. It is also not fair for the agent to have your property listed for a lower price privately and is not a motivating factor for them either and your goal is ultimately to sell the property.

Some agents might also have a client database that they can ring up to see if they are interested in your property and that is a good thing since it increases your chances of selling it. I am afraid you will still have to pay CGT since the property in Spain is not your primary residence.

On top of that, if the reinvested amount is less than the total amount received in the transfer, only the proportional part of the capital gain obtained that corresponds to the amount reinvested will be excluded from taxation.

But this only in case your property in Spain is your primary residence. I would definitely wait after 2nd July to sell your property.

Anyway, you can already advertise it and start to make the arrangments to move back to the UK, since selling your property might take longer than expected. But I would recommend, if you find a buyer, to have the completion signed after the 2nd of July. I assume the property you own in Spain is your primary residence and you both are owners and are above If that is the case you do not need to pay CGT if you sell after 3 years, and you will only have to pay the municipal plusvalia, the estate agent and solicitor if you have any.

Inheriting a property is much like buying a property when it comes to paying CGT. In your case you will have to pay CGT from the moment you inherited the property since all taxes were already paid when you inherited the property.

I am a little bit confused as to how another property, in this case and old finca, could be added to the deeds. I imagine it was an old ruin on the premises which was reformed. You might only be able to deduct half of that if you are planning to reinvest by buying another property that is half the value of your sold property.

When you sell your house in Spain you will have to pay your taxes in Spain and next year you will have to do your income tax declaration in Spain.

You can transfer the money to your bank account in the UK, but for the tax declaration, you will have to declare your UK bank account. When transferring the money to the UK it is also a good idea to see what exchange rate your bank is charging, it is sometimes a smart move to use a currency broker to transfer your funds to the UK since that can also save you thousands of pounds.

Just a quick reply to your question. In Spain when you buy a house it is wysiwyg what you see is what you get. The airconditioning is not even part of the physical structure of the house and it is not possible to claim form any damages. Only in some extreme cases would the buyer be able to claim for structural construction damages, eg: buildings affected by aluminosis the degeneration of cement used in construction.

Rest assured that they will also not spend money on a solicitor for euros and it is only a scare tactic. So the best thing you can do is ignore it. I know it is outrageous what some agents charge. There even are agents that charge commission from both buyer and seller. The problem is that the profession of estate agent is not regulated in Spain and everybody with as little as a mobile phone can call himself estate agent. However, many agents do a good job, but because of the fierce competition in the field and the long time it takes to sell a house in Spain on average 10 months agents are sometimes forced to charge these high commissions to prevent going out of business.

Nevertheless, it feels indeed very injust compared to the fees in the UK. On the positive side a proper agent will give you an invoice for selling your property, which you can use to deduct from your capital gains tax, but in your specific case, you do not have to pay CGT since you already meet the exception criteria. There is, however, a growing group of agents that sell property for a fixed fee, which might be of your interest. I have gathered a list of these on-line agents in Spain.

When buying a new home, it very much depends on your situation and the region in Spain you are going to buy in. Hopefully, you both have your primary residence set in Spain for more than 3 years, since then you would be exempted from paying capital gains tax. When buying another property in Spain, you will have to pay your regular buying taxes as explained in this article.

Just to make sure ask the buyers solicitor if its for that. Otherwise, I see no reason why you should pay anything else. All other taxes are the same for both residents and non-residents. The period to be eligible for the GCT exception is 3 years at the minimum. My advice would be to gather all official invoices you have incurred for home improvements, solicitors costs etc and even the costs and invoices form your purchase in , since you can deduct all these costs from your CGT.

I do not understand your statement that the selling costs are greater than the purchase price. In the old days more than 5 years ago it was a common practice to buy a property with big sums of B money to avoid paying extra taxes.

Nowadays, it is almost impossible to do that since the tax office will make their calculations and buyers and sellers can get fined for selling at a low price. To do that you would have to make an inventory list. So if you sell it for It can be the case that an agent does not have many properties to offer a client and therefore might look for other partners or collaborating agents to offer the client more properties to choose from.

That is normal, and in these specific cases both agents will split the commission 2. It seems the agent you contacted is trying to profit from buyer and seller, and I would have serious doubts to trust such an agent. If the price in the deeds of your apartment when you bought it in is higher than the price you are selling it for now, then, in theory, you should not have to pay any capital gains tax.

I say in theory because the Spanish tax office also has to believe that you are selling it for a lower price, otherwise, you can expect to receive a fine, but hopefully, I hope that does not happen. The thing is that you bought the apartment during the crisis and since then Spanish property prices have gone up, but the tax office sees that differently. The tax office calculates the value of your apartment and takes many things into consideration.

The walls are also taken to increase the m2 surface as well as a small percentage of communal grounds, such as pools, gardens, etc… There is no guarantee that if you appeal against the tax office you will get your euros back.

Anyway, you need to prove that your apartment was sold for the actual selling price at the time you bought it. Bear in mind that a solicitor will also cost you money, probably in the region of euros. If you decide to appeal, the tax office will inspect the sale and any other sales on that complex and there might be that some apartments were sold or have been sold for If that is not the case you have a good chance getting of your money back.

So you have to calculate that on top. For example: Selling price It is indeed very frustrating that the Spanish tax office takes a very long time to pay out refunds. I know firsthand that in some cases it takes up to 3 years and more. Many foreign sellers just forget about it and close their Spanish back account and that money stays in the tax office.

The frustrating part is that in most cases it is not worth it going to a solicitor for this since it is not more than 5. Important: If you closed your Spanish bank account you need to give a power of attorney to your solicitor so that they can reclaim the money back for you. So only you are eligible for this exception in this specific scenario. For your wife to avoid paying CGT a smart thing can also be to reinvest the profit by purchasing another property in Spain.

For example, buying a smaller or cheaper property. By reinvesting your profit you are also exempt from paying CGT. Hope that helps. Kind regards Robbert. Share this Article. We sold our house feb which we had lived in over 15 years. We do not like living in the apartment and want to sell. Hello, No, unfortunately this is only for residents in Spain that sell their main property and where they have lived permanently at least 3 years. At this point I am undecided whether to sell or to rent.

I would like to understand the tax position in the event that I decide to sell the property. The total cost of purchase can include transmission tax, lawyer, notary and registration fees. Is this correct? An official licence was obtained for a minor reform and taxes paid. No structural work was conducted in the reform process.

I understand that there are no allowances that relate to any of the money spent on the reforms when calculating my CGT obligations. The reforms included new kitchen and appliances.

Are there any other deductions allowable such as community fees, electricity, local council taxes, when calculating CGT? Will there be another tax applied to the sale called Plus Valia and is this a tax that I will pay?

If so how is it calculated? I understand that all selling fees and lawyers fees can be included in the final CGT tax computation. Are there any other taxes and or items that I have omitted? Hello Tim, Will try to answer the best as possible below to your queries: 1. Yes, this is correct. The answer is correct there are no allowance for minor works carried out on the property, had it been an New Building and extension of the property with a new Title Deed then this would have been allowed.

No, unfortunately no. Selling feed such as the estate agents commission can be deducted. We believe you included everything in your list. A few queries from an old sea salt. Will gladly reimburse if required for your time and expertise! I have been Non-Resident in Spain since mid I return to Spain during my field-breaks.

Therefore, I am in the UK for approx days out of days. Am I still legally a Non-Resident with around days per year living in Spain? Since August , I have lived in Granada and intend to retire there in when I reach 66 years. When I retire, I believe it will be mandatory to take full residency as my presence in Spain will become permanent. Please can you confirm?

My property in Granada was purchased for circa , There is no outstanding mortgage Should I sell my house after 4 to 6 years after retiring and have taken full residency status, I believe I might be exempt from Capital Gains. Please can you clarify if my reasoning is correct or otherwise? If any profit from the sale of the Granada property was transferred back to the UK, would I be subject to any UK foreign earnings taxes the money would probably be invested into a retirement apartment?

We do not know if there will be change of laws when you intend to retire in , but according to todays situation you will have to become resident in Spain if you intend to live permanently in Spain. According to todays tax situation if you are over the age of 65 years old, you are pensioner, have been resident in Spain for over three years and the property you are selling has been your main residence you willl be exempt of Capital Gains Tax.

Dear Sirs As non residents we built a house in spain on ground we already owned. Property sold end for ,Euros.

All paperwork of no value to the purchaser, destroyed in Jan Our Gestoria argued that the property was sold with a house, and despite us no longer having the builders receipts the value of the build was approx E plus costs. Agencia Tributaria has reassessed the CGT now due at about 41,euros and we are in the process of appealing. We have had to pay 5,thousand euros in April in order to defer payment and appeal and further payments of some 2,thousand euros per month for the next 12 months.

The Agencia has made no ruling as yet, I gather it has 6mths to respond. This means shortly if we receive no ruling, we will have to appeal to a Tribunal to overrule the Agencia and have our payments returned. I am very unwilling to continue to make payments as the amount demanded is patently incorrect.

If the Tribunal does not overrule the Agencia, we will not receive any repayments either. Please can you advise if this is legal that the agencia can invent this CGT due when we provided all the paperwork to the Notary at the time of registration of the property.

This seems to be a false calculation we are being asked to pay.. Dear Jennifer, It is complicated to give you detailed information without seeing the documentation of the property. In these cases it is vital that you have all documentation and paperwork in place and in order, without it is very difficult to claim anything at all from the Agencia Tributaria.

Also the registration of the building should have been done before to avoid any possible issues. We assume you legal team is doing all that is possible with the tools and paperwork they have on the property. Sorry we can not really be of any further assistance. But this was all taken care of when property was sold, what she do?

Hello, Thanks for your message. We would need to see all paperwork, taxes paid, and letter of the Tax Authority to be able to asses in this matter. If you wish to send us all documentation on your case you can do so by emailing us at info abacoadvisers. Dear Miriam. No one seems to be able to confirm. Is the gain on the , euros or euros?

Many thanks in advance IAN. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc. We can not do this if you paid by cash and have no VAT receipt. Hi, Our recommendation is to have your solicitor claim the to the buyer and their representative.

Hi Anne, Yes unfortunately yes, you will have to pay property tax. Should you need assistance please contact our colleague Jessica at the following email jsp abacoadvisers. My husband and I bought an apartment in Spain in for , euros.

We want to sell it but it but we will sell it at lost. According to the market value it is worth , euros. We are non-residents. We have finished paying for the mortgage. We are over 65 years old. How much? Do we have to pay Income tax in the UK? Even though we will not make any profits. Should you need any help in the process please contact us at info abacoadvisers. If you are residents you would pay Tax on your world wide income including the proeprties, there could also be Wealth Tax on top of income Tax.

The rent for the properties has to be declared in the UK as well as in Spain, Tax paid on the rental income is deducted from the Tax to pay here under the double Taxation treaty. Should you have any further queries please do not hesitate to contact us at info abacoadvisers. I am a non resident but have owned a small town house in a village since Would i have to pay any tax as it will be sold for a loss?

We currently have an offer on our home in Spain. I am 69 years old and my wife is We have been residents in Spain for the past 8 years and permanent residents for the past 1 year. Will my wife be liable for CGT on her half of any profit made? This is our only residence, we do not own any other property.

Thank you so much. Hi, if we sell our spanish home privately without an estate agent, who pays the solicitors fees, the seller or the buyer.

Hi Janice, The buyer will pay for his solicitor and the seller for his own solicitor, if you have the same solicitor in the process if depends on the agreement you reach.

If you have any authority for your answer, that would be greatly appreciated. Hi Kirsten, Thank you for contactin us. For example, is you sell a property for Hi, I have Spanish recidencia and have had for 15 years, but am British. Am I correct that if you sell your property in Spain but then fully reinvest any profit in further more properties in Spain you do not pay the capital gains tax, because you will be paying the tax on the new property or properties?

Because I am paying the tax on 2 new property purchases, would I still have to pay the Capital gains on the profit from the original sale? I was told if profit is reinvested in to the Spanish property market within a 2 year period you do not pay the tax on profit?

Hi Andy, It is correct that if you sell and reinvest any profit you will avoid the capital gains tax, but if you buy two properties you will have to pay capital gains tax as you can not have two different main residences.

Hi, we have been living in France for fifteen years, and the plan is to sell our home and enable early retirement by living in rented accomodation in Spain. Trouble is, we have heard that we may be subject to capital gains tax by the Spanish authorities, even though it is our principle home?

Hi Richard, Yes this would be the case, it is always advisable to sell the the year prior to coming to Spain to be a Resident. Will my wife and her brother be liable for any Taxes or Capital Gains Tax on the property before they become the legal owners of it? If so what amounts are they When they become the legal owners of it , they both aim to sell it asap and she and I will return to the UK, what tax liabilities will there be when the Villa is sold Thank your help Geoff Cherry.

Hi, First they will inherit, they will become owners and will pay Inheritance Tax. The reduction in the Valencia Region is Please do not hesitate to contact us should you have any further queries. I bought land in Spain in with my Husband who died 6 years ago. We were both OAP s when we moved here and my husband was disabled.. We were both Spanish residents but have not paid tax or been asked to do as we only had some money from our British sale.

We have always paid British Tax. Cash price for the land was 40, euros. As I am now disabled and not able to keep the property would like to return to Britain before Britain is totally out of the EU. We built up a small casita, pool and a summer house and kept bills to prove this. As I am 80 years old this year. Thank you for your help.

Hello, We are sorry to hear about your situation. Should you request any assistance from us please call us at or email us at info abacoadvisers. Hi I have been sent this regarding being able to reduce the selling price of your property by taking away the balance of the mortgage when you sell.

Hi, In order to be able to obtain relief when selling you residential home to purchase another you must have owned the property and living in the house for over three years as a Tax Resident and be reinvesting the full amount in the new property.

If you do not reinvest the full amount then you can only dedduct a percentage. I have received a gift from my parents of a property in Spain. All taxes are paid there. However, is there anything I would need to declare being a resident myself in the UK? Hi Alejandro, No, you will not need to declare it being a resident in the UK. You will just need to pay your yearly property taxes as non-resident in Spain for the property you have received.

Where can i get a copy. Hi Nadine, You may check at the notary you signed the sale or with the buyers. Hi Roy, In the case the Tax has to be declared here on the H but also under the Double Taxation treaty in their own country deducting any Tax paid here from the Tax to pay there. You will have to declare the sale in the UK and the Tax paid here is deducted from the liability you may have in the UK under the double Taxation treaty. Hi Oscar, I am considering becoming a Spanish resident before the end of the year.

I own a small apartment in the UK which I will keep to use when I travel back to visit. Can you tell me if I will have to declare it and pay any taxes on it each year? I am a non-resident property owner,in Spain,i am Hi Joe, If you sell your property as a non-resident in Spain and you make a profit on the sale, yes you will have to pay Capital Gains Tax.

Toggle navigation. Table of Contents. See all It might be of your interest Calculating capital gains tax in Spain when selling your property Proposals for capital gains tax in the UK Changes to Spanish capital gains tax. Leave a comment. Submit comment. Michael Dawson 1 May, am. Suzanne O'Connell 2 May, pm. Bernard Wasape 5 May, am. Suzanne O'Connell 8 May, pm.

Hi Bernard Hi Bernard Capital Gains is based on the purchase value plus official costs less the sale prices less costs and you are taxed on the difference. David Larby 6 November, am. Suzanne O'Connell 13 November, am. Joanna Thomas 20 November, am. Many thanks. Suzanne O'Connell 2 December, pm. Dear Joanna Dear Joanna This is quite a complex case and each case such as this must be studied to see if modifications and builders' receipts are acceptable or not.

Martin Osmond 30 December, am. Suzanne O'Connell 1 January, pm. Dear Martin Dear Martin There is no allowance for capital gains tax. Annmarie Newton 30 December, pm. Suzanne O'Connell 5 January, am. Hi Annmarie Hi Annmarie You pay tax on the capital gains made from the difference between the sale price and the purchase price.

