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CGT on selling house in Spain and buying in UK?

CGT on selling house in Spain and buying in UK?

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Old May 22nd 2015, 4:04 pm
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Default CGT on selling house in Spain and buying in UK?

Hello!
We left Spain more than two years ago after living there for 13 years. Like many others we still haven't sold our house in Spain and are renting in the UK.
I have come across some suggestions on the internet that, as of this year, if we sell our Spanish house and spend the proceeds on a house in the UK, that we will not have to pay Capital Gains Tax in Spain. But it's not clear if this is a definite change in the law or just a suggested one! And would we have to pay CGT in the UK?
Does anybody know anything about this?
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Old May 22nd 2015, 4:24 pm
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Default Re: CGT on selling house in Spain and buying in UK?

That only applies if you are resident at the time of the sale and you have up to two years to reinvest the proceeds.

The law has changed in that they can no longer discriminate between residents and non residents. However, the CGT exemptions for age and reinvestment only apply to properties that are the habitual residence of the owner for at least three years. By definition, a non resident cannot have his habitual residence in Spain.

However, there is a two year window where, if it was your habitual residence up to two years ago, a non resident will get the exemption - however you have now exceeded that period.

Last edited by Fred James; May 22nd 2015 at 4:27 pm.
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Old May 22nd 2015, 6:12 pm
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Default Re: CGT on selling house in Spain and buying in UK?

Thanks Fred!
All the articles I have seen do not mention a two year window from leaving Spain, just the requirement to have lived in the house for at least 3 years and to reinvest the proceeds in a new house within 2 years of the sale.
Do you have a link to info about the 2-year window so that I can find out more?
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Old May 22nd 2015, 6:27 pm
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Default Re: CGT on selling house in Spain and buying in UK?

I don't have a specific link, but it was detailed in the book by Blevins Franks on taxation in Spain which is a pretty reliable source.

I will see if I can find a specific link to the relevant law.
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Old Jul 11th 2015, 6:59 am
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Default Re: CGT on selling house in Spain and buying in UK?

Originally Posted by Fred James
That only applies if you are resident at the time of the sale and you have up to two years to reinvest the proceeds.

The law has changed in that they can no longer discriminate between residents and non residents. However, the CGT exemptions for age and reinvestment only apply to properties that are the habitual residence of the owner for at least three years. By definition, a non resident cannot have his habitual residence in Spain.

However, there is a two year window where, if it was your habitual residence up to two years ago, a non resident will get the exemption - however you have now exceeded that period.
The person we bought our Spanish property from was British but had Spanish residency ( so, presumably, that is why we did not need to retain 3 % of the purchase cost and pass it on to the taxman). The seller would then be able to defer any cgt if they bought another property as their main residence within 2 years. What if the seller then ran of back to the UK ? Could the Spanish taxman chase them for unpaid cgt and, if so, would such debt attach to our house or would this now purely be a matter between the taxman and the seller? I think I know that answer but Im'e worried that it might simply be wishful thinking
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