Moving to Almeria

Carol61 wrote on Tue Aug 3, 2021 10:58am:

Hi my partner and I have reached 60 this year and want to retire to Spain.  I'm finding the whole thing really confusing but there's a couple of things I really need answers to.  We have enough funds for the NLV and for the first year in Spain but we will be selling our house to buy a p...

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...roperty in Spain which we obviously won't sell until we have got the Visa.  My confusion is this.  When we get the Visa we then have to travel to Spain to get the NIE within 30 days in this correct?  Do we then have a year to sell our house in England and buy a house in Spain?  I have also been informed that once I get the NIE I have to pay tax and we would have to pay Capital Gains Tax to Spain for the sale of our home in England?  I hope someone can help me with this.  Regards Carol

ReT

DarioMartin wrote on Mon Aug 9, 2021 8:57pm:

Once you receive your NLV, you have 90 days in which to travel to Spain, on arrival, you will have 30 days to apply for your TIE.

Once you are resident, i.e. have arrived and taken up your NLV, you become liable to pay Spanish tax on worldwide income.  This includes Capital Gains Tax on a house sold in the UK - IF it is sold in the Spanish tax year that you become resident....

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The Spanish tax year runs Jan to Dec.  as I understand it, if you get your NLV in say, November, and sell your house then, arriving in Spain early January, a new tax year has started and you are therefore not liable for CGT on your house…. I BELIEVE this is correct and I look for guidance for those far better versed in the intricacies if Spanish tax than I 

I AM however certain that once NLV granted you have 90 days to take it up, not 30

Vera wrote on Mon Aug 9, 2021 9:17pm:

What if you have already sold your house before applying for anything?? E.g. sold uk house&living with family whilst viewing areas/properties

DarioMartin wrote on Mon Aug 9, 2021 9:28pm:

I stand to correction, but it really depends on whether you sell your house in the same tax year that you become resident - I THINK, and I really really hope someone with some concrete knowledge weighs in here because I am going on what I BELIEVE I have read of other peoples experiences - I have ...

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...no direct experience myself

DarioMartin wrote on Mon Aug 9, 2021 9:28pm:

I stand to correction, but it really depends on whether you sell your house in the same tax year that you become resident - I THINK, and I really really hope someone with some concrete knowledge weighs in here because I am going on what I BELIEVE I have read of other peoples experiences - I have ...

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...no direct experience myself

Vera wrote on Mon Aug 9, 2021 9:45pm:

Hi thank you for your assistance. It seems a bit confusing as if you sell a hoise in uk&put money in bank whilst looking for a property in spain then the miney in bank.would be classed as savings as you could be looking for a property in spain for  a while so i cant see how you would hav...

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...e to pay CGT.  All very confusing&something i need to loik into

Carol61 wrote on Mon Aug 9, 2021 9:41pm:

Thank you for your help so far.  I think I've got it.  Once I get my TIE I have a years visa.  So if I get my TIE by say November/ December of this year I can then sell my house back in England any time next year which, for us, would be by March/April.

Thanks

DarioMartin wrote on Mon Aug 9, 2021 10:43pm:

It’s because Spanish view house sale overseas as Capital Gains, not savings.

They are ruthless in pursuing tax here as well. Be warned.