Dave murphy 17 January, pm. Suzanne O'Connell 28 January, pm. Hi Dave Hi Dave The costs for the solicitors, agents' fees etc. Harriet Smith 20 January, pm. Suzanne O'Connell 13 February, am. Hi Steve Hi Steve The tax is based on the purchase price plus costs then the sale price less costs and you pay tax on the difference.

Suzanne O'Connell 4 March, pm. Hi Steve Hi Steve Unfortunately, the capital gains is calculated from the date of purchase of the property to the sale.

Jacqueline Ramscar 6 February, pm. Hi Jacqueline Hi Jacqueline If you are a tax resident for more than three years and over 65 and you sell your house when you are still a resident then there is no capital gains tax to pay. Mr vincent rochester 7 February, pm.

Suzanne O'Connell 12 February, am. Adrian Barry 15 February, pm. Suzanne O'Connell 22 February, pm. Dear Adrian Dear Adrian If you sell and move to Spain in the same tax year and are here for days then you have to pay capital gains tax here.

Viv 18 February, am. Suzanne O'Connell 18 February, pm. Gans 18 March, pm. Suzanne O'Connell 22 March, pm. Hi Gans Hi Gans Yes, you will have to pay capital gains tax here. John Andrews 25 March, pm. Suzanne O'Connell 31 March, pm.

The property has to be The property has to be declared and if there is no capital gain then there is no tax to pay. David Franklin 28 April, am. Suzanne O'Connell 30 April, am. Chris 4 May, pm. Resident in Spain, with Resident in Spain, with property here. Property in UK that one day I may wish to sell. Suzanne O'Connell 10 May, pm. Hi Chris Hi Chris No. Suzanne O'Connell 20 May, pm. Hi Carl Hi Carl As a file has been opened the time line of four years is extended.

Lynn Elkington 20 May, am. Suzanne O'Connell 24 May, pm. Suzanne O'Connell 1 June, pm. Hilly P 2 June, pm. Suzanne O'Connell 11 June, pm. Hilly P 9 June, am. Suzanne O'Connell 14 June, pm. Hi Hilly Hi Hilly It would have to be at least one full tax year. Susan Bramley 20 June, am. Suzanne O'Connell 24 June, am. Hi Susan Hi Susan I'm afraid capital gains tax is still payable. Susan Bramley 21 June, am. David Pryor 15 July, pm. Suzanne O'Connell 18 July, pm. Jay 15 July, pm. Suzanne O'Connell 24 July, am.

Gillian Breakwell 22 July, pm. Suzanne O'Connell 25 July, pm. DM 28 July, pm. Hi there Hi there 3. CGT questions for you: 1. Many thanks — congrats on website and forum — very useful and insightful. Suzanne O'Connell 3 August, pm. Hi Hi To answer your questions: 1.

No, the paying off of the mortgage will not influence the CGT 2. David Barton 31 July, am. Hi David Hi David No. There will also be Plus Valia to pay. Ian walker 2 August, pm. Suzanne O'Connell 7 August, pm.

Hi Ian Hi Ian The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year. Colin 5 August, pm. Suzanne O'Connell 8 August, pm. David 11 August, am. Do I have to complete within that time, or can I place a deposit on a new property?

266,000
* €/m2
188 m2 | 1 bedrooms | 7 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
We buy houses inland Spain as well as the Spanish Costas, but they must have the I am often in Spain looking for the right properties to add to my portfolio. Sell, rent as owner, agent. Multi-language listings. Reply to worldwide estate demands. To enforce this rule, the Spanish Tax Authority withholds 3% from the sale of your property. This is taken directly from the purchaser so you only receive 97% of the​.

When buying a second-hand property, the buyer has to pay the property transfer tax. In case a buyer needs a mortgage, the bank has to make a valuation of the property. In this case, the buyer will pay around euros for this appraisal. When you sell a property through an estate agent you will have to pay a commission fee.

The seller can deduct the Agency commission fee from his capitals gains tax. As a seller, you might want to ask the services the agency provides. Sellers can advertise their property through several estate agents.

Nevertheless, some estate agents will want to offer the seller to sell it exclusively through them by agreeing to take a smaller commission fee. Sellers need to take that into account when advertising their property exclusively through an estate agent. As an example if the seller bought a house in for There are exceptions when the seller does not have to pay capital gains tax and that is when the sellers of the property are older than 65 and have lived there officially for at least the last 3 years.

All official invoices relating to the purchase of the property, such as refurbishing, notary expenses, lawyer expenses, and estate agency fees can be deducted from the capital gains tax. From June 1, , by Spanish law all property owners who want to sell or rent out their property need an energy certificate. These certificates must be issued by a qualified certifier, such as architects, surveyors or technical house engineers. The costs for such a certificate may vary on the size of the property and can be between and euros.

The invoice for this certificate can also be deducted from the capital gains tax. This is paid to the local town hall. A the seller sold his apartment in Mallorca to Mr. B the buyer. When Mr. A bought the apartment in he paid Now Mr. A has managed to sell the apartment in to Mr. B for Dear Trevor, We are not totally sure we understand your question about the retention. Dear Greg, Your assumption is correct; in the sense that the gain related to the share of the co-owner who is older than 65 years old would be exempt without the need for reinvesting in another main home.

However, this rule applies only to the main home and therefore to tax residents in Spain. Therefore, without further information, we would suggest that your share would be exempt if the property is your main home and provided that you have been Tax resident in Spain, meaning that you have been submitting taxes here as residents. Your wife may benefit from the exemption in the event that she reinvested in another main home within 2 years. Please note that not all types of refurbishes costs can be taken into consideration for this purpose.

The pertinent items and invoices should be carefully analyzed to avoid possible tax inspections and associated sanctions. This is recoverable by the seller following satisfactory proof that the full amount of CGT and any other taxes due have been paid.

What a bummer. I really feel sorry for you. However, there is not a set fee or minimum price by law for that. That is only true for the mortgage costs if a mortgage is needed. The taxation of the property is still to be paid by the buyer when buying with a mortgage. The exchange rate should be the rate on the day of the purchase to avoid further discussions about this. Alternatively, you can also agree on a fixed purchase price, that is up to you. That is not something you should pay for.

You will need to go to the notary in Spain to get things started. The notary will advise you what to do and what papers you need. The papers you will need are: 1 NIE number of the deceased person s your mother and from the persons who are inheriting. NIE number is a ID number for foreigners.

In most cases, the money is received at completion. However, international bank transfers might take days to complete, and in some cases, banks can retain the funds for 1 week or so. That is a very odd situation since normally the plusvalia is paid by the seller. Do you have a receipt for this 60k payment? In a normal situation, taxes are usually calculated from the amount presented in the escritura. From reading the first page of the deeds, it says that all the costs arising from the sale are to be paid by the buyer except the Plusvalia which is for the seller.

Having concluded that, the 60K is not the plusvalia, then it must be another payment. Do you remember if you paid this amount in cash? It also can be a downpayment you made or b money. I say this because I know that up to 5 years ago it used to be a regular practice to pay amounts in B to avoid paying extra taxes. It also can be that the estate agents or intermediary took this 60k and declared only a selling price of K, which regrettably also happens quite often.

In that case the seller only got k and could have been unaware that you paid K. Anyway, see if you can find the official receipt for the 60k. This is risky because in the meantime the seller can mortgage the property and you can be left with a property that has debt on it.

In the contract, I would declare the full It is indeed correct for the solicitor to charge you euros. The solicitor acts on your behalf and has to check if what you are buying is in order and maybe negotiate some points with the seller or the other solicitor.

For example, if the property is furnished there might be an inventory list etc and a portion of the selling price can be allocated to furniture in order to pay fewer taxes for example…The solicitor also has to calculate expenses prepare the option contract, etc…. So it is only reasonable your solicitor charges you euros. On the downside, solicitors can be very strict and can discuss endlessly with the other party which can create irritations and eventually the sale might fall through.

You would have to pay quite a lot of Capital Gains tax since you made quite a lot of profit. Sorry to hear about your mother. I would not use an estate agent to have the property appraised since the market price they quote might be unreliable. A good starting point would be to look at similar listings in for example idealista. You can just indeed use an attorney to handle the sale since selling a property in Spain is not that straightforward as it is in the US.

Sadly enough you cannot undo what the selling amount is in the escritura of , since you signed for it by power of attorney. Normally the Spanish tax office would give the property a higher selling valuation and sends out fine for it, which would decrease the amount you have to pay for CGT. I presume this has not happened and thus you will probably need to pay around 11k euros only on CGT if you sell at 85k.

Make sure to gather any official invoices on any costs incurred related to the property, e. Normally in each community, there are meetings where these things are discussed and it is advisable to go to these. My advice would be to talk to the president of the community or administrator and explain the situation. Charging the buyer is not a common practice in Spain and many foreign buyers are led to believe otherwise.

It is the seller that pays the commission from the money that was paid for the sale of the property. However, sometimes the agent can receive a portion of their commission when signing the option contract for their assurance should the sale fall through. So my advice would be to make sure you know about the commission distribution and percentage in advance before dealing with any agent and preferably have that in writing to avoid any surprises.

Thank you for your question. Since you did not make any profit you probably do not have to pay CGT. The Spanish tax office often takes its time to give you back the money left after paying all taxes. Ask also for any other copies of the papers related to the sale. Hopefully, you also have the invoice of the euro commission and any other paper that can give you a clue as to where the other euros are.

Were you there at the notary when the sale was completed? I say that because I have seen cases where the estate agent had sold the property for a different price and has kept the difference. I am not saying this is the case, but it has happened before. You can also find out directly from the buyer what price they actually paid for since it seems quite odd that you paid You will probably have to go to the town hall and tax office to find exactly what has happened and if your taxes have already been paid or not, what was the exact amount that was paid and when do you expect to get any refunds and how much it is.

You certainly have a point there. You can do both, sell privately and through 1 or more agents, why not.

You can, for example, try to sell it privately first for a couple of months and then decide to go through an agent. I would advise, however, to quote the same price for all clients, even if they come through an agent. It is also not fair for the agent to have your property listed for a lower price privately and is not a motivating factor for them either and your goal is ultimately to sell the property. Some agents might also have a client database that they can ring up to see if they are interested in your property and that is a good thing since it increases your chances of selling it.

I am afraid you will still have to pay CGT since the property in Spain is not your primary residence. On top of that, if the reinvested amount is less than the total amount received in the transfer, only the proportional part of the capital gain obtained that corresponds to the amount reinvested will be excluded from taxation. But this only in case your property in Spain is your primary residence.

I would definitely wait after 2nd July to sell your property. Anyway, you can already advertise it and start to make the arrangments to move back to the UK, since selling your property might take longer than expected. But I would recommend, if you find a buyer, to have the completion signed after the 2nd of July. I assume the property you own in Spain is your primary residence and you both are owners and are above If that is the case you do not need to pay CGT if you sell after 3 years, and you will only have to pay the municipal plusvalia, the estate agent and solicitor if you have any.

Inheriting a property is much like buying a property when it comes to paying CGT. In your case you will have to pay CGT from the moment you inherited the property since all taxes were already paid when you inherited the property. I am a little bit confused as to how another property, in this case and old finca, could be added to the deeds. I imagine it was an old ruin on the premises which was reformed.

You might only be able to deduct half of that if you are planning to reinvest by buying another property that is half the value of your sold property. When you sell your house in Spain you will have to pay your taxes in Spain and next year you will have to do your income tax declaration in Spain. You can transfer the money to your bank account in the UK, but for the tax declaration, you will have to declare your UK bank account.

When transferring the money to the UK it is also a good idea to see what exchange rate your bank is charging, it is sometimes a smart move to use a currency broker to transfer your funds to the UK since that can also save you thousands of pounds. Just a quick reply to your question.

In Spain when you buy a house it is wysiwyg what you see is what you get. The airconditioning is not even part of the physical structure of the house and it is not possible to claim form any damages.

Only in some extreme cases would the buyer be able to claim for structural construction damages, eg: buildings affected by aluminosis the degeneration of cement used in construction. Rest assured that they will also not spend money on a solicitor for euros and it is only a scare tactic. So the best thing you can do is ignore it. I know it is outrageous what some agents charge. There even are agents that charge commission from both buyer and seller.

The problem is that the profession of estate agent is not regulated in Spain and everybody with as little as a mobile phone can call himself estate agent. However, many agents do a good job, but because of the fierce competition in the field and the long time it takes to sell a house in Spain on average 10 months agents are sometimes forced to charge these high commissions to prevent going out of business.

Nevertheless, it feels indeed very injust compared to the fees in the UK. On the positive side a proper agent will give you an invoice for selling your property, which you can use to deduct from your capital gains tax, but in your specific case, you do not have to pay CGT since you already meet the exception criteria.

There is, however, a growing group of agents that sell property for a fixed fee, which might be of your interest. I have gathered a list of these on-line agents in Spain. When buying a new home, it very much depends on your situation and the region in Spain you are going to buy in. Hopefully, you both have your primary residence set in Spain for more than 3 years, since then you would be exempted from paying capital gains tax. When buying another property in Spain, you will have to pay your regular buying taxes as explained in this article.

Just to make sure ask the buyers solicitor if its for that. Otherwise, I see no reason why you should pay anything else.

All other taxes are the same for both residents and non-residents. The period to be eligible for the GCT exception is 3 years at the minimum. My advice would be to gather all official invoices you have incurred for home improvements, solicitors costs etc and even the costs and invoices form your purchase in , since you can deduct all these costs from your CGT.

I do not understand your statement that the selling costs are greater than the purchase price. In the old days more than 5 years ago it was a common practice to buy a property with big sums of B money to avoid paying extra taxes. Nowadays, it is almost impossible to do that since the tax office will make their calculations and buyers and sellers can get fined for selling at a low price.

To do that you would have to make an inventory list. So if you sell it for It can be the case that an agent does not have many properties to offer a client and therefore might look for other partners or collaborating agents to offer the client more properties to choose from. That is normal, and in these specific cases both agents will split the commission 2.

It seems the agent you contacted is trying to profit from buyer and seller, and I would have serious doubts to trust such an agent.

If the price in the deeds of your apartment when you bought it in is higher than the price you are selling it for now, then, in theory, you should not have to pay any capital gains tax. I say in theory because the Spanish tax office also has to believe that you are selling it for a lower price, otherwise, you can expect to receive a fine, but hopefully, I hope that does not happen.

The thing is that you bought the apartment during the crisis and since then Spanish property prices have gone up, but the tax office sees that differently. The tax office calculates the value of your apartment and takes many things into consideration. The walls are also taken to increase the m2 surface as well as a small percentage of communal grounds, such as pools, gardens, etc… There is no guarantee that if you appeal against the tax office you will get your euros back.

Anyway, you need to prove that your apartment was sold for the actual selling price at the time you bought it. Bear in mind that a solicitor will also cost you money, probably in the region of euros. If you decide to appeal, the tax office will inspect the sale and any other sales on that complex and there might be that some apartments were sold or have been sold for I am very unwilling to continue to make payments as the amount demanded is patently incorrect.

If the Tribunal does not overrule the Agencia, we will not receive any repayments either. Please can you advise if this is legal that the agencia can invent this CGT due when we provided all the paperwork to the Notary at the time of registration of the property. This seems to be a false calculation we are being asked to pay..

Dear Jennifer, It is complicated to give you detailed information without seeing the documentation of the property. In these cases it is vital that you have all documentation and paperwork in place and in order, without it is very difficult to claim anything at all from the Agencia Tributaria. Also the registration of the building should have been done before to avoid any possible issues.

We assume you legal team is doing all that is possible with the tools and paperwork they have on the property. Sorry we can not really be of any further assistance. But this was all taken care of when property was sold, what she do?

Hello, Thanks for your message. We would need to see all paperwork, taxes paid, and letter of the Tax Authority to be able to asses in this matter.

If you wish to send us all documentation on your case you can do so by emailing us at info abacoadvisers. Dear Miriam. No one seems to be able to confirm. Is the gain on the , euros or euros? Many thanks in advance IAN. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc.

