SPANISH TAX

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01 Jul 2009 12:00 AM by cat p Star rating in Buckinghamshire. 65 forum posts Send private message

Hi All. I know that this has been mentioned before but Im having trouble finding the threads ! Can someone shed some light on the Spanish taxes that we have been asked to pay. We are non residents. Is it based on rental income and does the mortgage get taken into account ?  Thanks. Cat.




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15 Jul 2009 2:51 PM by costamed Star rating. 13 forum posts Send private message

Hello,

As a non resident property owner you are obliged to pay a tax, it was previously called Income & Wealth Tax, and from 1st January 2009 the Wealth part has been abolished, leaving the Income part still in place.  The name is very misleading so I fully expect the name to change at some point.  It is due for payment the year following your purchase, and the declaration has to be made between 01/01 and 30/06 every year on tax form 210 - previously 214.

Contact me for further information



_______________________
Nicola www.costamedconsulting.com  


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15 Jul 2009 11:34 PM by Baronpenthouse Star rating. 39 forum posts Send private message

Hi

Please don't forget it is a legal requirement that if you are a UK resident you must submit a UK Self Assessment tax return to include any rental income from property you rent out abroad.  When you contact your local tax office in UK ask for the general Self Assessment form and also the 'Foreign Pages' as those are the parts you enter your rental income in from your Spanish property.  There is a wealth of help/information on line but I actrually rang them and they were very helpful, well, for tax people.

Also, the UK tax authoroties are clamping down big style on UK residents owning and renting out a property abroad.   Their powers and funding have increased greatly around this area.  They have made it clear that by targeting UK owners tax non-payments they can increase the amount of tax collected by 300% !!  Also the Spanish government in past years have basically turned a blind eye to UK owners and their rental income.  Now it is a different story.  They are joining forces with the UK tax authoroties and liasing with the UK giving details of ALL UK residents who own property in Spain and that are not resident, who they obviously assume are renting it out.  The rest to them is a breeze.

Play safe and declare it all, you will at least get a good nights sleep.

Regards

Baron 




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16 Jul 2009 1:40 PM by Scottebabe Star rating. 99 forum posts Send private message

Baron, you make it sound scary!  I can't imagine people are going to suffer high tax bills in either country and bearing in mind there is a double taxation agreement in place then as UK tax payer you can reclaim the Spanish tax paid against your UK tax.

I for one am very happy to include my loss from rental property on my UK tax return and then reclaim my Spanish tax paid against my UK tax.  Hopefully one day the losses carried forward can be offset against a profit but I think there'll be a good few years before I need to worry about that one! 

Bear in mind Spanish tax runs 1st Jan-31st Dec, whilst UK tax is 6th April-5th April.....that's the most complicated bit!




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16 Jul 2009 6:54 PM by Baronpenthouse Star rating. 39 forum posts Send private message

Sorry all, didn't mean to scare you all but as we all know the tax people are, well....scary!  breathing space, valid reasons and 'I didn't realsise that's what I needed to do', are not phrases they have in their vocabularly.

Scottbabe is right in that although, as I say, it is a legal requirement that you must complete a UK Self Assessment Tax Return and include your Spanish rental income, if you can prove you have paid tax on the income in Spain you don't have to pay again in UK, as Scottbabe says there is a double taxation agreement between UK and Spain which ensures you only pay tax on your income once.

Putting your losses in Spain against your UK tax is again correct but it is possible that it may be better seeking advice from a tax consultant on that unless you are someone who understands it all in which case you really do need to get out more.

All sounds a bit taxing to me, I'm off for a lie down.

Baron

 

 

 




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16 Jul 2009 8:09 PM by lanric Star rating. 49 forum posts Send private message

Below is the good news

I am going to see if I can get a rebate for the last 2 years.

Below from Kyero.com 

May 8th, 2009

Many Britons who let out their second home in Spain could now be eligible for a tax rebate windfall from HM Revenue & Customs.

