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08 Nov 2012 5:24 AM by fuentearriba Star rating in Lubrin, almeria. 11 posts Send private message

If a:

1. Spanish non resident (in terms of domicile)  owns a home in the UK (domiciled)  and pays UK self assessment tax,

2.  also owns a home in Spain ( registered in the Town Hall since 2003)  and pays Spanish self assessment tax.

3. spends roughly half the year in each country, ( 3 or 4 changes of country per year - but not counting!)

4.  and is over 65 years old

How does the above personal and fiscal arrangements fit in with the following statement:

Exemptions and reductions for residents: Residents aged 65 and over, who have lived in their Spanish property (their Spanish property has been their main home) for at least three years are exempt from paying Capital Gains tax when selling. Proof of the term of residency in the property are three annual tax declarations featuring the address of the property and a current padron certificate from the Town Hall. This is another reason why it is so important to submit an annual tax declaration.


What is not clear is (their Spanish property has been their main home) .

We are equally at home ( not a holiday home) in Spain and UK but I guess that is a matter of choice and not residency!!!


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08 Nov 2012 7:21 AM by 66d35 Star rating. 243 posts Send private message

The term "roughly" is critical.

It is not determined by "rough" estimates, but by a very specific count of days. Even 1 day can make a difference. If you are here for 183 days, that is important. So too, can the number of days in the UK affect things dramatically.

There are other factors than enter into this: domicile, centre of interests, etc.

I would suggest taking professional advice having reviewed your precise circumstances.



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08 Nov 2012 7:54 AM by johnzx Star rating in Spain. 5241 posts Send private message


                   I think you are jousting at shadows.
The exception applies to those who have lived in Spain as opposed to visitors who own a property Spain.
Thus a person who has been RESIDENT in Spain, making their tax declarations  in Spain on the their worldwide assets, is exempt
As 66 said, if those circumstances  apply, then the 183 day rule has no significance, as the other over riding conditions, (centre of activities etc ) come into play.
In the very exceptional cases where tax residence cannot be determined by the rules, the UK and Spanish tax authorities have tie-breaker conditions and they will  determine those cases.



This message was last edited by johnzx on 08/11/2012.

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