3% retention tax- House sale
#1
BE Enthusiast




Thread Starter
Joined: Sep 2014
Posts: 323












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

#2

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

#3

Seems like a lot of hassle.
If you don't make a profit the 3% retention can be reclaimed.
If you don't make a profit the 3% retention can be reclaimed.

#4
BE Enthusiast




Thread Starter
Joined: Sep 2014
Posts: 323












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

#6
BE Enthusiast




Thread Starter
Joined: Sep 2014
Posts: 323












Not in Valencia region!!
6-12 months
6-12 months

#7
BE Forum Addict







Joined: Aug 2009
Location: Costa Blanca
Posts: 2,420












'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?
How can you be one without the other?

#8
BE Enthusiast




Thread Starter
Joined: Sep 2014
Posts: 323












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
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
Last edited by Dondurma; May 4th 2018 at 3:49 pm.

#9
BE Forum Addict







Joined: Aug 2009
Location: Costa Blanca
Posts: 2,420












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

#10
BE Enthusiast




Thread Starter
Joined: Sep 2014
Posts: 323












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
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

#11
BE Forum Addict







Joined: Aug 2009
Location: Costa Blanca
Posts: 2,420












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

#12

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.

#13
BE Enthusiast




Thread Starter
Joined: Sep 2014
Posts: 323












90 CONSECUTIVE days, no I dont
As regards what amounts to a yearly nil return- cheaper than non resident tax
As regards Brexit........Irish!!!!!
As regards what amounts to a yearly nil return- cheaper than non resident tax
As regards Brexit........Irish!!!!!
