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AVOIDING THE CAPITAL GAINS TRAP

If you are moving to Spain the timing of when you move to Spain is important.   Under Spanish Taxation Law, when you become a tax resident you are taxed on your worldwide income.   If you are selling your property, even if you don't have to pay Capital Gains tax in the country where the property is being sold you may still have to pay Capital Gains tax in Spain.

This article was last updated in November 2024.

SELLING YOUR PROPERTY BEFORE MOVING TO SPAIN TO AVOID A BIG TAX BILL

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Budgeting for your move to Spain

If you are looking for more practical guidance on budgeting for your move and living expenses in Spain check out our free Moving Guide


Help At Hand Spain can help with the following:

  • Residency and Visa applications
  • A relocation consultation to help you plan your move to Spain
  • A tax consultation to help you understand Spanish personal taxation
  • Introduction to a tax partner who can help you with annual tax obligations, self employment and Beckhams Law registration
  • If you are buying a property in Spain we can introduce you to a trusted Conveyancing Lawyer to assist you with the purchase of land or a property in Spain.
Clear and transparent pricing before you commit
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  • You can leverage our knowledge and network of trusted partners
  • We understand how daunting things can be, we are here to make it easier
  • Share sensitive documents in confidence and securely using a client specific password protected folder


The Capital Gains tax is just one of many financial things you need to consider when relocating to Spain. For example, tax efficient savings schemes (i.e. UK ISAS - Individual Savings Accounts) and tax free pension lump sums are not tax exempt in Spain so you would want to cash those in prior to becoming a Spanish tax resident.


It is always recommended to seek the advice of a professional tax advisor if you have any specific questions or concerns. 

It's important to get a good understanding of your finances and tax obligations including income tax, budget, banking, currency exchange, capital gains, wealth taxes, self employment (social security and autonomo).  For further general information you can check out our free guide: Spain and your Finances (helpathandspain.com)

If you are considered a tax resident in Spain you will have to pay Capital Gains Tax in Spain even if you are exempt in the country the property is situated. 

 There are two exemptions:

  • Reinvestment Exemption: For those under 65, to avoid capital gains tax, the proceeds from the sale must be reinvested in another primary residence. The property being sold must have been your main home at the time of sale or at any point in the two years before the sale.
  • Over 65 Exemption: If you are 65 years or older, you can benefit from an exemption on capital gains tax when selling your primary residence. To qualify, you must have lived in the property as your main home for at least three years prior to the sale

To explain: the tax year in Spain runs from January to December. You are considered a fiscal/tax resident when you spend more than 183 days in a calendar/tax year here, so if you sold your property and moved here before the 1st of July, you are most likely to be considered a tax resident for that same calendar/tax year and thus obliged to file a resident´s RENTA income tax return the following year, April-June.

Or even if you moved here after July 1st, but spent a couple of weeks in the period January-June of the same year here you need to add up any days spent here in calendar/tax year.

To add, whether you registered as a resident or not, is not relevant to determining whether you are a fiscal resident, although when you do register as a resident, you confirm you have your habitual residence in Spain, thus giving off a signal to the tax authorities. Proving you were in fact not a fiscal resident in that case, can be quite complicated. Timing your move to Spain can be of the essence to avoid having to pay Capital Gains.

If you don´t invest the total of the proceeds in another property, but keep them in a bank account, anywhere in the world, and use them to fund your life here until your pension starts coming in, for example, then you need to know of the following obligation. Once a tax resident in Spain, you are supposed to report those ´overseas assets´ on Modelo 720, before March 31st. And any income generated from it, yearly on your RENTA income tax declaration. 

In addition to the 183 day rule there is a second rule regarding fiscal/tax residency. It relates to “Spain being your main base or centre of activities or economic interests”. It is presumed, unless proven otherwise, that a taxpayer’s habitual place of residence is Spain when, for example, the spouse (not legally separated) and underage dependent children permanently reside in Spain. 

However, for economic interests you may still have assets and income outside of Spain, it is, for this reason, you will find advice online talking only about spending less than 183 days in a calendar year. 

You are presumed by the tax office to be tax resident and you would need to prove otherwise if you are asked. To mitigate the risk 100% you would want to sell your property in one calendar year, and move to Spain the following calendar year.

The Double Taxation Agreement between Spain and the country of current residence and/or where you have remaining financial interests is important to understand.   The legal agreement may provide additional rules on how tax residency is determined.

The Spanish Capital Gains tax allowances for 2024 are:
  • Up to €6,000 Euros: 19%
  • From €6,000 to €50,000 Euros: 21%
  • From €50,000 Euros to €200,000 Euros: 23%
  • Above €200,000 Euros: 26%
There may be a Double Taxation Agreement between Spain and the country where the property is situated. It generally means that you won't pay the same tax twice, however you would pay the difference to the Spanish tax authority if the Capital Gain is higher. If the Capital Gain in Spain is lower the country where the property is situated you would not have to pay additional tax in Spain.


For example: The capital gain on the sale was calculated as €50,000 using the tax rules of the country where the property is located, and In Spain, the capital gain on the sale was calculated as €80,000 (using the Spanish tax rules), then you would pay only the difference to the Spanish tax authority of €30,000.

Beckham Law also known as the Special Regime for Displaced Workers ("Régimen Especial para Trabajadores Desplazados" in Spanish, is tax regime applicable to foreign workers who start living in Spain.   Employees of Spanish companies are eligible (EU and Non-EU citizens), and Non-EU employees of non-resident companies that successfully apply for a Digital Nomad Visa.  

Eligible individuals are considered non-residents for tax purposes, even if they stay more than 6 months per year in Spain. Taxes are paid only on Spanish income and assets.  This means you are not taxed on your worldwide income (i.e. savings) and assets (i.e. property).

 You can find more details in this article, including other requirements: Spain and Your Finances.

WHAT DOES HELP AT HAND SPAIN DO?

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We regularly review and update our content, however remember that legal requirements can change, so always verify the latest information with the authorities or consult with a professional before planning your move.

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