Question about 3% retention when selling

Information and questions about the Law in Spain and Andalucia.
elusive
Andalucia Guru
Posts: 3275
Joined: Sat Apr 07, 2012 11:49 am
Location: East of Malaga

Question about 3% retention when selling

Postby elusive » Wed Apr 06, 2022 8:44 am

Is the three % only with held for non residents or does it happen to everyone and then has to be claimed back by a resident (and a non res if no tax is due) thanks.

Free at Last
Resident
Posts: 1911
Joined: Thu Dec 07, 2006 1:32 pm
Location: Velez-Malaga

Re: Question about 3% retention when selling

Postby Free at Last » Wed Apr 06, 2022 9:44 am

It happens to residents if they don't obtain a certificate of fiscal residency (it's a different type of certificate from the one needed for double taxation purposes) to present to the Notary. I got mine in 2017 when I sold my old house, went to the Hacienda office in Vélez-Málaga and they processed the application although the certificate they said would be sent to me by post. I was told if it hadn't arrived in two weeks to go back and see them, which I did as the completion date was fast approaching, and they then printed one off for me. I think if you have a digital certificate you can get one online, though.

For non residents, they still have the 3% retained even if there is no tax due, and then have to reclaim it.

elusive
Andalucia Guru
Posts: 3275
Joined: Sat Apr 07, 2012 11:49 am
Location: East of Malaga

Re: Question about 3% retention when selling

Postby elusive » Wed Apr 06, 2022 7:00 pm

Thanks.


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