Re: Re: Claiming back the 3% for Capital Gains Tax as a Non Resi


@rebeccasmith wrote:

Hi, Just wondering if anyone had any experience of this? I left Spain in 2011 and our house (which we built) has finally sold a month ago. As a non resident 3% was deducted from the sale price which I have been told I can claim back if I prove I had no profit.


Firstly, it’s important to understand the 3% is being retained not just for capital gains tax purposes which is what you seem to think it’s for, it’s being retained for all unpaid taxes and bills that may be liable on the property.

You don’t say when the house was built or how long you lived there as a resident, non-resident etc, so it’s hard to say what taxes you may be liable for. Are you 100% sure you’ve paid all your non-resident land taxes on the property? Have you paid all your annual IBI and refuse collection taxes?

Don’t just think the 3% retention is for capital gains because it isn’t, you may well find you owe more than the 3% they’ve already retained if you haven’t kept up with all the annual taxes liable on the property.