Tax residency

tax year in Spain is from the 1st Jan to 31 Dec if you spend 183 days in Spain in that period then you are a tax resident if you spend time in that period in the UK you could still be a tax resident there as tax is for the year gone not coming.  you need the advice of an expert if you are wanting to avoid tax on selling a property.

If you are both over 65 and your U.K. property is your primary residence then you are not liable for CGT in Spain. Get full advice from an Asesor (which is where I got this information).

I think you will find you  will have to pay capital gain tax in Spain if you sell your house, after you have made yourself residents, I was told this by Brevin Frank financial consultants you will find there number in the euro weekly they have a colum in the paper every week( best to speek with them first)

We are in a similar situation and our understanding is that you will have to pay Spanish tax on the sale property if you sell it during the same tax year that you obtain Spanish residency. In other words, you will be taxed even if you sell the property before you become Spanish residents.

We also believe that the Spanish tax that applies is not Capital Gains but is Income, so the entire sale amount will be taxed. This makes it a very bad option but we do need this to be confirmed.

hi,

found this on Gov UK website.  I think you can be resident in both countries, and the UK - Spain double taxation agreement is not affected by brexit,  however, you need to meet the criteria as set out in guidance below.

https://www.gov.uk/government/publications/dual-residents-hs302-self-assessment-helpsheet/hs302-dual-residents-2019

julie

Edit - meant to clarify 'and remain a uk tax resident'   

the 183 day rule springs to mind... 

You can only be resident in one country, you have to make your mind up Spain or Uk

Which ever you choose is the place where you will pay your taxes

to true 

UK or Spain for tax , even more so from 1.01.21 and you can be assured that the Spanish Authorities will devise a new system so as everyone living full time in Spain will have to provide NIE, resedencia numbers Tax return details and if self employed including people that rent out second properties for an income will have to give their Atonamo numbers, Accountant details and all payments which is about 250 euros a month ,  again showing all tax paid through your accountant

should be interesting who pays or dosnt  pay these governing bodies as any avoidance will be heavily fined if not adhered to 

sorry that would be 350.00 euros per month  not 250.00 euros

If i applied for residency say in November but i didnt physically get it for 2 to 3 months due to covid. When does your residency actually start from

Thanks

Sue & Neil