We can not do this if you paid by cash and have no VAT receipt. Hi, Our recommendation is to have your solicitor claim the to the buyer and their representative. Hi Anne, Yes unfortunately yes, you will have to pay property tax.

Should you need assistance please contact our colleague Jessica at the following email jsp abacoadvisers. My husband and I bought an apartment in Spain in for , euros. We want to sell it but it but we will sell it at lost. According to the market value it is worth , euros. We are non-residents. We have finished paying for the mortgage. We are over 65 years old. How much? Do we have to pay Income tax in the UK? Even though we will not make any profits.

Should you need any help in the process please contact us at info abacoadvisers. If you are residents you would pay Tax on your world wide income including the proeprties, there could also be Wealth Tax on top of income Tax. The rent for the properties has to be declared in the UK as well as in Spain, Tax paid on the rental income is deducted from the Tax to pay here under the double Taxation treaty.

Should you have any further queries please do not hesitate to contact us at info abacoadvisers. I am a non resident but have owned a small town house in a village since Would i have to pay any tax as it will be sold for a loss? We currently have an offer on our home in Spain.

I am 69 years old and my wife is We have been residents in Spain for the past 8 years and permanent residents for the past 1 year. Will my wife be liable for CGT on her half of any profit made? This is our only residence, we do not own any other property. Thank you so much. Hi, if we sell our spanish home privately without an estate agent, who pays the solicitors fees, the seller or the buyer.

Hi Janice, The buyer will pay for his solicitor and the seller for his own solicitor, if you have the same solicitor in the process if depends on the agreement you reach. If you have any authority for your answer, that would be greatly appreciated.

Hi Kirsten, Thank you for contactin us. For example, is you sell a property for Hi, I have Spanish recidencia and have had for 15 years, but am British. Am I correct that if you sell your property in Spain but then fully reinvest any profit in further more properties in Spain you do not pay the capital gains tax, because you will be paying the tax on the new property or properties?

Because I am paying the tax on 2 new property purchases, would I still have to pay the Capital gains on the profit from the original sale? I was told if profit is reinvested in to the Spanish property market within a 2 year period you do not pay the tax on profit? Hi Andy, It is correct that if you sell and reinvest any profit you will avoid the capital gains tax, but if you buy two properties you will have to pay capital gains tax as you can not have two different main residences.

Hi, we have been living in France for fifteen years, and the plan is to sell our home and enable early retirement by living in rented accomodation in Spain. Trouble is, we have heard that we may be subject to capital gains tax by the Spanish authorities, even though it is our principle home? Hi Richard, Yes this would be the case, it is always advisable to sell the the year prior to coming to Spain to be a Resident.

Will my wife and her brother be liable for any Taxes or Capital Gains Tax on the property before they become the legal owners of it? If so what amounts are they When they become the legal owners of it , they both aim to sell it asap and she and I will return to the UK, what tax liabilities will there be when the Villa is sold Thank your help Geoff Cherry. Hi, First they will inherit, they will become owners and will pay Inheritance Tax.

The reduction in the Valencia Region is Please do not hesitate to contact us should you have any further queries. I bought land in Spain in with my Husband who died 6 years ago. We were both OAP s when we moved here and my husband was disabled.. We were both Spanish residents but have not paid tax or been asked to do as we only had some money from our British sale.

We have always paid British Tax. Cash price for the land was 40, euros. As I am now disabled and not able to keep the property would like to return to Britain before Britain is totally out of the EU. We built up a small casita, pool and a summer house and kept bills to prove this.

As I am 80 years old this year. Thank you for your help. Hello, We are sorry to hear about your situation. Should you request any assistance from us please call us at or email us at info abacoadvisers. Hi I have been sent this regarding being able to reduce the selling price of your property by taking away the balance of the mortgage when you sell.

Hi, In order to be able to obtain relief when selling you residential home to purchase another you must have owned the property and living in the house for over three years as a Tax Resident and be reinvesting the full amount in the new property.

If you do not reinvest the full amount then you can only dedduct a percentage. I have received a gift from my parents of a property in Spain.

All taxes are paid there. However, is there anything I would need to declare being a resident myself in the UK? Hi Alejandro, No, you will not need to declare it being a resident in the UK. You will just need to pay your yearly property taxes as non-resident in Spain for the property you have received.

Where can i get a copy. Hi Nadine, You may check at the notary you signed the sale or with the buyers. Hi Roy, In the case the Tax has to be declared here on the H but also under the Double Taxation treaty in their own country deducting any Tax paid here from the Tax to pay there.

You will have to declare the sale in the UK and the Tax paid here is deducted from the liability you may have in the UK under the double Taxation treaty. Hi Oscar, I am considering becoming a Spanish resident before the end of the year.

I own a small apartment in the UK which I will keep to use when I travel back to visit. Can you tell me if I will have to declare it and pay any taxes on it each year? I am a non-resident property owner,in Spain,i am Hi Joe, If you sell your property as a non-resident in Spain and you make a profit on the sale, yes you will have to pay Capital Gains Tax.

Toggle navigation. Table of Contents. See all It might be of your interest Calculating capital gains tax in Spain when selling your property Proposals for capital gains tax in the UK Changes to Spanish capital gains tax. Leave a comment. Submit comment. Michael Dawson 1 May, am. Suzanne O'Connell 2 May, pm.

Bernard Wasape 5 May, am. Suzanne O'Connell 8 May, pm. Hi Bernard Hi Bernard Capital Gains is based on the purchase value plus official costs less the sale prices less costs and you are taxed on the difference.

David Larby 6 November, am. Suzanne O'Connell 13 November, am. Joanna Thomas 20 November, am. Many thanks. Suzanne O'Connell 2 December, pm. Dear Joanna Dear Joanna This is quite a complex case and each case such as this must be studied to see if modifications and builders' receipts are acceptable or not.

Martin Osmond 30 December, am. Suzanne O'Connell 1 January, pm. Dear Martin Dear Martin There is no allowance for capital gains tax. Annmarie Newton 30 December, pm. Suzanne O'Connell 5 January, am. Hi Annmarie Hi Annmarie You pay tax on the capital gains made from the difference between the sale price and the purchase price. Dave murphy 17 January, pm.

Suzanne O'Connell 28 January, pm. Hi Dave Hi Dave The costs for the solicitors, agents' fees etc. Harriet Smith 20 January, pm. Suzanne O'Connell 13 February, am. Hi Steve Hi Steve The tax is based on the purchase price plus costs then the sale price less costs and you pay tax on the difference.

Suzanne O'Connell 4 March, pm. Hi Steve Hi Steve Unfortunately, the capital gains is calculated from the date of purchase of the property to the sale.

Jacqueline Ramscar 6 February, pm. Hi Jacqueline Hi Jacqueline If you are a tax resident for more than three years and over 65 and you sell your house when you are still a resident then there is no capital gains tax to pay. Mr vincent rochester 7 February, pm. Suzanne O'Connell 12 February, am. Adrian Barry 15 February, pm. Suzanne O'Connell 22 February, pm.

Dear Adrian Dear Adrian If you sell and move to Spain in the same tax year and are here for days then you have to pay capital gains tax here.

Viv 18 February, am. Suzanne O'Connell 18 February, pm. Gans 18 March, pm. Suzanne O'Connell 22 March, pm. Hi Gans Hi Gans Yes, you will have to pay capital gains tax here. John Andrews 25 March, pm. Suzanne O'Connell 31 March, pm. The property has to be The property has to be declared and if there is no capital gain then there is no tax to pay. David Franklin 28 April, am. Suzanne O'Connell 30 April, am. Chris 4 May, pm. Resident in Spain, with Resident in Spain, with property here.

Property in UK that one day I may wish to sell. Suzanne O'Connell 10 May, pm. Hi Chris Hi Chris No. Suzanne O'Connell 20 May, pm. Hi Carl Hi Carl As a file has been opened the time line of four years is extended. Lynn Elkington 20 May, am. Suzanne O'Connell 24 May, pm. Suzanne O'Connell 1 June, pm. Hilly P 2 June, pm. Suzanne O'Connell 11 June, pm. Hilly P 9 June, am. Suzanne O'Connell 14 June, pm.

Hi Hilly Hi Hilly It would have to be at least one full tax year. Susan Bramley 20 June, am. Suzanne O'Connell 24 June, am. Hi Susan Hi Susan I'm afraid capital gains tax is still payable. Susan Bramley 21 June, am. David Pryor 15 July, pm. Suzanne O'Connell 18 July, pm. Jay 15 July, pm. Suzanne O'Connell 24 July, am. Gillian Breakwell 22 July, pm. Suzanne O'Connell 25 July, pm. DM 28 July, pm. Hi there Hi there 3. CGT questions for you: 1. Many thanks — congrats on website and forum — very useful and insightful.

Suzanne O'Connell 3 August, pm. Hi Hi To answer your questions: 1. No, the paying off of the mortgage will not influence the CGT 2. David Barton 31 July, am. Hi David Hi David No. There will also be Plus Valia to pay. Ian walker 2 August, pm. Suzanne O'Connell 7 August, pm. Hi Ian Hi Ian The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year.

Colin 5 August, pm. Suzanne O'Connell 8 August, pm. David 11 August, am. Do I have to complete within that time, or can I place a deposit on a new property? Oscar Paoli 11 November, pm. Mrs Glenda Pennell 3 October, pm. Oscar Paoli 7 October, am. No, in this case you will not need to do so. Neary Rama 10 October, am. Oscar Paoli 10 October, am. Tim Solway 14 October, pm.

Earlier this year I purchased a one bedroom flat. Lots of questions. Your advice would be appreciated. Oscar Paoli 17 October, pm. Ken Cook 22 October, am. Regards Ken Cook. Oscar Paoli 23 October, pm. Hello Ken, As answer to your query you are still non-resident in Spain. If you are resident in Spain you should not be required to pay taxes back in the UK. Oscar Paoli 24 October, am.

Anonymous 25 October, am. Oscar Paoli 25 October, am. Ian Radford 6 November, pm. Oscar Paoli 7 November, am. These calculations will leave us with a final sale figure. Karacsonyi Robert 14 November, pm. Thank you! Oscar Paoli 15 November, pm. Anne Marie Frisby 17 December, pm.

Oscar Paoli 17 December, pm. Carmen 31 December, pm. Oscar Paoli 2 January, pm. Howard 10 January, am. It is our intention to reside there for more than 26 weeks of the year I have 13 properties in the uk all in my sole name that I rent out. If we become resident in Spain what taxes will I pay and how much Thank you H.

Oscar Paoli 13 January, pm. Julie Hill 10 January, pm. Michael Coles 10 January, pm. Janice 10 January, pm. Kirsten Jackson 12 January, pm. Dear Sirs, I would appreciate your advice on the following query. Kind regards,. Andy 24 January, am. Thanks in advance! Oscar Paoli 29 January, pm. Richard Glynn 26 January, pm.

636,000
* €/m2
Notary fees → Buyer
107 m2 | 6 bedrooms | 6 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
How do I sell my property with Houses In Spain? Share this page. We buy houses inland Spain as well as the Spanish Costas, but they must have the I am often in Spain looking for the right properties to add to my portfolio. Thinking about selling your house in Spain? Fine. not sure if this is the right time to sell, you might consider renting out your property instead.

We now want to buy a 2nd property in Spain. Our aim is to move to spain and use the new property as our primary residence and become residents. Have I got it right that it would be best for us to wait until before becoming residents in Spain? Thanks for any advice. Who tells us how much capital Who tells us how much capital gains tax we need to pay when we sell our garage space in Spain and how is it collected. This is a legal requirement when non-residents sell property.

To calculate this profit you need firstly to ascertain your original purchase price. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc , thereby reducing the final sale price. Now you have your original purchase price and your final sale figure, so we can work out your net profit and calculate your Capital Gains Tax liability. In either case, Form H is submitted to the Tax Office, either claiming the outstanding balance or enclosing payment for the sum owed.

I own a UK property that has doubled in value since I bought it back in The outstanding mortgage is important to know that this is factored in as I have quite a bit left to pay off that will be paid off with the sale albeit that there will still be CGT to pay due to increase.

I am currently renting here in Spain and looking to buy a house here. Further to point 2, can I buy here in Spain first and then sell later the UK property and still benefit from this relief? This is a complex issue. However, you would normally have to be a tax resident for 3 years before any benefits can be obtained. Hi Hi We are saleing our Spainish property that we have own for approximately 1year. As we understand it there will be cgt on any profit at the rate of 19 per cent. Is the the only only tax payable?.

We are in the process of We are in the process of selling our only house which is in the uk. When it sells I plan on taking early retirement and immediately moving to Spain. I am 51 and my wife is The cgt that seems liable will completely change these plans. Are there no easy solutions? The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year. Since we purchased, exchange rates plummeted as well as the property market.

Would I be liable for any tax? Capital Gains Tax is due on the profit made on all property sales in Spain. This is a legal requirement when Non-Residents sell property.

To calculate this profit we need firstly to ascertain your original purchase price. We do this by. I was resident in Spain. I I was resident in Spain. What is the time scale to reinvest the gain in a new property to avoid CGT?

Hi David, The time scale for reinvestment is normally 2 years, this would have been declared in the Tax delcaration where you would have promised the amount to be reinvested. I have a question regarding Property Capital Gains Tax: Can a Non-Resident profit from a roll-over relief if the sale proceeds are re-invested in another property in another part of Spain? Hello, No, unfortunately this is only for residents in Spain that sell their main property and where they have lived permanently at least 3 years.

At this point I am undecided whether to sell or to rent. I would like to understand the tax position in the event that I decide to sell the property. The total cost of purchase can include transmission tax, lawyer, notary and registration fees. Is this correct? An official licence was obtained for a minor reform and taxes paid. No structural work was conducted in the reform process. I understand that there are no allowances that relate to any of the money spent on the reforms when calculating my CGT obligations.

The reforms included new kitchen and appliances. Are there any other deductions allowable such as community fees, electricity, local council taxes, when calculating CGT? Will there be another tax applied to the sale called Plus Valia and is this a tax that I will pay?

If so how is it calculated? I understand that all selling fees and lawyers fees can be included in the final CGT tax computation. Are there any other taxes and or items that I have omitted? Hello Tim, Will try to answer the best as possible below to your queries: 1. Yes, this is correct. The answer is correct there are no allowance for minor works carried out on the property, had it been an New Building and extension of the property with a new Title Deed then this would have been allowed.

No, unfortunately no. Selling feed such as the estate agents commission can be deducted. We believe you included everything in your list. A few queries from an old sea salt. Will gladly reimburse if required for your time and expertise!

I have been Non-Resident in Spain since mid I return to Spain during my field-breaks. Therefore, I am in the UK for approx days out of days. Am I still legally a Non-Resident with around days per year living in Spain? Since August , I have lived in Granada and intend to retire there in when I reach 66 years. When I retire, I believe it will be mandatory to take full residency as my presence in Spain will become permanent.

Please can you confirm? My property in Granada was purchased for circa , There is no outstanding mortgage Should I sell my house after 4 to 6 years after retiring and have taken full residency status, I believe I might be exempt from Capital Gains. Please can you clarify if my reasoning is correct or otherwise?

If any profit from the sale of the Granada property was transferred back to the UK, would I be subject to any UK foreign earnings taxes the money would probably be invested into a retirement apartment? We do not know if there will be change of laws when you intend to retire in , but according to todays situation you will have to become resident in Spain if you intend to live permanently in Spain.

According to todays tax situation if you are over the age of 65 years old, you are pensioner, have been resident in Spain for over three years and the property you are selling has been your main residence you willl be exempt of Capital Gains Tax. Dear Sirs As non residents we built a house in spain on ground we already owned.

Property sold end for ,Euros. All paperwork of no value to the purchaser, destroyed in Jan Our Gestoria argued that the property was sold with a house, and despite us no longer having the builders receipts the value of the build was approx E plus costs.

