Jeffcore wrote on Wed Jun 30, 2021 4:09pm:
As I understand it? You are only TAX resident if you spend mote than 183 days in Spain in the calendar tax year. It's not directly related to whether you have residency. Also there are allowances relating to changes in tax rules that may apply if you have owned your UK house for several years oth...
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...erwise capital gains is based on the difference between buying and selling prices- very unfair. You need to speak to a tax expert.
True.
But if you leave Spain for >183 days in any year your TIE is invalidated.
So you can't have your cake and eat it.
If you want to be in Spain for >90 in 180, you must be Resident and (in due course) tax-Resident.
Once tax-Resident in Spain, you do not pay CGT on the sale of your primary British home in the UK - you pay in Spain.
If, however, you sell a business asset - such as a rental property - you pay CGT in the UK and again in Spain.
The Spanish tax is higher, and they deduct the payment already made in the UK. I have recently been through this process.