Does my mother have to pay capital gains tax ?

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19 Nov 2011 12:00 AM by ihs61 Star rating. 14 posts Send private message


My mother has a buyer for her Spanish home and want to know if she will have to pay capital gains tax ?

She has been a resident for 7 years and last year renued her NIF card to the new style (that does not expire)

However since the death of her husband she has been living in back in the Uk, travelling out to Spain for the occasional holiday etc. During her time in the Uk she had been paying all the bills connected to the property inc suma and electric etc.

She has not officially notified anyone of her return to the UK, so does she have to pay the approx £5,000 euros 3% capital tax ?

Any advice would be welcome




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19 Nov 2011 2:12 PM by johnzx Star rating in Spain. 5255 posts Send private message

If a person is aged over 65, has been a resident (making annual tax returns) and lived in the property for 3 years they are except.
In this case though you do not make it clear if she paid the inheritance tax when her husband died. 

Incidentally, I think when you say NIF you mean EU citizens registration, it replaced Residencia AND the card..  NIF relates to a business not a private person.


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19 Nov 2011 8:48 PM by ihs61 Star rating. 14 posts Send private message

Hi thanks for the information.

My mother is 72 and did not pay inheritance tax when her husband died, this was delt with by her Spainsh solicitor who said that none was due.

As for tax returns when my mother and step father moved to Spain they were both retired and living off Uk pensions.

Finnaly you are correct, she has what ever replaced the residentia .

Regards Ian

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19 Nov 2011 9:28 PM by johnzx Star rating in Spain. 5255 posts Send private message

A person resident in Spain MUST declare all worldwide income (except a government emplyee pension, e.g. a police officer, army personal etc.) and in the case of a government retirement pension (OAP) from UK that is only taxable in Spain,  one cannot choose to pay in UK..  Even if the income is below the tax allowance it still must be declared.

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20 Nov 2011 1:08 PM by Faro Star rating in London. 1139 posts Send private message

You need to clarify what happened as regards inheritance tax and what exemptions were claimed.

If your mother claimed exemption as a resident then she must continue to live in the property for 10 years from date of death otherwise some inheritance tax will now become payable.

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