Agencia Tributaria has reassessed the CGT now due at about 41,euros and we are in the process of appealing. We have had to pay 5,thousand euros in April in order to defer payment and appeal and further payments of some 2,thousand euros per month for the next 12 months. The Agencia has made no ruling as yet, I gather it has 6mths to respond.

This means shortly if we receive no ruling, we will have to appeal to a Tribunal to overrule the Agencia and have our payments returned. I am very unwilling to continue to make payments as the amount demanded is patently incorrect. If the Tribunal does not overrule the Agencia, we will not receive any repayments either.

Please can you advise if this is legal that the agencia can invent this CGT due when we provided all the paperwork to the Notary at the time of registration of the property. This seems to be a false calculation we are being asked to pay.. Dear Jennifer, It is complicated to give you detailed information without seeing the documentation of the property. In these cases it is vital that you have all documentation and paperwork in place and in order, without it is very difficult to claim anything at all from the Agencia Tributaria.

Also the registration of the building should have been done before to avoid any possible issues. We assume you legal team is doing all that is possible with the tools and paperwork they have on the property.

Sorry we can not really be of any further assistance. But this was all taken care of when property was sold, what she do?

Hello, Thanks for your message. We would need to see all paperwork, taxes paid, and letter of the Tax Authority to be able to asses in this matter. If you wish to send us all documentation on your case you can do so by emailing us at info abacoadvisers.

Dear Miriam. No one seems to be able to confirm. Is the gain on the , euros or euros? Many thanks in advance IAN. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc. We can not do this if you paid by cash and have no VAT receipt. Hi, Our recommendation is to have your solicitor claim the to the buyer and their representative. Hi Anne, Yes unfortunately yes, you will have to pay property tax. Should you need assistance please contact our colleague Jessica at the following email jsp abacoadvisers.

My husband and I bought an apartment in Spain in for , euros. We want to sell it but it but we will sell it at lost. According to the market value it is worth , euros. We are non-residents.

We have finished paying for the mortgage. We are over 65 years old. How much? Do we have to pay Income tax in the UK? Even though we will not make any profits. Should you need any help in the process please contact us at info abacoadvisers. If you are residents you would pay Tax on your world wide income including the proeprties, there could also be Wealth Tax on top of income Tax.

The rent for the properties has to be declared in the UK as well as in Spain, Tax paid on the rental income is deducted from the Tax to pay here under the double Taxation treaty.

Should you have any further queries please do not hesitate to contact us at info abacoadvisers. I am a non resident but have owned a small town house in a village since Would i have to pay any tax as it will be sold for a loss? We currently have an offer on our home in Spain. I am 69 years old and my wife is We have been residents in Spain for the past 8 years and permanent residents for the past 1 year. Will my wife be liable for CGT on her half of any profit made?

This is our only residence, we do not own any other property. Thank you so much. Hi, if we sell our spanish home privately without an estate agent, who pays the solicitors fees, the seller or the buyer.

Hi Janice, The buyer will pay for his solicitor and the seller for his own solicitor, if you have the same solicitor in the process if depends on the agreement you reach. If you have any authority for your answer, that would be greatly appreciated. Hi Kirsten, Thank you for contactin us. For example, is you sell a property for Hi, I have Spanish recidencia and have had for 15 years, but am British. Am I correct that if you sell your property in Spain but then fully reinvest any profit in further more properties in Spain you do not pay the capital gains tax, because you will be paying the tax on the new property or properties?

Because I am paying the tax on 2 new property purchases, would I still have to pay the Capital gains on the profit from the original sale? I was told if profit is reinvested in to the Spanish property market within a 2 year period you do not pay the tax on profit? Hi Andy, It is correct that if you sell and reinvest any profit you will avoid the capital gains tax, but if you buy two properties you will have to pay capital gains tax as you can not have two different main residences.

Hi, we have been living in France for fifteen years, and the plan is to sell our home and enable early retirement by living in rented accomodation in Spain. Trouble is, we have heard that we may be subject to capital gains tax by the Spanish authorities, even though it is our principle home?

Hi Richard, Yes this would be the case, it is always advisable to sell the the year prior to coming to Spain to be a Resident. Will my wife and her brother be liable for any Taxes or Capital Gains Tax on the property before they become the legal owners of it? If so what amounts are they When they become the legal owners of it , they both aim to sell it asap and she and I will return to the UK, what tax liabilities will there be when the Villa is sold Thank your help Geoff Cherry.

Hi, First they will inherit, they will become owners and will pay Inheritance Tax. The reduction in the Valencia Region is Please do not hesitate to contact us should you have any further queries.

I bought land in Spain in with my Husband who died 6 years ago. We were both OAP s when we moved here and my husband was disabled.. We were both Spanish residents but have not paid tax or been asked to do as we only had some money from our British sale. We have always paid British Tax. Cash price for the land was 40, euros.

As I am now disabled and not able to keep the property would like to return to Britain before Britain is totally out of the EU. We built up a small casita, pool and a summer house and kept bills to prove this.

As I am 80 years old this year. If you want to sell your property within a reasonable time frame you have to be realistic about your asking price. In the chart below you can see the average property price in euros per m2 in Spain compared to the province of Alicante. If you overprice your property with the idea that the asking price is negotiable, then my friend you are in for the long haul. Having your property valued by a professional valuation company could be a good starting point before you market your property.

So you might want to check out which media publications have a large distribution and are the most popular. Of course, the internet offers a large variety of property portals. The most popular national property portals are idealista.

You have also quite a big range of portals that focus more on international buyers. Our Spanishestate. Facebook , is also a great alternative for advertising your property. Imagine the networking impact of sharing your property with friends and each of these friends to their own network of friends. Your wife may benefit from the exemption in the event that she reinvested in another main home within 2 years.

Please note that not all types of refurbishes costs can be taken into consideration for this purpose. The pertinent items and invoices should be carefully analyzed to avoid possible tax inspections and associated sanctions.

This is recoverable by the seller following satisfactory proof that the full amount of CGT and any other taxes due have been paid. What a bummer. I really feel sorry for you. However, there is not a set fee or minimum price by law for that. That is only true for the mortgage costs if a mortgage is needed. The taxation of the property is still to be paid by the buyer when buying with a mortgage. The exchange rate should be the rate on the day of the purchase to avoid further discussions about this.

Alternatively, you can also agree on a fixed purchase price, that is up to you. That is not something you should pay for. You will need to go to the notary in Spain to get things started. The notary will advise you what to do and what papers you need. The papers you will need are: 1 NIE number of the deceased person s your mother and from the persons who are inheriting.

NIE number is a ID number for foreigners. In most cases, the money is received at completion. However, international bank transfers might take days to complete, and in some cases, banks can retain the funds for 1 week or so. That is a very odd situation since normally the plusvalia is paid by the seller.

Do you have a receipt for this 60k payment? In a normal situation, taxes are usually calculated from the amount presented in the escritura. From reading the first page of the deeds, it says that all the costs arising from the sale are to be paid by the buyer except the Plusvalia which is for the seller. Having concluded that, the 60K is not the plusvalia, then it must be another payment. Do you remember if you paid this amount in cash? It also can be a downpayment you made or b money.

I say this because I know that up to 5 years ago it used to be a regular practice to pay amounts in B to avoid paying extra taxes. It also can be that the estate agents or intermediary took this 60k and declared only a selling price of K, which regrettably also happens quite often.

In that case the seller only got k and could have been unaware that you paid K. Anyway, see if you can find the official receipt for the 60k. This is risky because in the meantime the seller can mortgage the property and you can be left with a property that has debt on it. In the contract, I would declare the full It is indeed correct for the solicitor to charge you euros. The solicitor acts on your behalf and has to check if what you are buying is in order and maybe negotiate some points with the seller or the other solicitor.

For example, if the property is furnished there might be an inventory list etc and a portion of the selling price can be allocated to furniture in order to pay fewer taxes for example…The solicitor also has to calculate expenses prepare the option contract, etc….

So it is only reasonable your solicitor charges you euros. On the downside, solicitors can be very strict and can discuss endlessly with the other party which can create irritations and eventually the sale might fall through.

You would have to pay quite a lot of Capital Gains tax since you made quite a lot of profit. Sorry to hear about your mother. I would not use an estate agent to have the property appraised since the market price they quote might be unreliable. A good starting point would be to look at similar listings in for example idealista.

You can just indeed use an attorney to handle the sale since selling a property in Spain is not that straightforward as it is in the US.

Sadly enough you cannot undo what the selling amount is in the escritura of , since you signed for it by power of attorney. Normally the Spanish tax office would give the property a higher selling valuation and sends out fine for it, which would decrease the amount you have to pay for CGT. I presume this has not happened and thus you will probably need to pay around 11k euros only on CGT if you sell at 85k.

Make sure to gather any official invoices on any costs incurred related to the property, e. Normally in each community, there are meetings where these things are discussed and it is advisable to go to these.

My advice would be to talk to the president of the community or administrator and explain the situation. Charging the buyer is not a common practice in Spain and many foreign buyers are led to believe otherwise.

It is the seller that pays the commission from the money that was paid for the sale of the property. However, sometimes the agent can receive a portion of their commission when signing the option contract for their assurance should the sale fall through. So my advice would be to make sure you know about the commission distribution and percentage in advance before dealing with any agent and preferably have that in writing to avoid any surprises.

Thank you for your question. Since you did not make any profit you probably do not have to pay CGT. The Spanish tax office often takes its time to give you back the money left after paying all taxes. Ask also for any other copies of the papers related to the sale. Hopefully, you also have the invoice of the euro commission and any other paper that can give you a clue as to where the other euros are.

Were you there at the notary when the sale was completed? I say that because I have seen cases where the estate agent had sold the property for a different price and has kept the difference. I am not saying this is the case, but it has happened before. You can also find out directly from the buyer what price they actually paid for since it seems quite odd that you paid You will probably have to go to the town hall and tax office to find exactly what has happened and if your taxes have already been paid or not, what was the exact amount that was paid and when do you expect to get any refunds and how much it is.

You certainly have a point there. You can do both, sell privately and through 1 or more agents, why not. You can, for example, try to sell it privately first for a couple of months and then decide to go through an agent. I would advise, however, to quote the same price for all clients, even if they come through an agent. It is also not fair for the agent to have your property listed for a lower price privately and is not a motivating factor for them either and your goal is ultimately to sell the property.

Some agents might also have a client database that they can ring up to see if they are interested in your property and that is a good thing since it increases your chances of selling it.

I am afraid you will still have to pay CGT since the property in Spain is not your primary residence. On top of that, if the reinvested amount is less than the total amount received in the transfer, only the proportional part of the capital gain obtained that corresponds to the amount reinvested will be excluded from taxation. But this only in case your property in Spain is your primary residence. I would definitely wait after 2nd July to sell your property.

Anyway, you can already advertise it and start to make the arrangments to move back to the UK, since selling your property might take longer than expected. But I would recommend, if you find a buyer, to have the completion signed after the 2nd of July.

I assume the property you own in Spain is your primary residence and you both are owners and are above If that is the case you do not need to pay CGT if you sell after 3 years, and you will only have to pay the municipal plusvalia, the estate agent and solicitor if you have any. Inheriting a property is much like buying a property when it comes to paying CGT. In your case you will have to pay CGT from the moment you inherited the property since all taxes were already paid when you inherited the property.

I am a little bit confused as to how another property, in this case and old finca, could be added to the deeds. I imagine it was an old ruin on the premises which was reformed. You might only be able to deduct half of that if you are planning to reinvest by buying another property that is half the value of your sold property.

When you sell your house in Spain you will have to pay your taxes in Spain and next year you will have to do your income tax declaration in Spain. You can transfer the money to your bank account in the UK, but for the tax declaration, you will have to declare your UK bank account. When transferring the money to the UK it is also a good idea to see what exchange rate your bank is charging, it is sometimes a smart move to use a currency broker to transfer your funds to the UK since that can also save you thousands of pounds.

Just a quick reply to your question. In Spain when you buy a house it is wysiwyg what you see is what you get. The airconditioning is not even part of the physical structure of the house and it is not possible to claim form any damages.

Only in some extreme cases would the buyer be able to claim for structural construction damages, eg: buildings affected by aluminosis the degeneration of cement used in construction. Rest assured that they will also not spend money on a solicitor for euros and it is only a scare tactic.

So the best thing you can do is ignore it. I know it is outrageous what some agents charge. There even are agents that charge commission from both buyer and seller. The problem is that the profession of estate agent is not regulated in Spain and everybody with as little as a mobile phone can call himself estate agent.

However, many agents do a good job, but because of the fierce competition in the field and the long time it takes to sell a house in Spain on average 10 months agents are sometimes forced to charge these high commissions to prevent going out of business. Nevertheless, it feels indeed very injust compared to the fees in the UK. On the positive side a proper agent will give you an invoice for selling your property, which you can use to deduct from your capital gains tax, but in your specific case, you do not have to pay CGT since you already meet the exception criteria.

There is, however, a growing group of agents that sell property for a fixed fee, which might be of your interest. I have gathered a list of these on-line agents in Spain. When buying a new home, it very much depends on your situation and the region in Spain you are going to buy in.

Hopefully, you both have your primary residence set in Spain for more than 3 years, since then you would be exempted from paying capital gains tax.

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It also can be that the estate agents or intermediary took this 60k and declared only a selling price of K, which regrettably also happens quite often. In that case the seller only got k and could have been unaware that you paid K.

Anyway, see if you can find the official receipt for the 60k. This is risky because in the meantime the seller can mortgage the property and you can be left with a property that has debt on it. In the contract, I would declare the full It is indeed correct for the solicitor to charge you euros.

The solicitor acts on your behalf and has to check if what you are buying is in order and maybe negotiate some points with the seller or the other solicitor. For example, if the property is furnished there might be an inventory list etc and a portion of the selling price can be allocated to furniture in order to pay fewer taxes for example…The solicitor also has to calculate expenses prepare the option contract, etc….

So it is only reasonable your solicitor charges you euros. On the downside, solicitors can be very strict and can discuss endlessly with the other party which can create irritations and eventually the sale might fall through. You would have to pay quite a lot of Capital Gains tax since you made quite a lot of profit. Sorry to hear about your mother. I would not use an estate agent to have the property appraised since the market price they quote might be unreliable. A good starting point would be to look at similar listings in for example idealista.

You can just indeed use an attorney to handle the sale since selling a property in Spain is not that straightforward as it is in the US. Sadly enough you cannot undo what the selling amount is in the escritura of , since you signed for it by power of attorney.

Normally the Spanish tax office would give the property a higher selling valuation and sends out fine for it, which would decrease the amount you have to pay for CGT. I presume this has not happened and thus you will probably need to pay around 11k euros only on CGT if you sell at 85k. Make sure to gather any official invoices on any costs incurred related to the property, e. Normally in each community, there are meetings where these things are discussed and it is advisable to go to these.

My advice would be to talk to the president of the community or administrator and explain the situation. Charging the buyer is not a common practice in Spain and many foreign buyers are led to believe otherwise. It is the seller that pays the commission from the money that was paid for the sale of the property.

However, sometimes the agent can receive a portion of their commission when signing the option contract for their assurance should the sale fall through. So my advice would be to make sure you know about the commission distribution and percentage in advance before dealing with any agent and preferably have that in writing to avoid any surprises.

Thank you for your question. Since you did not make any profit you probably do not have to pay CGT. The Spanish tax office often takes its time to give you back the money left after paying all taxes. Ask also for any other copies of the papers related to the sale.

Hopefully, you also have the invoice of the euro commission and any other paper that can give you a clue as to where the other euros are. Were you there at the notary when the sale was completed? I say that because I have seen cases where the estate agent had sold the property for a different price and has kept the difference. I am not saying this is the case, but it has happened before. You can also find out directly from the buyer what price they actually paid for since it seems quite odd that you paid You will probably have to go to the town hall and tax office to find exactly what has happened and if your taxes have already been paid or not, what was the exact amount that was paid and when do you expect to get any refunds and how much it is.

