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Spain forumsIf you sell a Spanish property and buy another is there relief on capital gains tax?



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Tuesday, January 29, 2008

Guinnessman
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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for foreigners do you have a period of grace where if you purchased another Spanish property or land do you get this rescinded?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
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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
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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.

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Maria L. de Castro, JD, MA

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Director www.costaluzlawyers.es

El blog de Maria



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29 Jan 2008 1:46 PM

morerosado
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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 ?

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29 Jan 2008 1:52 PM

mariadecastro
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two years.
Maria

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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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29 Jan 2008 2:57 PM

Guinnessman
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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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