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capital gain tax - Page 3

Andy999

Posted: Sat Apr 24, 2021 11:13pm

Posts: 150

43 helpful points

Joined: 30 Sep 2018

Posted: Sat Apr 24, 2021 11:13pm

Sorry , I don’t think you know what I am talking about . 

John99andrew

Posted: Sat Apr 24, 2021 11:23pm

John99andrew

Helpful member

Posts: 784

451 helpful points

Location: Mojacar

Joined: 29 Nov 2017

Posted: Sat Apr 24, 2021 11:23pm

Andy999 wrote on Sat Apr 24, 2021 10:59pm:

We will be coming to spain on a non lucrative visa in October . By which time I will have sold my house the day before we travel to spain. I thought you only become a tax resident in spain after the 180 days ? Therefore , surely , I wouldn’t have to pay tax on my, already sold property in the u...

...k ? 

If you sell you main house in the uk you don't pay capital gain tax in the uk, 

We sold our house in the uk October 2017 and moved to Spain and went for our residentia in January avoiding paying capital gain tax because we did not get residentia until 2018 

You would be better waiting until January before applying for your visa and then you would not be making yourself resident in the same year, when you start to pay tax in Spain you would be paying it at the end of your first year

Andy999

Posted: Sun Apr 25, 2021 8:58am

Posts: 150

43 helpful points

Joined: 30 Sep 2018

Posted: Sun Apr 25, 2021 8:58am

But I wouldn’t have spent over 180 days in spain , in this year (2021) so I was not tax fiscal in spain for 2021 ? If it was say February I moved to spain 2021 , I could understand it as the majority of the year I would be living in spain 2021!

Isn’t that how it works ? 

I have a video call booked with my solicitor who also deals in fiscal law 

John99andrew

Posted: Sun Apr 25, 2021 9:33am

John99andrew

Helpful member

Posts: 784

451 helpful points

Location: Mojacar

Joined: 29 Nov 2017

Posted: Sun Apr 25, 2021 9:33am

Andy999 wrote on Sun Apr 25, 2021 8:58am:

But I wouldn’t have spent over 180 days in spain , in this year (2021) so I was not tax fiscal in spain for 2021 ? If it was say February I moved to spain 2021 , I could understand it as the majority of the year I would be living in spain 2021!

Isn’t that how it works ? 

I have a video call booked with my solicitor who also deals in fiscal law 

I think you would be better speaking direct to carmen in Mojacar tax advisor

MaggieB

Posted: Sun Apr 25, 2021 12:24pm

MaggieB

Helpful member

Posts: 308

215 helpful points

Joined: 10 May 2020

Posted: Sun Apr 25, 2021 12:24pm

John99andrew wrote on Sun Apr 25, 2021 9:33am:

I think you would be better speaking direct to carmen in Mojacar tax advisor

We sold our house August 2020.  No cgt required on sale as need to be in spain for half a year before becoming liable for tax.  Ie if we had sold in April 2020 we would have been liable for cgt as would be classed as fiscally resident.  Carmen who was recommended earlier is very good.  Sorted out our residentia.  Can recommend highly.

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Andy999

Posted: Sun Apr 25, 2021 1:31pm

Posts: 150

43 helpful points

Joined: 30 Sep 2018

Posted: Sun Apr 25, 2021 1:31pm

MaggieB wrote on Sun Apr 25, 2021 12:24pm:

We sold our house August 2020.  No cgt required on sale as need to be in spain for half a year before becoming liable for tax.  Ie if we had sold in April 2020 we would have been liable for cgt as would be classed as fiscally resident.  Carmen who was recommended earlier is very go...

...od.  Sorted out our residentia.  Can recommend highly.

Thanks Maggie . This was my understanding , although finding a definitive answer anywhere is difficult !  

John99andrew

Posted: Sun Apr 25, 2021 7:52pm

John99andrew

Helpful member

Posts: 784

451 helpful points

Location: Mojacar

Joined: 29 Nov 2017

Posted: Sun Apr 25, 2021 7:52pm

Andy999 wrote on Sun Apr 25, 2021 1:31pm:

Thanks Maggie . This was my understanding , although finding a definitive answer anywhere is difficult !  

Instead of listening to people views on the subject just spend some money by asking a financial tax expert because asking different people claiming to be experts and taking advise which may be wrong and falling foul of the law could be a big mistake, 

After you have lived here you will find people re invent them self and claim to be financial experts plumbers electrition builders etc,

One of our friends bought a house about 7 years ago decided to sell it and buy another when they sold the first one, found out they had a shed full of tax to pay because someone so called expert told them they did not have to pay any tax, they finished up having to pay 7 years off back tax

Susan1960

Posted: Sun Jul 11, 2021 9:38am

Posts: 12

4 helpful points

Location: Albox

Joined: 28 Jun 2020

Posted: Sun Jul 11, 2021 9:38am

Crancrank wrote on Mon Jan 25, 2021 6:54pm:

In my experience, if he is currently in the UK as a UK resident and sells before he leaves the UK tax system there is nothing to pay.

No as soon as he becomes spanish resident he will be liable for spainish tax. In june they do tax returns for previous year.

Susan1960

Posted: Sun Jul 11, 2021 9:44am

Posts: 12

4 helpful points

Location: Albox

Joined: 28 Jun 2020

Posted: Sun Jul 11, 2021 9:44am

Andy999 wrote on Sat Apr 24, 2021 8:14pm:

Sorry . Is it me being stupid . So what is being said is , if you sell your uk house in October for example , whilst living on the uk . Then move straight to Spain . You have to pay capital gains tax to spain . You wouldn’t be fiscal tax payer in spain , surely not straight away ? 

We just been to tax advisor and as we sold after january we will be liable for capital gains next year. Even though it was our main home and we sold before becoming spanish tax residents. BUT if your both over 65 lived in house 3 years as main home no capital gains one over 65 then only half the capital gains due.

brian8182

Posted: Mon Jul 12, 2021 11:27am

Posts: 30

4 helpful points

Location: Arboleas

Joined: 28 Jun 2020

Posted: Mon Jul 12, 2021 11:27am

Andy999 wrote on Sat Apr 24, 2021 10:59pm:

We will be coming to spain on a non lucrative visa in October . By which time I will have sold my house the day before we travel to spain. I thought you only become a tax resident in spain after the 180 days ? Therefore , surely , I wouldn’t have to pay tax on my, already sold property in the u...

...k ? 

My understanding is that you will have nothing to pay as you do not become liable for tax until the following year 

We came over after selling last year and not liable for tax until this year 

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