You certainly have a point there. You can do both, sell privately and through 1 or more agents, why not. You can, for example, try to sell it privately first for a couple of months and then decide to go through an agent. I would advise, however, to quote the same price for all clients, even if they come through an agent.

It is also not fair for the agent to have your property listed for a lower price privately and is not a motivating factor for them either and your goal is ultimately to sell the property. Some agents might also have a client database that they can ring up to see if they are interested in your property and that is a good thing since it increases your chances of selling it.

I am afraid you will still have to pay CGT since the property in Spain is not your primary residence. On top of that, if the reinvested amount is less than the total amount received in the transfer, only the proportional part of the capital gain obtained that corresponds to the amount reinvested will be excluded from taxation. But this only in case your property in Spain is your primary residence. I would definitely wait after 2nd July to sell your property.

Anyway, you can already advertise it and start to make the arrangments to move back to the UK, since selling your property might take longer than expected. But I would recommend, if you find a buyer, to have the completion signed after the 2nd of July.

I assume the property you own in Spain is your primary residence and you both are owners and are above If that is the case you do not need to pay CGT if you sell after 3 years, and you will only have to pay the municipal plusvalia, the estate agent and solicitor if you have any.

Inheriting a property is much like buying a property when it comes to paying CGT. In your case you will have to pay CGT from the moment you inherited the property since all taxes were already paid when you inherited the property.

I am a little bit confused as to how another property, in this case and old finca, could be added to the deeds. I imagine it was an old ruin on the premises which was reformed. You might only be able to deduct half of that if you are planning to reinvest by buying another property that is half the value of your sold property. When you sell your house in Spain you will have to pay your taxes in Spain and next year you will have to do your income tax declaration in Spain.

You can transfer the money to your bank account in the UK, but for the tax declaration, you will have to declare your UK bank account. When transferring the money to the UK it is also a good idea to see what exchange rate your bank is charging, it is sometimes a smart move to use a currency broker to transfer your funds to the UK since that can also save you thousands of pounds.

Just a quick reply to your question. In Spain when you buy a house it is wysiwyg what you see is what you get. The airconditioning is not even part of the physical structure of the house and it is not possible to claim form any damages.

Only in some extreme cases would the buyer be able to claim for structural construction damages, eg: buildings affected by aluminosis the degeneration of cement used in construction. Rest assured that they will also not spend money on a solicitor for euros and it is only a scare tactic. So the best thing you can do is ignore it.

I know it is outrageous what some agents charge. There even are agents that charge commission from both buyer and seller. The problem is that the profession of estate agent is not regulated in Spain and everybody with as little as a mobile phone can call himself estate agent. However, many agents do a good job, but because of the fierce competition in the field and the long time it takes to sell a house in Spain on average 10 months agents are sometimes forced to charge these high commissions to prevent going out of business.

Nevertheless, it feels indeed very injust compared to the fees in the UK. On the positive side a proper agent will give you an invoice for selling your property, which you can use to deduct from your capital gains tax, but in your specific case, you do not have to pay CGT since you already meet the exception criteria. There is, however, a growing group of agents that sell property for a fixed fee, which might be of your interest.

I have gathered a list of these on-line agents in Spain. When buying a new home, it very much depends on your situation and the region in Spain you are going to buy in. Hopefully, you both have your primary residence set in Spain for more than 3 years, since then you would be exempted from paying capital gains tax. When buying another property in Spain, you will have to pay your regular buying taxes as explained in this article.

Just to make sure ask the buyers solicitor if its for that. Otherwise, I see no reason why you should pay anything else. All other taxes are the same for both residents and non-residents. The period to be eligible for the GCT exception is 3 years at the minimum. My advice would be to gather all official invoices you have incurred for home improvements, solicitors costs etc and even the costs and invoices form your purchase in , since you can deduct all these costs from your CGT.

I do not understand your statement that the selling costs are greater than the purchase price. In the old days more than 5 years ago it was a common practice to buy a property with big sums of B money to avoid paying extra taxes. Nowadays, it is almost impossible to do that since the tax office will make their calculations and buyers and sellers can get fined for selling at a low price.

To do that you would have to make an inventory list. So if you sell it for It can be the case that an agent does not have many properties to offer a client and therefore might look for other partners or collaborating agents to offer the client more properties to choose from.

That is normal, and in these specific cases both agents will split the commission 2. It seems the agent you contacted is trying to profit from buyer and seller, and I would have serious doubts to trust such an agent. If the price in the deeds of your apartment when you bought it in is higher than the price you are selling it for now, then, in theory, you should not have to pay any capital gains tax.

I say in theory because the Spanish tax office also has to believe that you are selling it for a lower price, otherwise, you can expect to receive a fine, but hopefully, I hope that does not happen. The thing is that you bought the apartment during the crisis and since then Spanish property prices have gone up, but the tax office sees that differently. The tax office calculates the value of your apartment and takes many things into consideration. The walls are also taken to increase the m2 surface as well as a small percentage of communal grounds, such as pools, gardens, etc… There is no guarantee that if you appeal against the tax office you will get your euros back.

Anyway, you need to prove that your apartment was sold for the actual selling price at the time you bought it. Bear in mind that a solicitor will also cost you money, probably in the region of euros. If you decide to appeal, the tax office will inspect the sale and any other sales on that complex and there might be that some apartments were sold or have been sold for If that is not the case you have a good chance getting of your money back.

So you have to calculate that on top. For example: Selling price It is indeed very frustrating that the Spanish tax office takes a very long time to pay out refunds. I know firsthand that in some cases it takes up to 3 years and more. Many foreign sellers just forget about it and close their Spanish back account and that money stays in the tax office.

The frustrating part is that in most cases it is not worth it going to a solicitor for this since it is not more than 5. Important: If you closed your Spanish bank account you need to give a power of attorney to your solicitor so that they can reclaim the money back for you. So only you are eligible for this exception in this specific scenario. For your wife to avoid paying CGT a smart thing can also be to reinvest the profit by purchasing another property in Spain.

For example, buying a smaller or cheaper property. By reinvesting your profit you are also exempt from paying CGT. Hope that helps. Kind regards Robbert. Share this Article.

We sold our house feb which we had lived in over 15 years. We do not like living in the apartment and want to sell. Purchase price selling price maybe euro we know we may have some capital gains to pay. My question if we buy a static caravan on Residential Park Site near Antequera euro monthly community fee euro. Will this be classed as buying another home avoiding the retention fee. Regards Trevor Dear Trevor, We are not totally sure we understand your question about the retention.

Greetings from Malaga, I am 69 and my wife is 55 years old and we both are Spanish residents. We lived in our house for 22 years and we are now selling our house. Am I exempt from paying capital gains tax for only half the selling value and responsible for paying tax on the other half because my wife is not 65 yet?

Thanks in advance. Is this correct? We are non-residents in Spain. Thank you in advance. I overheard someone talking about a new rule in Spain which is that the bank now is the one paying notary fees and other costs when buying a property in the country. Is that really true?

We are in the process of purchasing a property in Spain. We have paid the deposit and everything appears to be going through. We are living in England and paying the price in pounds to an English Bank as the sellers are English. We agreed on on a price at euro rate to the pound some months ago, but this has now fallen. However, we have just been sent a list of legal retentions that must be paid by the sellers.

However, this long list -Spanish capital gains, plusvalia, estate agent pending fees, pool declaration costs is being added up and converted from euros to pounds and we are expected to deduct this off the sellers selling price for the property and transfer the money to Spain in euros. The fall in the pound, plus transfer fees is going to cost us a lot of extra money. Is this right? Your guidance on this would be helpful The exchange rate should be the rate on the day of the purchase to avoid further discussions about this.

It was left in a will. The solicitor told us it was sold but now we cant get in contact with him. We have tried calling, emailing, WhatsApp but no response.

What should we do next? How long does it take for seller to receive money after completion of sale? Hello, We bought a villa in We paid showing clearly on our escritura Euros , and Plus Valia Euros 60, So we actually paid euros , approximately. Now in we are selling at gross euros , Please — will capital gains profit tax be levied on us at , or ,? Namely, our cost for current tax liability purposes was K or K?

At the time of signing, how does it work that we would have already paid off Do we just agree between seller and buyer that the house is being bought for Also, am I correct in assuming the buyer pays no estate agent fees? Hi, We live in Mallorca in a house purchased by my husband 11 years ago. For it to be your residential home you would have had to have lived in it for three years prior to the sale.

You would not be residents in Spain as the property is in the UK. I am shocked by this because I have never received any form of notice from the Spanish authorities.

I was 67 when I sold the Spanish house and then bought my home in the UK several months later. Is there not a time limit to claim for CGT claims? Thanks in adavance. As a file has been opened the time line of four years is extended.

Any idea how much this will be and when may I be likely to receive it. And if so, who do I pay it to? If not, then there is a fine. I am resident in spain and I am resident in spain and have a property in the Uk that I bought 25 years ago so the gain on it is huge about k.

My principal home is now in spain. This will be the value of purchase plus costs, value of sale less costs and then an allowance for the time if purchased before Then you deduct any tax paid in the UK under the double taxation treaty. If we move back to the UK, for how long after our return to the UK are sales of UK property affected by spanish capital gains please?

We have lived in Spain for 12 We have lived in Spain for 12 months and now considering selling our UK property which we rent out. We only purchased the property in and not sure if CGT is payable because we have only owned the property since that date.

We are non residents. Our solicitor has chased the tax office but to no avail. Is the tax office in Spain accountable to anyone? Is there a phone number or email address available for non Spanish speakers to raise queries? Any advice would be gratefully received. It can take a long time for the Tax Office to process this. There is no number for non-Spanish speakers. The telephone number for non-residents in Madrid is 91 but for earlier presentations you will have to go in person to the corresponding office in the capital of the province and arrange an appointment as no information is given by phone.

We already own a small house in Spain which we plan to keep. We now want to buy a 2nd property in Spain. Our aim is to move to spain and use the new property as our primary residence and become residents.

Have I got it right that it would be best for us to wait until before becoming residents in Spain? Thanks for any advice. Who tells us how much capital Who tells us how much capital gains tax we need to pay when we sell our garage space in Spain and how is it collected.

This is a legal requirement when non-residents sell property. To calculate this profit you need firstly to ascertain your original purchase price. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc , thereby reducing the final sale price. Now you have your original purchase price and your final sale figure, so we can work out your net profit and calculate your Capital Gains Tax liability.

In either case, Form H is submitted to the Tax Office, either claiming the outstanding balance or enclosing payment for the sum owed. I own a UK property that has doubled in value since I bought it back in The outstanding mortgage is important to know that this is factored in as I have quite a bit left to pay off that will be paid off with the sale albeit that there will still be CGT to pay due to increase. I am currently renting here in Spain and looking to buy a house here.

Further to point 2, can I buy here in Spain first and then sell later the UK property and still benefit from this relief? This is a complex issue. However, you would normally have to be a tax resident for 3 years before any benefits can be obtained. Hi Hi We are saleing our Spainish property that we have own for approximately 1year. As we understand it there will be cgt on any profit at the rate of 19 per cent.

Is the the only only tax payable?. We are in the process of We are in the process of selling our only house which is in the uk. When it sells I plan on taking early retirement and immediately moving to Spain.

I am 51 and my wife is The cgt that seems liable will completely change these plans. Are there no easy solutions? The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year.

Since we purchased, exchange rates plummeted as well as the property market. Would I be liable for any tax? Capital Gains Tax is due on the profit made on all property sales in Spain. This is a legal requirement when Non-Residents sell property. To calculate this profit we need firstly to ascertain your original purchase price. We do this by. I was resident in Spain. I I was resident in Spain. What is the time scale to reinvest the gain in a new property to avoid CGT? Hi David, The time scale for reinvestment is normally 2 years, this would have been declared in the Tax delcaration where you would have promised the amount to be reinvested.

I have a question regarding Property Capital Gains Tax: Can a Non-Resident profit from a roll-over relief if the sale proceeds are re-invested in another property in another part of Spain?

Hello, No, unfortunately this is only for residents in Spain that sell their main property and where they have lived permanently at least 3 years. At this point I am undecided whether to sell or to rent. I would like to understand the tax position in the event that I decide to sell the property. The total cost of purchase can include transmission tax, lawyer, notary and registration fees.

Is this correct? An official licence was obtained for a minor reform and taxes paid. No structural work was conducted in the reform process. I understand that there are no allowances that relate to any of the money spent on the reforms when calculating my CGT obligations. The reforms included new kitchen and appliances. Are there any other deductions allowable such as community fees, electricity, local council taxes, when calculating CGT?

Will there be another tax applied to the sale called Plus Valia and is this a tax that I will pay? If so how is it calculated? I understand that all selling fees and lawyers fees can be included in the final CGT tax computation. Are there any other taxes and or items that I have omitted?

Hello Tim, Will try to answer the best as possible below to your queries: 1. Yes, this is correct. The answer is correct there are no allowance for minor works carried out on the property, had it been an New Building and extension of the property with a new Title Deed then this would have been allowed. No, unfortunately no. Selling feed such as the estate agents commission can be deducted.

We believe you included everything in your list. A few queries from an old sea salt. Will gladly reimburse if required for your time and expertise! I have been Non-Resident in Spain since mid I return to Spain during my field-breaks.

Therefore, I am in the UK for approx days out of days. Am I still legally a Non-Resident with around days per year living in Spain? Since August , I have lived in Granada and intend to retire there in when I reach 66 years. When I retire, I believe it will be mandatory to take full residency as my presence in Spain will become permanent.

Please can you confirm? My property in Granada was purchased for circa , There is no outstanding mortgage Should I sell my house after 4 to 6 years after retiring and have taken full residency status, I believe I might be exempt from Capital Gains. Please can you clarify if my reasoning is correct or otherwise? If any profit from the sale of the Granada property was transferred back to the UK, would I be subject to any UK foreign earnings taxes the money would probably be invested into a retirement apartment?

We do not know if there will be change of laws when you intend to retire in , but according to todays situation you will have to become resident in Spain if you intend to live permanently in Spain.

According to todays tax situation if you are over the age of 65 years old, you are pensioner, have been resident in Spain for over three years and the property you are selling has been your main residence you willl be exempt of Capital Gains Tax. Dear Sirs As non residents we built a house in spain on ground we already owned. Property sold end for ,Euros. All paperwork of no value to the purchaser, destroyed in Jan Our Gestoria argued that the property was sold with a house, and despite us no longer having the builders receipts the value of the build was approx E plus costs.

Agencia Tributaria has reassessed the CGT now due at about 41,euros and we are in the process of appealing. We have had to pay 5,thousand euros in April in order to defer payment and appeal and further payments of some 2,thousand euros per month for the next 12 months. The Agencia has made no ruling as yet, I gather it has 6mths to respond. This means shortly if we receive no ruling, we will have to appeal to a Tribunal to overrule the Agencia and have our payments returned. I am very unwilling to continue to make payments as the amount demanded is patently incorrect.

If the Tribunal does not overrule the Agencia, we will not receive any repayments either. Please can you advise if this is legal that the agencia can invent this CGT due when we provided all the paperwork to the Notary at the time of registration of the property.

This seems to be a false calculation we are being asked to pay.. Dear Jennifer, It is complicated to give you detailed information without seeing the documentation of the property. In these cases it is vital that you have all documentation and paperwork in place and in order, without it is very difficult to claim anything at all from the Agencia Tributaria.

Also the registration of the building should have been done before to avoid any possible issues. We assume you legal team is doing all that is possible with the tools and paperwork they have on the property. Sorry we can not really be of any further assistance.

But this was all taken care of when property was sold, what she do? Hello, Thanks for your message. We would need to see all paperwork, taxes paid, and letter of the Tax Authority to be able to asses in this matter. If you wish to send us all documentation on your case you can do so by emailing us at info abacoadvisers. Dear Miriam. No one seems to be able to confirm. Is the gain on the , euros or euros? Many thanks in advance IAN.

