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Tuesday, January 29, 2008
Guinnessman
 Parcela
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Basically I would like to know if you sell a property and get hit by the capital gains tax for foreigners do you have a period of grace where if you purchased another Spanish property or land do you get this rescinded? Is there a period of time that you would need to be looking at ? Do you pay the capital gains tax there and then on the sale of the first property and reclaim it back when you purchase the next property?
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29 Jan 2008 12:41 PM
bobaol
 Finca

I'm in Leicestershire and El Galan, moving to Guardamar in a couple of years
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As I understand it, a certain amount (3%???? someone will know) is retained from the sale. This goes to the tax people unless you buy another (more expensive ?) property.
Is that right? Sure Rixxy, Mario, Georgia et al will know the answer to this one.
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29 Jan 2008 1:40 PM
mariadecastro
 Finca

I'm in Algeciras (Cadiz)
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The exemption is as follows: the sale of principal residence is not subject to taxes if the whole amount obtained with the purchase is re-invested in the buying of a new principal residence.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es

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29 Jan 2008 1:46 PM
morerosado
 ** EOS Superstar **

I'm in Somerset, UK / Guardamar Del Segura on the Costa Blanca (Completed April 2005)
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Am I correct, Maria, in thinking that you only have up to 3 years in which to buy your new residence after selling your first in order to avoid paying tax? I'm sure I was reading about that or was I dreaming ?
_______________________
Hello-o-o I'm a
Hey, I blog on EOS now. Go read it !
Our experiences of buying in Spain
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29 Jan 2008 1:52 PM
mariadecastro
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I'm in Algeciras (Cadiz)
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two years.
Maria
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es

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29 Jan 2008 2:57 PM
Guinnessman
 Parcela
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Thanks that's great. Thanks Maria for the advice. However if you purchase a plot, the plot price might be a lot less than the value of the property sold. Therefore how do the tax office calculate the cost of the build on the plot? Is this based on the basic project that is approved by the college of architects and estimates the build cost? Another potential downside is the time it sometimes takes to get planning permission and get the paper work processed. Two years might sound like sufficient time but from the sale of an apartment til completion of a villa could very well take longer than 2 years. Bit of a conundrum there possibly.
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