Selling in Spain ~ Help!
Posted: 03 September 2007 03:28 PM  
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Unfortunately we have to sell… can anyone give me an idea what taxes I’m likely to pay on the sale please.  Still waiting to hear from our solicitors, so anything from those who may have experienced this would be useful.  Thanks.

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Posted: 03 September 2007 09:03 PM   [ # 1 ]  
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The term is, I believe, “capital gains tax.” You might want to pop that into the search bar at the top right and see what others have said.

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Posted: 09 September 2007 02:05 PM   [ # 2 ]  
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Capital Gains Tax is 18% for residents and non residents. The tax is applied to the difference between escritura values from when you bought to when you sell.
If you are non resident the buyer or agent will withold 3% of the sale value to hand over to the hacienda and the refund will be done when you do a tax return.
Of course if you are over 65 and have owned the property for more than 3 years CGT is not applicable.

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Posted: 09 September 2007 03:12 PM   [ # 3 ]  
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casnkenny I have recently explored this area and spoken to lots of Spanish contacts as well as having received good input here.  Sadly the whole area is covered in confusion and variant information even from hacienda offices.

Certainly Capitol Gains Tax is 18% but there seems numerous ways to reduce it.  Age, length of time in property, cost of modifications, your tax situation in Spain, etc.

A cuirrent story: Despite my Spanish mother-in-law being 76 years old, having been resident in her flat since 1976 she is being told by the local hacienda that she will be charged CGT although if she completes the right forms possibly at a lower rate.  However there is information widely available which states if she is over 65 or has been resident in her only abode prior to 1986 she should be exempt.

On any modifications, if you have made any, it appears this area is another minefield of conflicting information.  Of course if you have receipts I would centainly throw them at the authorities.  However in Asturias I was told that you should pre-negotiate such reforms in advance with the ayuntamiento.

The final problem would be the calculation of profit. It appears to be a simple subtraction of cost from sale.  Hopefully you did not trade ‘black economy’ when buying and thus the purchase price appears reduced.  Hopefully you can sell ‘black economy’ and then you will officially have a lower salling price.

Also you may be subject to a tax from the local ayuntamiento based on land value (a sort of rateable value not related to the selling or buying price).  I forget what it is called, I was told it is generally not very much.  You never know it might be a regional thing but worth checking.

Whatever I would suggest you take nothing at face value and knock on all doors until you get the best deal.  The very best of luck and please don’t forget to come back and tell us how you get on.

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Posted: 09 September 2007 03:20 PM   [ # 4 ]  
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Sorry forgot to mention that last week I was informed that I could roll the CGTax liability forward to my next property if I upvalued.  I guess not a lot of use casnkenny to you but it might interest others

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Posted: 10 September 2007 02:38 AM   [ # 5 ]  
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We have just done this roll over and there are certain rules.
You must have owned the property you sold as resident for over 3 years.
You must reinvest the the money in another property value.
Remember all this is on escritura values not actual purchase or sale prices.
You can deduct costs to reduce the CGT if you buy a property of lower value, these costs include all purchase costs and any facturas you have for work done or materials purchased.

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