We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc. We can not do this if you paid by cash and have no VAT receipt. Hi, Our recommendation is to have your solicitor claim the to the buyer and their representative. Hi Anne, Yes unfortunately yes, you will have to pay property tax. Should you need assistance please contact our colleague Jessica at the following email jsp abacoadvisers.

My husband and I bought an apartment in Spain in for , euros. We want to sell it but it but we will sell it at lost. According to the market value it is worth , euros. We are non-residents. We have finished paying for the mortgage. We are over 65 years old. How much? Do we have to pay Income tax in the UK?

Even though we will not make any profits. Should you need any help in the process please contact us at info abacoadvisers. If you are residents you would pay Tax on your world wide income including the proeprties, there could also be Wealth Tax on top of income Tax. The rent for the properties has to be declared in the UK as well as in Spain, Tax paid on the rental income is deducted from the Tax to pay here under the double Taxation treaty.

Should you have any further queries please do not hesitate to contact us at info abacoadvisers. I am a non resident but have owned a small town house in a village since Would i have to pay any tax as it will be sold for a loss? We currently have an offer on our home in Spain. I am 69 years old and my wife is We have been residents in Spain for the past 8 years and permanent residents for the past 1 year.

Will my wife be liable for CGT on her half of any profit made? This is our only residence, we do not own any other property. Thank you so much. Hi, if we sell our spanish home privately without an estate agent, who pays the solicitors fees, the seller or the buyer. Hi Janice, The buyer will pay for his solicitor and the seller for his own solicitor, if you have the same solicitor in the process if depends on the agreement you reach.

If you have any authority for your answer, that would be greatly appreciated. Hi Kirsten, Thank you for contactin us. For example, is you sell a property for Hi, I have Spanish recidencia and have had for 15 years, but am British.

Am I correct that if you sell your property in Spain but then fully reinvest any profit in further more properties in Spain you do not pay the capital gains tax, because you will be paying the tax on the new property or properties? Because I am paying the tax on 2 new property purchases, would I still have to pay the Capital gains on the profit from the original sale?

I was told if profit is reinvested in to the Spanish property market within a 2 year period you do not pay the tax on profit? Hi Andy, It is correct that if you sell and reinvest any profit you will avoid the capital gains tax, but if you buy two properties you will have to pay capital gains tax as you can not have two different main residences.

Hi, we have been living in France for fifteen years, and the plan is to sell our home and enable early retirement by living in rented accomodation in Spain. Trouble is, we have heard that we may be subject to capital gains tax by the Spanish authorities, even though it is our principle home?

Hi Richard, Yes this would be the case, it is always advisable to sell the the year prior to coming to Spain to be a Resident. Will my wife and her brother be liable for any Taxes or Capital Gains Tax on the property before they become the legal owners of it?

If so what amounts are they When they become the legal owners of it , they both aim to sell it asap and she and I will return to the UK, what tax liabilities will there be when the Villa is sold Thank your help Geoff Cherry. Hi, First they will inherit, they will become owners and will pay Inheritance Tax. The reduction in the Valencia Region is Please do not hesitate to contact us should you have any further queries.

I bought land in Spain in with my Husband who died 6 years ago. We were both OAP s when we moved here and my husband was disabled.. We were both Spanish residents but have not paid tax or been asked to do as we only had some money from our British sale. We have always paid British Tax. Cash price for the land was 40, euros. As I am now disabled and not able to keep the property would like to return to Britain before Britain is totally out of the EU. We built up a small casita, pool and a summer house and kept bills to prove this.

As I am 80 years old this year. Thank you for your help. Hello, We are sorry to hear about your situation. Should you request any assistance from us please call us at or email us at info abacoadvisers.

Hi I have been sent this regarding being able to reduce the selling price of your property by taking away the balance of the mortgage when you sell. Hi, In order to be able to obtain relief when selling you residential home to purchase another you must have owned the property and living in the house for over three years as a Tax Resident and be reinvesting the full amount in the new property.

If you do not reinvest the full amount then you can only dedduct a percentage. I have received a gift from my parents of a property in Spain. All taxes are paid there. However, is there anything I would need to declare being a resident myself in the UK? Hi Alejandro, No, you will not need to declare it being a resident in the UK. You will just need to pay your yearly property taxes as non-resident in Spain for the property you have received.

Where can i get a copy. Hi Nadine, You may check at the notary you signed the sale or with the buyers. Hi Roy, In the case the Tax has to be declared here on the H but also under the Double Taxation treaty in their own country deducting any Tax paid here from the Tax to pay there. You will have to declare the sale in the UK and the Tax paid here is deducted from the liability you may have in the UK under the double Taxation treaty.

Hi Oscar, I am considering becoming a Spanish resident before the end of the year. I own a small apartment in the UK which I will keep to use when I travel back to visit. Can you tell me if I will have to declare it and pay any taxes on it each year? I am a non-resident property owner,in Spain,i am Hi Joe, If you sell your property as a non-resident in Spain and you make a profit on the sale, yes you will have to pay Capital Gains Tax.

Toggle navigation. Table of Contents. See all It might be of your interest Calculating capital gains tax in Spain when selling your property Proposals for capital gains tax in the UK Changes to Spanish capital gains tax. Leave a comment. Submit comment. Michael Dawson 1 May, am. Suzanne O'Connell 2 May, pm. Bernard Wasape 5 May, am. Suzanne O'Connell 8 May, pm. Hi Bernard Hi Bernard Capital Gains is based on the purchase value plus official costs less the sale prices less costs and you are taxed on the difference.

David Larby 6 November, am. Suzanne O'Connell 13 November, am. Joanna Thomas 20 November, am. Many thanks. Suzanne O'Connell 2 December, pm. Dear Joanna Dear Joanna This is quite a complex case and each case such as this must be studied to see if modifications and builders' receipts are acceptable or not. Martin Osmond 30 December, am. Suzanne O'Connell 1 January, pm. Dear Martin Dear Martin There is no allowance for capital gains tax. Annmarie Newton 30 December, pm.

Suzanne O'Connell 5 January, am. Hi Annmarie Hi Annmarie You pay tax on the capital gains made from the difference between the sale price and the purchase price. Dave murphy 17 January, pm. Suzanne O'Connell 28 January, pm. Hi Dave Hi Dave The costs for the solicitors, agents' fees etc.

Harriet Smith 20 January, pm. Suzanne O'Connell 13 February, am.

773,000
* €/m2
266 m2 | 7 bedrooms | 6 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
How do I sell my property with Houses In Spain? Share this page. We buy houses inland Spain as well as the Spanish Costas, but they must have the I am often in Spain looking for the right properties to add to my portfolio. Documentation needed when selling a house in Spain: Should you trust Fuster & Associates to complete the sale of your property in Spain, our.

Alternatively, you can also agree on a fixed purchase price, that is up to you. That is not something you should pay for. You will need to go to the notary in Spain to get things started. The notary will advise you what to do and what papers you need. The papers you will need are: 1 NIE number of the deceased person s your mother and from the persons who are inheriting. NIE number is a ID number for foreigners. In most cases, the money is received at completion. However, international bank transfers might take days to complete, and in some cases, banks can retain the funds for 1 week or so.

That is a very odd situation since normally the plusvalia is paid by the seller. Do you have a receipt for this 60k payment? In a normal situation, taxes are usually calculated from the amount presented in the escritura. From reading the first page of the deeds, it says that all the costs arising from the sale are to be paid by the buyer except the Plusvalia which is for the seller.

Having concluded that, the 60K is not the plusvalia, then it must be another payment. Do you remember if you paid this amount in cash? It also can be a downpayment you made or b money. I say this because I know that up to 5 years ago it used to be a regular practice to pay amounts in B to avoid paying extra taxes.

It also can be that the estate agents or intermediary took this 60k and declared only a selling price of K, which regrettably also happens quite often. In that case the seller only got k and could have been unaware that you paid K. Anyway, see if you can find the official receipt for the 60k.

This is risky because in the meantime the seller can mortgage the property and you can be left with a property that has debt on it. In the contract, I would declare the full It is indeed correct for the solicitor to charge you euros.

The solicitor acts on your behalf and has to check if what you are buying is in order and maybe negotiate some points with the seller or the other solicitor. For example, if the property is furnished there might be an inventory list etc and a portion of the selling price can be allocated to furniture in order to pay fewer taxes for example…The solicitor also has to calculate expenses prepare the option contract, etc….

So it is only reasonable your solicitor charges you euros. On the downside, solicitors can be very strict and can discuss endlessly with the other party which can create irritations and eventually the sale might fall through.

You would have to pay quite a lot of Capital Gains tax since you made quite a lot of profit. Sorry to hear about your mother. I would not use an estate agent to have the property appraised since the market price they quote might be unreliable. A good starting point would be to look at similar listings in for example idealista. You can just indeed use an attorney to handle the sale since selling a property in Spain is not that straightforward as it is in the US.

Sadly enough you cannot undo what the selling amount is in the escritura of , since you signed for it by power of attorney. Normally the Spanish tax office would give the property a higher selling valuation and sends out fine for it, which would decrease the amount you have to pay for CGT.

I presume this has not happened and thus you will probably need to pay around 11k euros only on CGT if you sell at 85k.

Make sure to gather any official invoices on any costs incurred related to the property, e. Normally in each community, there are meetings where these things are discussed and it is advisable to go to these.

My advice would be to talk to the president of the community or administrator and explain the situation. Charging the buyer is not a common practice in Spain and many foreign buyers are led to believe otherwise. It is the seller that pays the commission from the money that was paid for the sale of the property. However, sometimes the agent can receive a portion of their commission when signing the option contract for their assurance should the sale fall through.

So my advice would be to make sure you know about the commission distribution and percentage in advance before dealing with any agent and preferably have that in writing to avoid any surprises. Thank you for your question. Since you did not make any profit you probably do not have to pay CGT.

The Spanish tax office often takes its time to give you back the money left after paying all taxes. Ask also for any other copies of the papers related to the sale. Hopefully, you also have the invoice of the euro commission and any other paper that can give you a clue as to where the other euros are. Were you there at the notary when the sale was completed? I say that because I have seen cases where the estate agent had sold the property for a different price and has kept the difference.

I am not saying this is the case, but it has happened before. You can also find out directly from the buyer what price they actually paid for since it seems quite odd that you paid You will probably have to go to the town hall and tax office to find exactly what has happened and if your taxes have already been paid or not, what was the exact amount that was paid and when do you expect to get any refunds and how much it is.

You certainly have a point there. You can do both, sell privately and through 1 or more agents, why not. You can, for example, try to sell it privately first for a couple of months and then decide to go through an agent.

I would advise, however, to quote the same price for all clients, even if they come through an agent. It is also not fair for the agent to have your property listed for a lower price privately and is not a motivating factor for them either and your goal is ultimately to sell the property. Some agents might also have a client database that they can ring up to see if they are interested in your property and that is a good thing since it increases your chances of selling it.

I am afraid you will still have to pay CGT since the property in Spain is not your primary residence. On top of that, if the reinvested amount is less than the total amount received in the transfer, only the proportional part of the capital gain obtained that corresponds to the amount reinvested will be excluded from taxation. But this only in case your property in Spain is your primary residence.

I would definitely wait after 2nd July to sell your property. Anyway, you can already advertise it and start to make the arrangments to move back to the UK, since selling your property might take longer than expected. But I would recommend, if you find a buyer, to have the completion signed after the 2nd of July. I assume the property you own in Spain is your primary residence and you both are owners and are above If that is the case you do not need to pay CGT if you sell after 3 years, and you will only have to pay the municipal plusvalia, the estate agent and solicitor if you have any.

Inheriting a property is much like buying a property when it comes to paying CGT. In your case you will have to pay CGT from the moment you inherited the property since all taxes were already paid when you inherited the property. I am a little bit confused as to how another property, in this case and old finca, could be added to the deeds. I imagine it was an old ruin on the premises which was reformed.

You might only be able to deduct half of that if you are planning to reinvest by buying another property that is half the value of your sold property. When you sell your house in Spain you will have to pay your taxes in Spain and next year you will have to do your income tax declaration in Spain.

You can transfer the money to your bank account in the UK, but for the tax declaration, you will have to declare your UK bank account. When transferring the money to the UK it is also a good idea to see what exchange rate your bank is charging, it is sometimes a smart move to use a currency broker to transfer your funds to the UK since that can also save you thousands of pounds.

Just a quick reply to your question. In Spain when you buy a house it is wysiwyg what you see is what you get. The airconditioning is not even part of the physical structure of the house and it is not possible to claim form any damages.

Only in some extreme cases would the buyer be able to claim for structural construction damages, eg: buildings affected by aluminosis the degeneration of cement used in construction. Rest assured that they will also not spend money on a solicitor for euros and it is only a scare tactic. So the best thing you can do is ignore it. I know it is outrageous what some agents charge. There even are agents that charge commission from both buyer and seller. The problem is that the profession of estate agent is not regulated in Spain and everybody with as little as a mobile phone can call himself estate agent.

However, many agents do a good job, but because of the fierce competition in the field and the long time it takes to sell a house in Spain on average 10 months agents are sometimes forced to charge these high commissions to prevent going out of business.

Nevertheless, it feels indeed very injust compared to the fees in the UK. On the positive side a proper agent will give you an invoice for selling your property, which you can use to deduct from your capital gains tax, but in your specific case, you do not have to pay CGT since you already meet the exception criteria.

There is, however, a growing group of agents that sell property for a fixed fee, which might be of your interest. I have gathered a list of these on-line agents in Spain. When buying a new home, it very much depends on your situation and the region in Spain you are going to buy in.

Hopefully, you both have your primary residence set in Spain for more than 3 years, since then you would be exempted from paying capital gains tax. When buying another property in Spain, you will have to pay your regular buying taxes as explained in this article. Just to make sure ask the buyers solicitor if its for that.

Otherwise, I see no reason why you should pay anything else. All other taxes are the same for both residents and non-residents.

The period to be eligible for the GCT exception is 3 years at the minimum. My advice would be to gather all official invoices you have incurred for home improvements, solicitors costs etc and even the costs and invoices form your purchase in , since you can deduct all these costs from your CGT.

I do not understand your statement that the selling costs are greater than the purchase price. In the old days more than 5 years ago it was a common practice to buy a property with big sums of B money to avoid paying extra taxes. Nowadays, it is almost impossible to do that since the tax office will make their calculations and buyers and sellers can get fined for selling at a low price.

To do that you would have to make an inventory list. So if you sell it for It can be the case that an agent does not have many properties to offer a client and therefore might look for other partners or collaborating agents to offer the client more properties to choose from. That is normal, and in these specific cases both agents will split the commission 2. It seems the agent you contacted is trying to profit from buyer and seller, and I would have serious doubts to trust such an agent.

If the price in the deeds of your apartment when you bought it in is higher than the price you are selling it for now, then, in theory, you should not have to pay any capital gains tax. I say in theory because the Spanish tax office also has to believe that you are selling it for a lower price, otherwise, you can expect to receive a fine, but hopefully, I hope that does not happen. The thing is that you bought the apartment during the crisis and since then Spanish property prices have gone up, but the tax office sees that differently.

The tax office calculates the value of your apartment and takes many things into consideration. The walls are also taken to increase the m2 surface as well as a small percentage of communal grounds, such as pools, gardens, etc… There is no guarantee that if you appeal against the tax office you will get your euros back.

Anyway, you need to prove that your apartment was sold for the actual selling price at the time you bought it. Bear in mind that a solicitor will also cost you money, probably in the region of euros. If you decide to appeal, the tax office will inspect the sale and any other sales on that complex and there might be that some apartments were sold or have been sold for If that is not the case you have a good chance getting of your money back.

So you have to calculate that on top. For example: Selling price It is indeed very frustrating that the Spanish tax office takes a very long time to pay out refunds.

I know firsthand that in some cases it takes up to 3 years and more. Many foreign sellers just forget about it and close their Spanish back account and that money stays in the tax office.

