CAPITAL GAINS TAX GOES DOWN!!
It’s rare to be able to report on taxes going down, but from the 1st of January foreign property owners benefit from a huge reduction in capital gains tax.
Back in 2005, the European Commission took the Spanish government to the European Court of Justice over discriminatory capital gains taxes that favour Spanish residents over non-resident EU nationals. Non-residents had to pay capital gains tax of 35%, compared to 15% for residents, which contravened EU agreements governing the free flow of capital and non-discrimination.
Legislation to reduce Capital Gains Tax for non-residents from 35% to 18% (and increase it for residents from 15% to 18%) was approved by the Spanish Senate in October, and came into force from the 1st January 2007. Now everyone, resident or not, has an equal rate of 18% to pay on the capital gains that their property has made. Those who bought their property before the end of 1986 will benefit from an even lower rate.
The new regulations also reduce the withholding provision that non-residents pay when selling property in Spain from 5% to 3% - often referred to as a ‘tax retention’. Since 1995 the law made it necessary for a purchaser of a property to retain 5% of the declared purchase price of a property, and for the money to be paid to the Spanish Inland Revenue within 30 days of signing for title deeds.
This is payable whenever the vendor is a non-resident of Spain and goes towards any taxes he may owe to the Spanish Inland Revenue, before he disappears into the sunset. Because the capital gains tax rate has been lowered, this figure has also gone down. Now, if you purchase a property from a non-resident you will retain 3% of the purchase price for the Spanish tax man.

The responsibility of ensuring that the money is retained and paid to the Spanish Inland Revenue is placed squarely on the shoulders of the purchaser and it is then up to the vendor to instruct his fiscal representative to claim the money back from the Spanish Inland Revenue if tax is not due. If the vendor is a resident of Spain, then there is no need to retain the 3% as the vendor would be expected to be making his own tax returns on a regular basis.
Part of the TENERIFE PROPERTY SHOP service to clients includes liaison with your lawyer for the retention and payment of this money to the Spanish Inland Revenue, together with completion of the relevant forms, so although you need to know about it, you need not be concerned about any hassle or expense. The main point to bear in mind is that if you are a non-resident, when you come to sell your property, the capital gains tax you will need to pay is nearly half of what it used to be!
