# Tax Advice



## agua642 (May 24, 2009)

Does any one have the answer for me please 
My retired father is planning to sell his only 1 property and relocate to Spain permanently! he is a pensioner of 82 
Will he need to declare the sale of his property earnings? and pay tax in Spain on it.. ? Or can this be avoided in anyway?


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## mrypg9 (Apr 26, 2008)

Not if it has been his place of residence.


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## agua642 (May 24, 2009)

Sorry If where has not been his place of residence, his place of residence has been UK up until he moves to Spain later this year. He will be living with me in Spain


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## snikpoh (Nov 19, 2007)

agua642 said:


> Sorry If where has not been his place of residence, his place of residence has been UK up until he moves to Spain later this year. He will be living with me in Spain


If the place he's selling in UK was his main residence and not a second home - was what was meant.

He will not have to report the sale unless he is keeping the proceeds outside of Spain and they exceed 50k euros - even then it will not be until next year.


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## lesley haynes (Nov 30, 2020)

agua642 said:


> Does any one have the answer for me please
> My retired father is planning to sell his only 1 property and relocate to Spain permanently! he is a pensioner of 82
> Will he need to declare the sale of his property earnings? and pay tax in Spain on it.. ? Or can this be avoided in anyway?


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## lesley haynes (Nov 30, 2020)

He will have to sell it in the year previous to his move to Spain to avoid Spanish Capital Gains Tax. Seek professional advice. This makes moving before the end of the transition difficult.


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## timwip (Feb 27, 2017)

In order to avoid Spanish taxes, he will have to sell it in a year where he does not reside in Spain 6 months plus 1 day. As an example, he can sell it in 2021; however, can not become a resident of Spain before July 1, 2021.


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## kaipa (Aug 3, 2013)

As pointed out above the date of sale and the date of getting residency can unfortunately determine if the sale would incur CGT. That said there are persistent rumours afloat that the UK government might be looking at CGT changes to address it's scary financial predicament so who knows what might happen in the next few months!!


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## timwip (Feb 27, 2017)

I know that some people on this board will disagree with this but my lawyer said that date of residency starts the day you file for empadronimiento which is basically the first step of residency. The date you file for the padron is the date you are stating your intent to stay as a resident.


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## xabiaxica (Jun 23, 2009)

lesley haynes said:


> He will have to sell it in the year previous to his move to Spain to avoid Spanish Capital Gains Tax. Seek professional advice. This makes moving before the end of the transition difficult.


The question was asked in 2013. Presumably the OP's father has dealt with it all already!


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