The frustrating part is that in most cases it is not worth it going to a solicitor for this since it is not more than 5. Important: If you closed your Spanish bank account you need to give a power of attorney to your solicitor so that they can reclaim the money back for you.

So only you are eligible for this exception in this specific scenario. For your wife to avoid paying CGT a smart thing can also be to reinvest the profit by purchasing another property in Spain. For example, buying a smaller or cheaper property. By reinvesting your profit you are also exempt from paying CGT. Hope that helps.

Kind regards Robbert. Share this Article. We sold our house feb which we had lived in over 15 years. We do not like living in the apartment and want to sell. Purchase price selling price maybe euro we know we may have some capital gains to pay. My question if we buy a static caravan on Residential Park Site near Antequera euro monthly community fee euro. Will this be classed as buying another home avoiding the retention fee.

Regards Trevor Dear Trevor, We are not totally sure we understand your question about the retention. Greetings from Malaga, I am 69 and my wife is 55 years old and we both are Spanish residents. We lived in our house for 22 years and we are now selling our house.

Am I exempt from paying capital gains tax for only half the selling value and responsible for paying tax on the other half because my wife is not 65 yet? Thanks in advance. Is this correct? We are non-residents in Spain. Thank you in advance. I overheard someone talking about a new rule in Spain which is that the bank now is the one paying notary fees and other costs when buying a property in the country.

Is that really true? We are in the process of purchasing a property in Spain. We have paid the deposit and everything appears to be going through. We are living in England and paying the price in pounds to an English Bank as the sellers are English. We agreed on on a price at euro rate to the pound some months ago, but this has now fallen. However, we have just been sent a list of legal retentions that must be paid by the sellers. However, this long list -Spanish capital gains, plusvalia, estate agent pending fees, pool declaration costs is being added up and converted from euros to pounds and we are expected to deduct this off the sellers selling price for the property and transfer the money to Spain in euros.

The fall in the pound, plus transfer fees is going to cost us a lot of extra money. Is this right? In which case, I would need to get a property valuation at the date I left the UK??

Unfortunately, the capital gains is calculated from the date of purchase of the property to the sale. When you became a resident makes no difference. If a Spanish resident and tax If a Spanish resident and tax resident for more than 3 years and over 65 and you sell your house to return to uk do you have to purchase another property can you just return to uk with the money from your sale.

If you are a tax resident for more than three years and over 65 and you sell your house when you are still a resident then there is no capital gains tax to pay. However, you must still complete the tax declaration for that year as a resident.

Hi, I am completing on a Hi, I am completing on a villa in Alicante at the end of June, I am selling my UK house but might not complete untill August, would it be best to wait untill January to become resident in Spain and just be non resident for the rest of this year and just stay for the 90 days to advoid Capital Gains Tax. Thank you. Hi, We are currently planning Hi, We are currently planning on selling our family home this year in Ireland and moving to Spain.

I saw in one of your earlier comments if we move in the same year that we sell our home we are liable for CGT. However in Ireland If you spend days or more in Ireland over a period of two consecutive tax years, you will be regarded as resident for the second tax year which applies to us.

Does this supersede Spanish tax law to leave us with no liability as we will not be deemed tax resident? We are planning on moving in May to enrol our kids in school but if we need to ensure that we are not in the country for more than days than we will have to move in mid July.

I appreciate your help on this. Many Thanks. If you sell and move to Spain in the same tax year and are here for days then you have to pay capital gains tax here. It's better to sell in Ireland and not come to Spain until the following year. How much will I have to pay? I have not been a Spanish resident. I am a resident in Spain for I am a resident in Spain for more than a year, and I am selling a small property Urban Land, no building on it; price is less than 50K Euros that I have had for more than 20 years in my country of birth, outside the EU, i.

Do I have to pay a tax here in Spain? Thanks for your help. If I am resident in Spain and If I am resident in Spain and sell a property back in UK that has no capital gain is there any tax to pay at all? The property has to be declared and if there is no capital gain then there is no tax to pay. I sold my house in the uk I sold my house in the uk before moving to spain intending to become resident but because of not being able to settle only stayed in our spanish villa for less than 6 months at a time over a 2 year period using it as a holiday home.

When returning to the uk residing with my daughter. We have now sold in spain intending to re-invest the proceeds for our main residence in the uk. Are we liable for CGT.

Am I right in thinking the way to reduce the CGT would be to return, live in the property one year and then sell it there as first resident. Is that right? For it to be your residential home you would have had to have lived in it for three years prior to the sale.

You would not be residents in Spain as the property is in the UK. I am shocked by this because I have never received any form of notice from the Spanish authorities. I was 67 when I sold the Spanish house and then bought my home in the UK several months later. Is there not a time limit to claim for CGT claims? Thanks in adavance. As a file has been opened the time line of four years is extended.

Any idea how much this will be and when may I be likely to receive it. And if so, who do I pay it to? If not, then there is a fine. I am resident in spain and I am resident in spain and have a property in the Uk that I bought 25 years ago so the gain on it is huge about k.

My principal home is now in spain. This will be the value of purchase plus costs, value of sale less costs and then an allowance for the time if purchased before Then you deduct any tax paid in the UK under the double taxation treaty. If we move back to the UK, for how long after our return to the UK are sales of UK property affected by spanish capital gains please?

We have lived in Spain for 12 We have lived in Spain for 12 months and now considering selling our UK property which we rent out. We only purchased the property in and not sure if CGT is payable because we have only owned the property since that date.

We are non residents. Our solicitor has chased the tax office but to no avail. Is the tax office in Spain accountable to anyone? Is there a phone number or email address available for non Spanish speakers to raise queries? Any advice would be gratefully received. It can take a long time for the Tax Office to process this.

There is no number for non-Spanish speakers. The telephone number for non-residents in Madrid is 91 but for earlier presentations you will have to go in person to the corresponding office in the capital of the province and arrange an appointment as no information is given by phone.

We already own a small house in Spain which we plan to keep. We now want to buy a 2nd property in Spain. Our aim is to move to spain and use the new property as our primary residence and become residents. Have I got it right that it would be best for us to wait until before becoming residents in Spain? Thanks for any advice. Who tells us how much capital Who tells us how much capital gains tax we need to pay when we sell our garage space in Spain and how is it collected.

This is a legal requirement when non-residents sell property. To calculate this profit you need firstly to ascertain your original purchase price. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc , thereby reducing the final sale price.

Now you have your original purchase price and your final sale figure, so we can work out your net profit and calculate your Capital Gains Tax liability. In either case, Form H is submitted to the Tax Office, either claiming the outstanding balance or enclosing payment for the sum owed. I own a UK property that has doubled in value since I bought it back in The outstanding mortgage is important to know that this is factored in as I have quite a bit left to pay off that will be paid off with the sale albeit that there will still be CGT to pay due to increase.

I am currently renting here in Spain and looking to buy a house here. Further to point 2, can I buy here in Spain first and then sell later the UK property and still benefit from this relief? This is a complex issue. However, you would normally have to be a tax resident for 3 years before any benefits can be obtained. Hi Hi We are saleing our Spainish property that we have own for approximately 1year.

As we understand it there will be cgt on any profit at the rate of 19 per cent. Is the the only only tax payable?. We are in the process of We are in the process of selling our only house which is in the uk.

When it sells I plan on taking early retirement and immediately moving to Spain. I am 51 and my wife is The cgt that seems liable will completely change these plans. Are there no easy solutions? The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year.

Since we purchased, exchange rates plummeted as well as the property market. Would I be liable for any tax? Capital Gains Tax is due on the profit made on all property sales in Spain. This is a legal requirement when Non-Residents sell property. To calculate this profit we need firstly to ascertain your original purchase price.

We do this by. I was resident in Spain. I I was resident in Spain. What is the time scale to reinvest the gain in a new property to avoid CGT? Hi David, The time scale for reinvestment is normally 2 years, this would have been declared in the Tax delcaration where you would have promised the amount to be reinvested. I have a question regarding Property Capital Gains Tax: Can a Non-Resident profit from a roll-over relief if the sale proceeds are re-invested in another property in another part of Spain?

Hello, No, unfortunately this is only for residents in Spain that sell their main property and where they have lived permanently at least 3 years. At this point I am undecided whether to sell or to rent. I would like to understand the tax position in the event that I decide to sell the property.

The total cost of purchase can include transmission tax, lawyer, notary and registration fees. Is this correct? An official licence was obtained for a minor reform and taxes paid. No structural work was conducted in the reform process.

I understand that there are no allowances that relate to any of the money spent on the reforms when calculating my CGT obligations. The reforms included new kitchen and appliances. Are there any other deductions allowable such as community fees, electricity, local council taxes, when calculating CGT?

Will there be another tax applied to the sale called Plus Valia and is this a tax that I will pay? If so how is it calculated? I understand that all selling fees and lawyers fees can be included in the final CGT tax computation.

Are there any other taxes and or items that I have omitted? Hello Tim, Will try to answer the best as possible below to your queries: 1. Yes, this is correct. The answer is correct there are no allowance for minor works carried out on the property, had it been an New Building and extension of the property with a new Title Deed then this would have been allowed.

No, unfortunately no. Selling feed such as the estate agents commission can be deducted. We believe you included everything in your list. A few queries from an old sea salt.

Will gladly reimburse if required for your time and expertise! I have been Non-Resident in Spain since mid I return to Spain during my field-breaks. Therefore, I am in the UK for approx days out of days. Am I still legally a Non-Resident with around days per year living in Spain? Since August , I have lived in Granada and intend to retire there in when I reach 66 years. When I retire, I believe it will be mandatory to take full residency as my presence in Spain will become permanent.

Please can you confirm? My property in Granada was purchased for circa , There is no outstanding mortgage Should I sell my house after 4 to 6 years after retiring and have taken full residency status, I believe I might be exempt from Capital Gains. Please can you clarify if my reasoning is correct or otherwise?

If any profit from the sale of the Granada property was transferred back to the UK, would I be subject to any UK foreign earnings taxes the money would probably be invested into a retirement apartment? We do not know if there will be change of laws when you intend to retire in , but according to todays situation you will have to become resident in Spain if you intend to live permanently in Spain.

According to todays tax situation if you are over the age of 65 years old, you are pensioner, have been resident in Spain for over three years and the property you are selling has been your main residence you willl be exempt of Capital Gains Tax.

Dear Sirs As non residents we built a house in spain on ground we already owned. Property sold end for ,Euros. All paperwork of no value to the purchaser, destroyed in Jan Our Gestoria argued that the property was sold with a house, and despite us no longer having the builders receipts the value of the build was approx E plus costs.

Agencia Tributaria has reassessed the CGT now due at about 41,euros and we are in the process of appealing. We have had to pay 5,thousand euros in April in order to defer payment and appeal and further payments of some 2,thousand euros per month for the next 12 months. The Agencia has made no ruling as yet, I gather it has 6mths to respond. This means shortly if we receive no ruling, we will have to appeal to a Tribunal to overrule the Agencia and have our payments returned.

I am very unwilling to continue to make payments as the amount demanded is patently incorrect. If the Tribunal does not overrule the Agencia, we will not receive any repayments either.

Please can you advise if this is legal that the agencia can invent this CGT due when we provided all the paperwork to the Notary at the time of registration of the property. This seems to be a false calculation we are being asked to pay.. Dear Jennifer, It is complicated to give you detailed information without seeing the documentation of the property.

In these cases it is vital that you have all documentation and paperwork in place and in order, without it is very difficult to claim anything at all from the Agencia Tributaria. Also the registration of the building should have been done before to avoid any possible issues. We assume you legal team is doing all that is possible with the tools and paperwork they have on the property. Sorry we can not really be of any further assistance. But this was all taken care of when property was sold, what she do?

Hello, Thanks for your message. We would need to see all paperwork, taxes paid, and letter of the Tax Authority to be able to asses in this matter. If you wish to send us all documentation on your case you can do so by emailing us at info abacoadvisers.

Dear Miriam. No one seems to be able to confirm. Is the gain on the , euros or euros? Many thanks in advance IAN. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc. We can not do this if you paid by cash and have no VAT receipt.

Hi, Our recommendation is to have your solicitor claim the to the buyer and their representative. Hi Anne, Yes unfortunately yes, you will have to pay property tax. Should you need assistance please contact our colleague Jessica at the following email jsp abacoadvisers. My husband and I bought an apartment in Spain in for , euros.

We want to sell it but it but we will sell it at lost. According to the market value it is worth , euros. We are non-residents. We have finished paying for the mortgage. We are over 65 years old. How much? Do we have to pay Income tax in the UK?

Even though we will not make any profits. Should you need any help in the process please contact us at info abacoadvisers. If you are residents you would pay Tax on your world wide income including the proeprties, there could also be Wealth Tax on top of income Tax. The rent for the properties has to be declared in the UK as well as in Spain, Tax paid on the rental income is deducted from the Tax to pay here under the double Taxation treaty.

Should you have any further queries please do not hesitate to contact us at info abacoadvisers. I am a non resident but have owned a small town house in a village since Would i have to pay any tax as it will be sold for a loss?

We currently have an offer on our home in Spain. I am 69 years old and my wife is We have been residents in Spain for the past 8 years and permanent residents for the past 1 year. Will my wife be liable for CGT on her half of any profit made? This is our only residence, we do not own any other property. Thank you so much. Hi, if we sell our spanish home privately without an estate agent, who pays the solicitors fees, the seller or the buyer.

Hi Janice, The buyer will pay for his solicitor and the seller for his own solicitor, if you have the same solicitor in the process if depends on the agreement you reach.

If you have any authority for your answer, that would be greatly appreciated. Hi Kirsten, Thank you for contactin us. For example, is you sell a property for Hi, I have Spanish recidencia and have had for 15 years, but am British. Am I correct that if you sell your property in Spain but then fully reinvest any profit in further more properties in Spain you do not pay the capital gains tax, because you will be paying the tax on the new property or properties?

Because I am paying the tax on 2 new property purchases, would I still have to pay the Capital gains on the profit from the original sale? I was told if profit is reinvested in to the Spanish property market within a 2 year period you do not pay the tax on profit? Hi Andy, It is correct that if you sell and reinvest any profit you will avoid the capital gains tax, but if you buy two properties you will have to pay capital gains tax as you can not have two different main residences.

Hi, we have been living in France for fifteen years, and the plan is to sell our home and enable early retirement by living in rented accomodation in Spain.

Trouble is, we have heard that we may be subject to capital gains tax by the Spanish authorities, even though it is our principle home? Hi Richard, Yes this would be the case, it is always advisable to sell the the year prior to coming to Spain to be a Resident. Will my wife and her brother be liable for any Taxes or Capital Gains Tax on the property before they become the legal owners of it?

If so what amounts are they When they become the legal owners of it , they both aim to sell it asap and she and I will return to the UK, what tax liabilities will there be when the Villa is sold Thank your help Geoff Cherry. Hi, First they will inherit, they will become owners and will pay Inheritance Tax.

The reduction in the Valencia Region is Please do not hesitate to contact us should you have any further queries. I bought land in Spain in with my Husband who died 6 years ago. We were both OAP s when we moved here and my husband was disabled.. We were both Spanish residents but have not paid tax or been asked to do as we only had some money from our British sale.

We have always paid British Tax. Cash price for the land was 40, euros. As I am now disabled and not able to keep the property would like to return to Britain before Britain is totally out of the EU.

We built up a small casita, pool and a summer house and kept bills to prove this. As I am 80 years old this year. Thank you for your help. Hello, We are sorry to hear about your situation. Should you request any assistance from us please call us at or email us at info abacoadvisers. Hi I have been sent this regarding being able to reduce the selling price of your property by taking away the balance of the mortgage when you sell. Hi, In order to be able to obtain relief when selling you residential home to purchase another you must have owned the property and living in the house for over three years as a Tax Resident and be reinvesting the full amount in the new property.

If you do not reinvest the full amount then you can only dedduct a percentage. I have received a gift from my parents of a property in Spain. All taxes are paid there. However, is there anything I would need to declare being a resident myself in the UK? Hi Alejandro, No, you will not need to declare it being a resident in the UK.