From 6 April, 2010, furnished holiday lets in the UK will no longer be treated as business assets, against which owners can offset losses against their other income and roll over capital gains tax to reduce their tax bill. The break was originally introduced in the 1980s as a way of encouraging British tourism.

The Government withdrew the concession after the European Union ruled that it breached EU law by discriminating against non UK owners of second homes in other European countries.

Although the most published elements of the recent Budget concentrated on tax increases, much less published is a new opportunity for owners of holiday lets in Spain, who have been given the chance to apply retrospectively for tax repayments going back up to a full five tax years. Property owners who thinks they may be eligible should act quickly, as the tax breaks will cease in April 2010.

This change in taxation is applicable where either of two circumstances has arisen:

  1. Where owners have incurred losses from the letting of the property since 6 April 2003
  2. Where a property used for holiday lets has been sold at a profit since 6 April 2003

Example 1

Mr Smith owns a Spanish villa that, apart from a couple of weeks’ private use, is let commercially throughout the year. Whilst Mr Smith tries to let the property all year round, the seasonal nature of the business means that, year on year, a loss of around £5,000 is incurred. Mr Smith may now be able to make a claim to offset this loss against UK income tax over the last five years. As a higher rate taxpayer, this would generate a tax repayment of around £10,000 (5 years x £5,000 x 40%).

Example 2

Mrs Jones acquired a holiday property in Portugal in 2001 for the equivalent of £100,000. The property was let out for five years, on a holiday-let basis, and sold in 2006 for £200,000. She paid capital gains tax in the UK of £30,000 on the sale, after all available tax reliefs. It may now be possible to go back and amend the calculation to include further reliefs, which would reduce the taxable gain to around £2,000. This would save Mrs Jones £28,000.

More than two million Britons currently own a property abroad, and a number may recently have become eligible for one of these tax breaks. Many owners who previously kept their homes for private use have been renting them out to holiday makers over the last couple of years, to generate an extra source of income during the economic downturn.

This is a one-off opportunity in the 2009/10 tax year to secure a unique tax rebate. In 2010/11 the set-off or carry back allowances which create the rebate will no longer apply. To be eligible for the allowance, properties must have been let for ten weeks a year and available to let for 140 days.

 

 




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16 Jul 2009 8:50 PM by lappie Star rating. 66 forum posts Send private message

How does this stand if you still own a hole in the ground and have to walk away because you cannot complete because of financial constraints outside your control?  (that is - if they allow you to 'walk away).

if you have paid a deposit of £70, can you get the Spanish V.A.T. back off that sum at this time?  Can you also use this loss against your U.K. tax bill?

 




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16 Jul 2009 8:51 PM by lappie Star rating. 66 forum posts Send private message

Me again!  Where did all the 000000's go?!

The figure should be £70,000.

Sorry




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17 Jul 2009 6:53 PM by eliseamy Star rating. 29 forum posts Send private message

More info on the tax rebate we can get if we act quickly can be found below

http://www.shelteroffshore.com/index.php/property/more/do-you-own-investment-property-europe-10516/

The 31st July cut-off only applies to tax year 06/07 which for most of us at Roda won't have been a tax year in which we had anything to rent anyway!

I'm off to see an accountant next week to get my claim in.  For the tax year 07/08 it seems that HMRC will retrospectively apply any credit you can demonstrate.

Anybody out there NOT lost money on Roda since they bought? - If you can demonstrate it to the satisfaction of the HMRC we could be entitled to a significant rebate.

I'll let you know how I get on next week

Mark




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20 Jul 2009 11:25 PM by cooberpedy Star rating. 91 forum posts Send private message

cooberpedy´s avatar

thanks for your information mark,  we are in the process of trying to find an accountant to help us with this. Do you know if the deadline of 31st July is the date by which the full claim with all paperwork attached has to be submitted   or can we just register a claim and then complete the submission after?

