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183 Days/TIE/Residency

Posted: Wed Dec 15, 2021 2:19pm
16 replies655 views7 members subscribed
graham2004523

Posts: 36

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Location: San Cayetano

Joined: 16 Oct 2020

Hi Lovelies. 

Wife and I picked up our Visas from the Consulate in Manchester today. Valid until 31 May 2022. So exciting. 

Quick question. If we complete the sale of our house in UK by 31 December 21 we are free to enter Spain at any time in 2022, this means we could avoid Capital Gains tax. If we don`t we aim to get to Spain (Sierra Golf) by mid July 2022. For tax purposes when does the count of 183 days start ?  From the day you enter the country, or the day you obtain TIE ??

Thanks in advance

Graham.  

Will60

Posted: Wed Dec 15, 2021 6:34pm

Will60

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Posts: 317

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Posted: Wed Dec 15, 2021 6:34pm

If you gain your TIE in Jan-June 2022, you are a Spanish tax-Resident from 1/1/22.

If you gain your TIE in July-Dec 2022, you become tax-Resident on 1/1/23.

Either way, if you sell your UK home in 2021, you are not liable for CGT on the proceeds in Spain.

paulsav

Posted: Thu Dec 16, 2021 11:42am

paulsav

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Posted: Thu Dec 16, 2021 11:42am

Will60 wrote on Wed Dec 15, 2021 6:34pm:

If you gain your TIE in Jan-June 2022, you are a Spanish tax-Resident from 1/1/22.

If you gain your TIE in July-Dec 2022, you become tax-Resident on 1/1/23.

Either way, if you sell your UK home in 2021, you are not liable for CGT on the proceeds in Spain.

Will,   think you may have made mistake and meant "sell house in 2021" as if residency granted pre July and house sale in 2022 it would be liable for CGT. 

Regards 

Pauline 

Will60

Posted: Thu Dec 16, 2021 1:40pm

Will60

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Posted: Thu Dec 16, 2021 1:40pm

paulsav wrote on Thu Dec 16, 2021 11:42am:

Will,   think you may have made mistake and meant "sell house in 2021" as if residency granted pre July and house sale in 2022 it would be liable for CGT. 

Regards 

Pauline 

Thanks for spotting my typo 

I have edited the original.

K

Baggywrinkles

Posted: Fri Dec 17, 2021 11:23am

Posts: 186

39 helpful points

Location: Mula

Joined: 16 May 2017

Posted: Fri Dec 17, 2021 11:23am

You shouldn't be paying capital gains tax on your own house in the UK .

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paulsav

Posted: Fri Dec 17, 2021 11:44am

paulsav

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Posted: Fri Dec 17, 2021 11:44am

Baggywrinkles wrote on Fri Dec 17, 2021 11:23am:

You shouldn't be paying capital gains tax on your own house in the UK .

If you have become a Spanish resident in same tax year as sale or even later, you are liable to CGT in both countries! In Uk it ceased to be your prime residence when you became a Spanish resident so that period of not being main home is liable for CGT and yes all the profits made on UK property (remember its not "your home") will be liable to CGT in Spain as a Spanish resident. 

Regards 

Pauline 

Will60

Posted: Fri Dec 17, 2021 3:42pm

Will60

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Posted: Fri Dec 17, 2021 3:42pm

paulsav wrote on Fri Dec 17, 2021 11:44am:

If you have become a Spanish resident in same tax year as sale or even later, you are liable to CGT in both countries! In Uk it ceased to be your prime residence when you became a Spanish resident so that period of not being main home is liable for CGT and yes all the profits made on UK property ...

...(remember its not "your home") will be liable to CGT in Spain as a Spanish resident. 

Regards 

Pauline 

Correct.

I have been through it and paid CGT in UK and Spain.

The tax-take in Spain is bigger, but they deduct the CGT already paid to HMRC.

PeterC

Posted: Fri Dec 17, 2021 5:49pm

PeterC

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Posted: Fri Dec 17, 2021 5:49pm

If you don’t take up residency - i.e. live - in Spain before your TIE validity expires surelyyou have to go through the process all over again? Timings of everything are very important.

YvonneF

Posted: Wed Dec 22, 2021 2:08pm

Posts: 15

5 helpful points

Location: Los Alcázares

Joined: 23 Sep 2021

Posted: Wed Dec 22, 2021 2:08pm

I wasn't aware that tax liabilities incurred in the UK could transfer to Spain. If I inherit money (tax-free) in UK before I move to Spain, is there any way that Spain could tax me on it? Surely it just becomes my own capital regardless of the date of inheritance as long as I'm still in the UK when I get it? Any advice appreciated as this could affect when I move to Spain.

paulsav

Posted: Wed Dec 22, 2021 3:37pm

paulsav

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Joined: 4 Dec 2015

Posted: Wed Dec 22, 2021 3:37pm

YvonneF wrote on Wed Dec 22, 2021 2:08pm:

I wasn't aware that tax liabilities incurred in the UK could transfer to Spain. If I inherit money (tax-free) in UK before I move to Spain, is there any way that Spain could tax me on it? Surely it just becomes my own capital regardless of the date of inheritance as long as I'm still in the UK wh...

...en I get it? Any advice appreciated as this could affect when I move to Spain.

Correct. Only applies if you are a resident when inheriting

Regards 

Pauline 

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