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Discussion Starter · #1 ·
Hi,
when we bought our property in 2001 we were told that we should do the patrimony / form 210 each year as this would be relevant when we come to sell the property. The property has now been sold and I had all the up to date copies of form 210 but neither the estate agent, gestoria, buyers, notary etc. were interested. I understand that I've been filling out the forms and paying the tax because it's law, but we were led to believe that by doing this, when we sell, it would affect how much tax needs to be paid after the sale. I have paid the 3% retention and plus valia so far.

Does anyone know anything about this? Thanks.
 

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Whether or not you have been submitting your non-resident income tax declarations does not affect the amount of capital gains tax you pay or reclaim.

I assume you have been advised that you now need to make a capital gains tax declaration on the sale of the property. If the amount of the gain is more than the amount of the retention you will have to pay the difference. If it is less than the amount of the retention you can reclaim the portion due.

If you are due a refund and you had not been paying the annual non-resident taxes the whole of the amount of the refund of the retention would be withheld not just the amount owed in non-resident taxes. You do not need to produce the paper copies of the forms 210 as these will be on record on the AEAT IT system.

If the retention does not cover the amount of CGT due and you need to pay the difference the fact that you have been paying non-resident taxes makes no difference to the amount of tax payable.
 

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Discussion Starter · #3 ·
Whether or not you have been submitting your non-resident income tax declarations does not affect the amount of capital gains tax you pay or reclaim.

I assume you have been advised that you now need to make a capital gains tax declaration on the sale of the property. If the amount of the gain is more than the amount of the retention you will have to pay the difference. If it is less than the amount of the retention you can reclaim the portion due.

If you are due a refund and you had not been paying the annual non-resident taxes the whole of the amount of the refund of the retention would be withheld not just the amount owed in non-resident taxes. You do not need to produce the paper copies of the forms 210 as these will be on record on the AEAT IT system.

If the retention does not cover the amount of CGT due and you need to pay the difference the fact that you have been paying non-resident taxes makes no difference to the amount of tax payable.
Many thanks, that has made it clearer for me.
 

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Just to clarify, when I say the amount of the gain I mean the amount of the CGT due not the gain you actually made. In other words If the amount of the capital gains tax due is more than the amount of the retention you will have to pay the difference.
 
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