You will just need to pay your yearly property taxes as non-resident in Spain for the property you have received. Where can i get a copy. Hi Nadine, You may check at the notary you signed the sale or with the buyers. Hi Roy, In the case the Tax has to be declared here on the H but also under the Double Taxation treaty in their own country deducting any Tax paid here from the Tax to pay there. You will have to declare the sale in the UK and the Tax paid here is deducted from the liability you may have in the UK under the double Taxation treaty.

Hi Oscar, I am considering becoming a Spanish resident before the end of the year. I own a small apartment in the UK which I will keep to use when I travel back to visit. Can you tell me if I will have to declare it and pay any taxes on it each year?

889,000
* €/m2
284 m2 | 5 bedrooms | 7 bathrooms | Furnished | Parking place | Swimming-pool | Gardens
Very useful tips for non residents selling property in Spain, covering and due to you being a Non Resident, the buyer of your property will be. Reach buyers in the UK, Spain, Holland, Russia, Sweden, Norway and more. Thinking about selling your house in Spain? Fine. not sure if this is the right time to sell, you might consider renting out your property instead.

Are there any other deductions allowable such as community fees, electricity, local council taxes, when calculating CGT? Will there be another tax applied to the sale called Plus Valia and is this a tax that I will pay? If so how is it calculated?

I understand that all selling fees and lawyers fees can be included in the final CGT tax computation. Are there any other taxes and or items that I have omitted?

Hello Tim, Will try to answer the best as possible below to your queries: 1. Yes, this is correct. The answer is correct there are no allowance for minor works carried out on the property, had it been an New Building and extension of the property with a new Title Deed then this would have been allowed. No, unfortunately no. Selling feed such as the estate agents commission can be deducted. We believe you included everything in your list. A few queries from an old sea salt.

Will gladly reimburse if required for your time and expertise! I have been Non-Resident in Spain since mid I return to Spain during my field-breaks. Therefore, I am in the UK for approx days out of days. Am I still legally a Non-Resident with around days per year living in Spain?

Since August , I have lived in Granada and intend to retire there in when I reach 66 years. When I retire, I believe it will be mandatory to take full residency as my presence in Spain will become permanent.

Please can you confirm? My property in Granada was purchased for circa , There is no outstanding mortgage Should I sell my house after 4 to 6 years after retiring and have taken full residency status, I believe I might be exempt from Capital Gains. Please can you clarify if my reasoning is correct or otherwise? If any profit from the sale of the Granada property was transferred back to the UK, would I be subject to any UK foreign earnings taxes the money would probably be invested into a retirement apartment?

We do not know if there will be change of laws when you intend to retire in , but according to todays situation you will have to become resident in Spain if you intend to live permanently in Spain. According to todays tax situation if you are over the age of 65 years old, you are pensioner, have been resident in Spain for over three years and the property you are selling has been your main residence you willl be exempt of Capital Gains Tax.

Dear Sirs As non residents we built a house in spain on ground we already owned. Property sold end for ,Euros. All paperwork of no value to the purchaser, destroyed in Jan Our Gestoria argued that the property was sold with a house, and despite us no longer having the builders receipts the value of the build was approx E plus costs.

Agencia Tributaria has reassessed the CGT now due at about 41,euros and we are in the process of appealing. We have had to pay 5,thousand euros in April in order to defer payment and appeal and further payments of some 2,thousand euros per month for the next 12 months. The Agencia has made no ruling as yet, I gather it has 6mths to respond. This means shortly if we receive no ruling, we will have to appeal to a Tribunal to overrule the Agencia and have our payments returned.

I am very unwilling to continue to make payments as the amount demanded is patently incorrect. If the Tribunal does not overrule the Agencia, we will not receive any repayments either. Please can you advise if this is legal that the agencia can invent this CGT due when we provided all the paperwork to the Notary at the time of registration of the property.

This seems to be a false calculation we are being asked to pay.. Dear Jennifer, It is complicated to give you detailed information without seeing the documentation of the property.

In these cases it is vital that you have all documentation and paperwork in place and in order, without it is very difficult to claim anything at all from the Agencia Tributaria. Also the registration of the building should have been done before to avoid any possible issues. We assume you legal team is doing all that is possible with the tools and paperwork they have on the property. Sorry we can not really be of any further assistance. But this was all taken care of when property was sold, what she do?

Hello, Thanks for your message. We would need to see all paperwork, taxes paid, and letter of the Tax Authority to be able to asses in this matter. If you wish to send us all documentation on your case you can do so by emailing us at info abacoadvisers. Dear Miriam. No one seems to be able to confirm. Is the gain on the , euros or euros? Many thanks in advance IAN. We then take your current selling price and deduct from it the costs incurred in the sale legal fees etc. We can not do this if you paid by cash and have no VAT receipt.

Hi, Our recommendation is to have your solicitor claim the to the buyer and their representative. Hi Anne, Yes unfortunately yes, you will have to pay property tax. Should you need assistance please contact our colleague Jessica at the following email jsp abacoadvisers.

My husband and I bought an apartment in Spain in for , euros. We want to sell it but it but we will sell it at lost. According to the market value it is worth , euros. We are non-residents. We have finished paying for the mortgage. We are over 65 years old. How much?

Do we have to pay Income tax in the UK? Even though we will not make any profits. Should you need any help in the process please contact us at info abacoadvisers. If you are residents you would pay Tax on your world wide income including the proeprties, there could also be Wealth Tax on top of income Tax.

The rent for the properties has to be declared in the UK as well as in Spain, Tax paid on the rental income is deducted from the Tax to pay here under the double Taxation treaty.

Should you have any further queries please do not hesitate to contact us at info abacoadvisers. I am a non resident but have owned a small town house in a village since Would i have to pay any tax as it will be sold for a loss? We currently have an offer on our home in Spain. I am 69 years old and my wife is We have been residents in Spain for the past 8 years and permanent residents for the past 1 year.

Will my wife be liable for CGT on her half of any profit made? This is our only residence, we do not own any other property. Thank you so much. Hi, if we sell our spanish home privately without an estate agent, who pays the solicitors fees, the seller or the buyer.

Hi Janice, The buyer will pay for his solicitor and the seller for his own solicitor, if you have the same solicitor in the process if depends on the agreement you reach.

If you have any authority for your answer, that would be greatly appreciated. Hi Kirsten, Thank you for contactin us. For example, is you sell a property for Hi, I have Spanish recidencia and have had for 15 years, but am British. Am I correct that if you sell your property in Spain but then fully reinvest any profit in further more properties in Spain you do not pay the capital gains tax, because you will be paying the tax on the new property or properties?

Because I am paying the tax on 2 new property purchases, would I still have to pay the Capital gains on the profit from the original sale? I was told if profit is reinvested in to the Spanish property market within a 2 year period you do not pay the tax on profit? Hi Andy, It is correct that if you sell and reinvest any profit you will avoid the capital gains tax, but if you buy two properties you will have to pay capital gains tax as you can not have two different main residences.

Hi, we have been living in France for fifteen years, and the plan is to sell our home and enable early retirement by living in rented accomodation in Spain. Trouble is, we have heard that we may be subject to capital gains tax by the Spanish authorities, even though it is our principle home?

Hi Richard, Yes this would be the case, it is always advisable to sell the the year prior to coming to Spain to be a Resident. Will my wife and her brother be liable for any Taxes or Capital Gains Tax on the property before they become the legal owners of it? If so what amounts are they When they become the legal owners of it , they both aim to sell it asap and she and I will return to the UK, what tax liabilities will there be when the Villa is sold Thank your help Geoff Cherry.

Hi, First they will inherit, they will become owners and will pay Inheritance Tax. The reduction in the Valencia Region is Please do not hesitate to contact us should you have any further queries. I bought land in Spain in with my Husband who died 6 years ago. We were both OAP s when we moved here and my husband was disabled.. We were both Spanish residents but have not paid tax or been asked to do as we only had some money from our British sale.

We have always paid British Tax. Cash price for the land was 40, euros. As I am now disabled and not able to keep the property would like to return to Britain before Britain is totally out of the EU. We built up a small casita, pool and a summer house and kept bills to prove this. As I am 80 years old this year. Thank you for your help.

Hello, We are sorry to hear about your situation. Should you request any assistance from us please call us at or email us at info abacoadvisers. Hi I have been sent this regarding being able to reduce the selling price of your property by taking away the balance of the mortgage when you sell.

Hi, In order to be able to obtain relief when selling you residential home to purchase another you must have owned the property and living in the house for over three years as a Tax Resident and be reinvesting the full amount in the new property. If you do not reinvest the full amount then you can only dedduct a percentage.

I have received a gift from my parents of a property in Spain. All taxes are paid there. However, is there anything I would need to declare being a resident myself in the UK? Hi Alejandro, No, you will not need to declare it being a resident in the UK. You will just need to pay your yearly property taxes as non-resident in Spain for the property you have received. Where can i get a copy. Hi Nadine, You may check at the notary you signed the sale or with the buyers.

Hi Roy, In the case the Tax has to be declared here on the H but also under the Double Taxation treaty in their own country deducting any Tax paid here from the Tax to pay there. You will have to declare the sale in the UK and the Tax paid here is deducted from the liability you may have in the UK under the double Taxation treaty. Hi Oscar, I am considering becoming a Spanish resident before the end of the year.

I own a small apartment in the UK which I will keep to use when I travel back to visit. Can you tell me if I will have to declare it and pay any taxes on it each year? I am a non-resident property owner,in Spain,i am Hi Joe, If you sell your property as a non-resident in Spain and you make a profit on the sale, yes you will have to pay Capital Gains Tax.

Toggle navigation. Table of Contents. See all It might be of your interest Calculating capital gains tax in Spain when selling your property Proposals for capital gains tax in the UK Changes to Spanish capital gains tax. Leave a comment. Submit comment. Michael Dawson 1 May, am. Suzanne O'Connell 2 May, pm. Bernard Wasape 5 May, am. Suzanne O'Connell 8 May, pm.

Hi Bernard Hi Bernard Capital Gains is based on the purchase value plus official costs less the sale prices less costs and you are taxed on the difference. David Larby 6 November, am. Suzanne O'Connell 13 November, am. Joanna Thomas 20 November, am. Many thanks. Suzanne O'Connell 2 December, pm. Dear Joanna Dear Joanna This is quite a complex case and each case such as this must be studied to see if modifications and builders' receipts are acceptable or not.

Martin Osmond 30 December, am. Suzanne O'Connell 1 January, pm. Dear Martin Dear Martin There is no allowance for capital gains tax. Annmarie Newton 30 December, pm. Suzanne O'Connell 5 January, am. Hi Annmarie Hi Annmarie You pay tax on the capital gains made from the difference between the sale price and the purchase price. Dave murphy 17 January, pm.

Suzanne O'Connell 28 January, pm. Hi Dave Hi Dave The costs for the solicitors, agents' fees etc. Harriet Smith 20 January, pm. Suzanne O'Connell 13 February, am. Hi Steve Hi Steve The tax is based on the purchase price plus costs then the sale price less costs and you pay tax on the difference.

Suzanne O'Connell 4 March, pm. Hi Steve Hi Steve Unfortunately, the capital gains is calculated from the date of purchase of the property to the sale. Jacqueline Ramscar 6 February, pm. Hi Jacqueline Hi Jacqueline If you are a tax resident for more than three years and over 65 and you sell your house when you are still a resident then there is no capital gains tax to pay. Mr vincent rochester 7 February, pm. Suzanne O'Connell 12 February, am.

Adrian Barry 15 February, pm. Suzanne O'Connell 22 February, pm. Dear Adrian Dear Adrian If you sell and move to Spain in the same tax year and are here for days then you have to pay capital gains tax here. Viv 18 February, am. Suzanne O'Connell 18 February, pm.

Gans 18 March, pm. Suzanne O'Connell 22 March, pm. Hi Gans Hi Gans Yes, you will have to pay capital gains tax here. John Andrews 25 March, pm.

Suzanne O'Connell 31 March, pm. The property has to be The property has to be declared and if there is no capital gain then there is no tax to pay. David Franklin 28 April, am. Suzanne O'Connell 30 April, am. Chris 4 May, pm. Resident in Spain, with Resident in Spain, with property here.

Property in UK that one day I may wish to sell. Suzanne O'Connell 10 May, pm. Hi Chris Hi Chris No. Suzanne O'Connell 20 May, pm. Hi Carl Hi Carl As a file has been opened the time line of four years is extended. Lynn Elkington 20 May, am. Suzanne O'Connell 24 May, pm.

Suzanne O'Connell 1 June, pm. Hilly P 2 June, pm. Suzanne O'Connell 11 June, pm. Hilly P 9 June, am. Suzanne O'Connell 14 June, pm. Hi Hilly Hi Hilly It would have to be at least one full tax year.

Susan Bramley 20 June, am. Suzanne O'Connell 24 June, am. Hi Susan Hi Susan I'm afraid capital gains tax is still payable.

Susan Bramley 21 June, am. David Pryor 15 July, pm. Suzanne O'Connell 18 July, pm. Jay 15 July, pm. Suzanne O'Connell 24 July, am. Gillian Breakwell 22 July, pm. Suzanne O'Connell 25 July, pm. DM 28 July, pm. Hi there Hi there 3. CGT questions for you: 1. Many thanks — congrats on website and forum — very useful and insightful. Suzanne O'Connell 3 August, pm. Hi Hi To answer your questions: 1. No, the paying off of the mortgage will not influence the CGT 2.

David Barton 31 July, am. Hi David Hi David No. There will also be Plus Valia to pay. Ian walker 2 August, pm. Suzanne O'Connell 7 August, pm. Hi Ian Hi Ian The only way to avoid capital gains tax is to sell the property in one year and not come to Spain until the following year. Colin 5 August, pm. Suzanne O'Connell 8 August, pm. David 11 August, am. Do I have to complete within that time, or can I place a deposit on a new property?

Oscar Paoli 11 November, pm. Mrs Glenda Pennell 3 October, pm. Oscar Paoli 7 October, am. No, in this case you will not need to do so. Neary Rama 10 October, am. Oscar Paoli 10 October, am. Tim Solway 14 October, pm. Earlier this year I purchased a one bedroom flat. Lots of questions. Our Spanishestate. Facebook , is also a great alternative for advertising your property. Imagine the networking impact of sharing your property with friends and each of these friends to their own network of friends.

The current Spanish government has declared a state of emergency till April 15th. Spain is currently locked down and all real estate viewing are forbidden since Spanish citizens are to stay at home. In Spain, you are not bound to advertise your property through one agent. You can advertise and sell your property as an owner if you are confident to do so.

If you use an estate agent to market your property, ask them in which portals your home will appear. Agents prefer to have your property exclusively advertised through them, since then they are assured they will get their commission.

Agent fees vary on the area. Agents in Marbella, for example, might charge higher fees than inland agents. Do not be alarmed by these high commission fees. If you have a trusted agent you will receive a proper invoice for the commission fee with their tax number CIF or NIF on it, which you can use to deduct it from your capitals gains tax.

In on-line estates agencies have also made their way through in Spain, just like Purplebricks and Doorsteps. Online agents promise to sell your property in record time and normally charge a fixed fee, generally under 1, euros.

Although at the moment most of these agents are most active in the biggest cities Spain, it might be a good alternative for selling your property if you do not want to use a regular estate agent.

In our Proptech Map of Spain , we have identified more than 35 on-line agents in Spain.

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Statistics and prices of properties with pool in Spain

Prices are going up in this area.

Average price in this area: 1,491 €/m2

The cheapest property in this area: Rent to own detached house in Alcobendas, 0

The most expensive property in this area: Hotel for sale in Nueva Andalucía, Marbella, 65,000,000 €

Cheapest areas: Aragon, Castile and Leon, Estremadura

Most expensive areas: Melilla, Balearic Islands, Andalusia

Prices are going down in the areas: Madrid, Andalusia, Canary Islands.

More statistics and trends...