British Expats - 3% retention tax- House sale

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Dondurma

May 4th 2018 11:41 am

3% retention tax- House sale

To avoid having to forego the 3% retention tax when selling your property I believe the seller must be tax resident.

My quetion is -do you also have to have residencia- or is tax resident ( and up go date with all taxes/ returns) sufficient

Loafing Along

May 4th 2018 12:01 pm

Re: 3% retention tax- House sale

Quote:

Originally Posted by Dondurma (Post 12494320)

it is really the latter - you will need a certificate from Hacienda confirming you are tax resident and your tax payments are up to date. The Notario will need to reflect this in the Escritura

missile

May 4th 2018 1:20 pm

Re: 3% retention tax- House sale

Seems like a lot of hassle.

If you don't make a profit the 3% retention can be reclaimed.

Dondurma

May 4th 2018 1:35 pm

Re: 3% retention tax- House sale

Cheers folks

I understand it can be reclaimed but that takes around 12 months!!!!

missile

May 4th 2018 3:16 pm

Re: 3% retention tax- House sale

Quote:

Originally Posted by Dondurma (Post 12494410)

Cheers folks

I understand it can be reclaimed but that takes around 12 months!!!!

Don't know who told you that? I believe it normally takes 3-6 months.

Dondurma

May 4th 2018 3:31 pm

Re: 3% retention tax- House sale

Not in Valencia region!!

6-12 months

spainrico

May 4th 2018 3:31 pm

Re: 3% retention tax- House sale

'My quetion is -do you also have to have residencia- or is tax resident ( and up godate with all taxes/ returns) sufficient'

How can you be one without the other?

Dondurma

May 4th 2018 3:43 pm

Re: 3% retention tax- House sale

Easily

If your'e in Spain in excess of 183 days in a year you are tax resident.

Residencia however is required after 90 CONSECUTIVE days ( leave on day 89 and for residencia the clock restarts, but for tax residency its cumulative)

Hence you can be tax resident but not require residencia

spainrico

May 4th 2018 4:39 pm

Re: 3% retention tax- House sale

Agreed. But what are the benefits of being tax resident but not having residencia?

Dondurma

May 4th 2018 4:44 pm

Re: 3% retention tax- House sale

For me being tax resident is financially to my advantage

As my pension is protected Crown income I do not get taxed in Spain- whereas being tax resident I do not have to pay non resident owners tax

The residencia aspect is of little value to me

spainrico

May 4th 2018 4:48 pm

Re: 3% retention tax- House sale

OK thanks for explaining and sharing. Just interested in case I was missing a trick.

Fred James

May 4th 2018 6:39 pm

Re: 3% retention tax- House sale

Quote:

Originally Posted by Dondurma (Post 12494523)

You are now obliged to declare your Crown pension in Spain. It may affect the tax you pay on any other income.

Are you saying that you never spend more than 90 days in Spain. If you do, you are legally obliged to register. After Brexit you may find that living in Spain without the necessary paperwork could cause problems.

Dondurma

May 4th 2018 6:53 pm

Re: 3% retention tax- House sale

90 CONSECUTIVE days, no I dont

As regards what amounts to a yearly nil return- cheaper than non resident tax

As regards Brexit........Irish!!!!!

Fred James

May 4th 2018 7:32 pm

Re: 3% retention tax- House sale

Lucky old you!

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