I feel so b...dy angry that this has been kept quiet,  we have paid all the taxes we have to in Spain, regularly and on time,  we were only just coming to realise that we should have also declared this in the UK and then to find that we may have missed out on possible/probable refunds is truly galling.  I can't imagine there are many who rent out their properties in Spain  whose rentals exceed their outgoings on things like mortgage interest, insurance, legal fees and accountants fees taxes etc; and in which case would be due some refund via HMRC.

Please keep us informed of your progress, and any other  information that may be of use would be very gratefully received!!




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23 Jul 2009 4:58 PM by eliseamy Star rating. 29 forum posts Send private message

Well, I've now been to get some tax advice and it all seems pretty straightforward.

You have until the 31st july to make a backdated claim for tax year 06/07 but claims for any years after that are not subject to that cut off date.

So long as your property has been available for rental for 140 days or more, and has been rented for 70 days or more you are eligible to claim. The only caveat is that no renters can be in residence for more than 5 months in a year i.e long term rentals are excluded from this tax break

If you can show that you have incurred expenses in setting up your letting 'business' (which it is for the purpose of the tax regime) in the financial years 07/08, 08/09 and eventually 09/10, and you can show that this was greater than the rental income you received, you are able to claim the difference on your UK tax return as an allowance. If you are a higher rate tax player then the allowance will be 40% of your 'loss'.

You can claim for furniture, utilities, mortgage, community charges and repairs in any given year. You do of course need to be able to evidence the claim for both expenses and income.

I've given my accountant my bank statements which show all of the costs and income and they are preparing a submission.

It is worth noting that as the claim is completely self assessment so you are not expected to provide evidence of your claim to HMRC with your tax return.  (You obviously  need it in case they pick you out for an investigation. You really don't want them crawling all over your tax affairs for the sake of a claim too far..) So you will automatically receive the rebate you think you are owed - it isn't 'assessed'.

I'm using tax advisers on the basis that I'm less likely to fall foul of HMRC that way.

For interest, my accontantsare charging circa £250 for each year I want to claim.  On the basis that i can set furnishing my apartments against my income this is a no -brainer for me but you might want to do the math yourselves first on what you think you might be entitled to at your appropriate tax band.

I'll let you know what happens here on in

Mark

 

 




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24 Jul 2009 11:28 AM by cooberpedy Star rating. 91 forum posts Send private message

cooberpedy´s avatar

Hi Mark,  found out pretty much the same as you,  we bought in 2006  but only let the apartment to family  because of all the building work so can't claim against  2006/7  tax.  Like you, we are now in the process of getting all the figures ready to claim for 07/08  the deadline for this is Jan 2010.  We have a future daughter-in law who works for a tax accountant   who is giving us advice; she says that after 2010 there can be no more claim of back dated losses,  but thereafter  any losses will be carried on until there is a profit  and will be set against that.  Not sure what we will be entitled to for 07/08 but the furnishings, community fees, utilities, legal fees, spanish taxes and council tax  plus running expenses  can all be taken into account.  Furnishings can be entered as a percentage of the full cost in years, subsequent to the year in which they were purchased.

keep up the information, we are amazed so many people are ignoring this,  the HMRC will be trawling for all the money they can in future years, we may as well get something back while we can.




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09 Sep 2009 3:29 PM by eliseamy Star rating. 29 forum posts Send private message

Well, now been through the process of retrospectively claiming for 07/08 and 08/09 furnished lettings losses against previous tax paid.

Good news is that for both years ,and on both of the apartments I own, I was entitled to a rebate  which HMRC duly paid into my account within a week of the claim being made!

Doesn't mean that they won't investigate the claims further so you do need to have all of your paperwork in place.

The cost of using a tax adviser for each years claim was circa £270 +Vat for each years set of paperwork. I consider that a very sound investment against a return of several £000's on each years rebate.

Make sure that you claim your entitlement before April when the loophole will almost certainly close.

 




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