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Soy... un hombre

Vivo en... Torremolinos

Me gusta... Anything that doesn't involve community issues

Trabajo de... Presidente de la Comunidad

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"Get your facts first, then you can distort them as you please"

Mark Twain




Roberto's latest forum comments

13 Oct 2021 11:53:

Agreed yes

Thread: Selling property without estate agent /good Gestoria

12 Oct 2021 21:56:

You are confusing physical residency with fiscal residency. It is technically possible to be resident in one country, but fiscally (tax) resident in another.

If you stay in Spain more than 183 days in any fiscal year, you will by default be deemed a tax resident. As you have stated that you spend less time than this in Spain, and are a tax resident in the the UK, you will be liable for non-resident income tax on your property, which you will submit by filing form 210 annually. Assuming you are UK citizens, you will be taxed now at the non-EU citizen rates. 

I am aware of non-resident holiday home owners who applied for residency/TIE before the Brexit deadline, intending using this apparent loophole to get around the 90/180 rule, post-Brexit. I haven't heard (yet) of anyone falling foul of this pratice - but I would not be at all surprised if the Spanish authorities at some point start comparing the foreign residents register with individual tax statuses, with a view to drawing some of those "residents" in to their tax nets. Much as I personally despair at the fact that British citizens have lost (thrown away?) their right to freedom of movement, I would not recommend anyone take this route - those nets can be awfully tricky to wriggle out of once caught!

Thread: Tax question

12 Oct 2021 21:39:

"Jimbofinn..you should have told them to shove the property....I sure you would have found another property."

Windtalker, I struggling to follow this - wasn't Jimbo selling? wink

Thread: Selling property without estate agent /good Gestoria

12 Oct 2021 21:33:

"I had a potential CGT liability but he assisted in having this removed"

Sounds like a bit of "creative acounting". I won't ask! wink

Acer, I hope my comment wasn't taken as a criticism, your guy obviously works well for you, which is fine. I simply wanted to point out for the OP and others that lawyers/solicitors are not usually fiscal experts, so a gestor would normally be who you would turn to for tax matters. For "conveyancing", if the term even applies in Spain, when buying it is advisable to use a lawyer; when selling, there's very little if anything for them to do - nothing in fact that an estate couldn't do for their sale fee, if one is involved.


I must admit I have never heard of an estate agent charging seperate fees to both buyer and seller - at least, not officially. I have come across agents adding on more commission to the sale price without the seller's knowledge or consent, which I suppose amounts to the same thing in a way. Either way, I would question the statement "I have never paid an agent for purchasing a property". Unlike in the UK, where an estate agent usually "values" the property and suggests an appropriate market price, in Spain it is more normal for an agent to simply ask the seller how much they want for the property, and then add their 3 or 5 or 7.5% on top, meaning the buyer in reality is paying the commission. This is certainly what happened last time I put a property up for sale: I put a Se Vende sign in the window, and when I established that a caller was an agent, I told them the price I had quoted was the price I expected for me, any commission they wanted had to go on top of that. Hence, if they brought a buyer, it would in reality be the buyer paying the commission - albeit probably without them realising it. Unless, of course, having seen my number in the window they subsequently called me directly pretending to be a new caller, and got quoted a lower price. It has happened more than once! I wouldn't do it myself, and I agree it is unethical, but if a potential buyer wants to try cutting out an agent who I never approached in the first place & never signed any agreement with, I don't really have a problem with that. (Different story if I had in fact listed the property with that agent). But I would make it quite clear to that buyer that I will accept no responsibility if the agent finds out and gets shirty!


Thread: Selling property without estate agent /good Gestoria

09 Oct 2021 18:46:

Acer: "The purchaser agreed that we both use the local solicitor I knew and we shared his costs and that of the notary.  Personally I wouldn't use a gestor for a conveyance."

Just a quick note on this: as the seller, you will have very little (if any) need for a solicitor, and the buyer usually pays the notary fees. Using a gestor purely for your tax matters makes perfect sense, especially if you are not going to be in Spain to deal with the paperwork yourself. 

Thread: Selling property without estate agent /good Gestoria


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