Sale flat CGT help Non resident

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Cornflake4 Amigo
Posts: 31
Joined: Wed Jun 06, 2012 12:40 pm

Sale flat CGT help Non resident

Postby Cornflake4 » Mon Aug 15, 2022 1:25 am


My years of completing Modelo 210 are coming to an end - my Dad's decided to sell his flat and the sale is due to be completed beg. of September.
I'm "handling" the agent, gestor etc on his behalf and this is when my body decided to catch Covid - the irony!
So forgive me for any silly questions below, my brain and everything else hurt. :-)

I've discovered along the way that the Notoria does not provide any real advice in Spain and we just got lumped with a gestor when the agent said they would handle it all so I'm scrambling for info...

Property bought in April 1986 for 2.4m pesetas by my Mum and Dad.
My Brother and I inherited 25% each as nuda propiedad when my Mum passed away in October 2010 - my Dad kept the usufructo on the 50% we inherited. The property was valued at €120.000 on the manifestacion de herencia.
Property now due to be sold for €121.000 gross

We're all 3 non residents.

I wonder if someone could kindly advise on the following:

- I read somewhere that Non resident tax had to have been paid for the 4 previous years (which it has for the past 36!) but since we inherited, it was paid in full by my Dad as we were told he was the usufructo owner and could pay it in full - is this going to be a problem when my Brother and I submitt our CGT tax declarations? (ie there's no record of us too submitting a Modelo 210 for the property for the past 4 years)

- My Brother and I do not have a Spanish bank account - has someone here every sold a property without a Spanish bank account (we've been told each "owner" will have to be paid separately)?
And could this be a problem down the line if we need to claim some the 3% retention back from the AEAT?

- Does anyone know how to calculate the 1986 purchase value in € ?
Is there a specific formula taking into account the date of purchase as well as the currency exchange rate when the Peseta stopped being legal tender?

- Re calculating the CGT. Does this mean that my Brother and I will likely not have to pay any CGT?
And I'd gladly accept any help re calculating my Dad's - I'm not too sure which value to use - when he bought it? When my Mum passed away? Is it allowed any rebate?

- The agency told us they'd "deal with everything" when we asked who'd pay for various fees and we're now hit with an invoice from a gestor for submitting Modelo 211, dealing with the Plus Valia etc amongst other things (when I would have been more than happy to get on with it myself and I did say so early on).
In people's experience, who does what? And do some bits HAVE to be done by a gestor?

- The gestor wants to charge us for a certificate showing all service charges have been paid - isn't it something I can get straight from the administrator of the building (for free)?

- Lastly, would you guys recommend hiring a gestor for our 3 CGT tax assessments?

Apologies for being so long.
Thank you!

Andalucia Guru
Posts: 3257
Joined: Sat Apr 07, 2012 11:49 am
Location: East of Malaga

Re: Sale flat CGT help Non resident

Postby elusive » Mon Aug 15, 2022 8:48 am

Where are you based interms of needing a gestor

Cornflake4 Amigo
Posts: 31
Joined: Wed Jun 06, 2012 12:40 pm

Re: Sale flat CGT help Non resident

Postby Cornflake4 » Mon Aug 15, 2022 10:26 am

Hi Elusive,
Thanks for your post.
Not sure we need a gestor at this point?
I'd love for someone to clarify who does what and if a gestor is 100% compulsory (by law?) for certain procedures.

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