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Capital Gains Tax

Posted: Sun Jun 5, 2022 11:38am
12 replies669 views5 members subscribed
Henry11

Posts: 16

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Location: Mojacar

Joined: 2 Jun 2022

Whilst I know I’m going to have to get professional advice, can anyone tell me if my lengthy research is on the right track.

If we decide to sell in the U.K. and move over I’m aware Spain may have a CGT claim on my money in certain circs , here we go...!

Sell and apply for NLV after sale, then move to Spain leaving money in a U.K. bank account, then I avoid a claim of CGT as long as I haven’t been a Spanish tax resident for over 186 days in the tax year.

Any other combination of the above may lead to CGT, but can be avoided if I invest in the country within 2 years? 

I’m sure there are many on here who have/are going through the same process, and would appreciate some guidance.

Thanks in anticipation!

DarioMartin

Posted: Sun Jun 5, 2022 10:49pm

DarioMartin

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Posted: Sun Jun 5, 2022 10:49pm

Leaving money in UK bank account makes no difference as you are taxed on (and obliged to declare) worldwide income.

Selling in the same tax year as you get your NLV will see you liable to CGT on the property sold.  Tax year in Spain runs January to December.

Henry11

Posted: Sun Jun 5, 2022 11:01pm

Henry11

Original Poster

Posts: 16

10 helpful points

Location: Mojacar

Joined: 2 Jun 2022

Posted: Sun Jun 5, 2022 11:01pm

DarioMartin wrote on Sun Jun 5, 2022 10:49pm:

Leaving money in UK bank account makes no difference as you are taxed on (and obliged to declare) worldwide income.

Selling in the same tax year as you get your NLV will see you liable to CGT on the property sold.  Tax year in Spain runs January to December.

I get that it makes no difference where my money is, but can’t see how they can take CGT from the sale of my U.K. home if I’ve not been a Spanish resident for under 6 months within the tax year?

I thank you for your reply, and can’t say you are wrong as I don’t know, but will obviously seek professional advice. 

DarioMartin

Posted: Mon Jun 6, 2022 6:29am

DarioMartin

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Posted: Mon Jun 6, 2022 6:29am

Henry11 wrote on Sun Jun 5, 2022 11:01pm:

I get that it makes no difference where my money is, but can’t see how they can take CGT from the sale of my U.K. home if I’ve not been a Spanish resident for under 6 months within the tax year?

I thank you for your reply, and can’t say you are wrong as I don’t know, but will obviously seek professional advice. ...

...

Definitely the best thing to do; Spanish tax is an absolute minefield and you definitely need proper advice. 

MaggieB

Posted: Mon Jun 6, 2022 10:07am

MaggieB

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Posted: Mon Jun 6, 2022 10:07am

Sell before tax resident ie spend less than 183 days in a tax year.   So sell and then  arrive in Spain for instance in August and will then be okay.  Check with a gestor or solicitor who will confirm everything.

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Henry11

Posted: Mon Jun 6, 2022 10:16am

Henry11

Original Poster

Posts: 16

10 helpful points

Location: Mojacar

Joined: 2 Jun 2022

Posted: Mon Jun 6, 2022 10:16am

MaggieB wrote on Mon Jun 6, 2022 10:07am:

Sell before tax resident ie spend less than 183 days in a tax year.   So sell and then  arrive in Spain for instance in August and will then be okay.  Check with a gestor or solicitor who will confirm everything.

Thank you Maggie, that’s what I had thought. My timing could be perfect this year, more through luck than judgement!

jtp890

Posted: Mon Jun 6, 2022 6:52pm

jtp890

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Posted: Mon Jun 6, 2022 6:52pm

Any interest on UK bank account or dividends would be taxable as income in spain but clear of CGT

James

Henry11

Posted: Mon Jun 6, 2022 9:45pm

Henry11

Original Poster

Posts: 16

10 helpful points

Location: Mojacar

Joined: 2 Jun 2022

Posted: Mon Jun 6, 2022 9:45pm

jtp890 wrote on Mon Jun 6, 2022 6:52pm:

Any interest on UK bank account or dividends would be taxable as income in spain but clear of CGT

James

Thanks James, as I thought. I’m not trying to avoid what I owe, but am not prepared to give another country thousands of pounds in CGT where I’ve never lived, where I’d be exempt in the U.K. where I’ve lived and paid tax all my life. Also makes a difference to the property I would/could buy.

Every day is a school day. Thank you brexit for making a previously easy experience a head scratching pain in the rump!

MaggieB

Posted: Mon Jun 6, 2022 10:20pm

MaggieB

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Joined: 10 May 2020

Posted: Mon Jun 6, 2022 10:20pm

Henry11 wrote on Mon Jun 6, 2022 10:16am:

Thank you Maggie, that’s what I had thought. My timing could be perfect this year, more through luck than judgement!

Yes, ours was a stroke of luck.  Sold before we came out in August 2020.  Classed as non resident until end of the year therefore no C G T to pay.  Tax resident from Jan 2021 onwards.  Tax return plus declaration of assets completed in 2022 for 2021 tax year.

jtp890

Posted: Tue Jun 7, 2022 8:39am

jtp890

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Posted: Tue Jun 7, 2022 8:39am

Don't think brexit has changed taxation plsition

James

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