To avoid capital gains tax (CGT) when moving to Spain, reinvest proceeds from your primary home sale into a new main residence within two years, use the "Beckham Law" for special tax treatment, or leverage exemptions for those over 65. Key strategies include:
For qualifying U.S. expats, Spain's Beckham Law offers something rare in international tax: simplicity and savings. A flat 24% tax rate on Spanish income—and no Spanish tax on your global earnings—can mean thousands saved over six years. But making it work means understanding more than just Spanish tax law.
If you're abroad
You have to pay tax on gains you make on property and land in the UK even if you're non-resident for tax purposes. You do not pay Capital Gains Tax on other UK assets, for example shares in UK companies, unless either: you return to the UK within 5 years of leaving.
Capital gains tax in Spain over 65 years
If you are 65 years old or over, it does not matter if the amount of money you get from selling the property will be reinvested into your new home or not. You won't need to pay this tax.
While Spain does offer some exemptions on capital gains tax (CGT) for the sale of a main residence, there are strict conditions:
It allowed sellers to claim CGT exemption for the final 36 months of ownership, even if they had moved out. However, this was reduced to 18 months in 2014 and further to 9 months in 2020, which remains the rule today. This general law is in place as it prevents short-term transaction benefits concerning taxation.
The "6-year rule" for Capital Gains Tax (CGT) in Australia allows you to treat a former main residence as tax-exempt for up to six years after you move out, even if you rent it out, enabling you to avoid CGT on any growth during that period. You qualify by moving out, choosing to treat it as your main home for tax, and can reset the rule by moving back in. If you rent it out for longer than six years, only the portion of the gain after the six-year mark becomes taxable.
How to avoid capital gains tax on foreign property
Capital gains tax rates
A capital gains rate of 0% applies if your taxable income is less than or equal to: $48,350 for single and married filing separately; $96,700 for married filing jointly and qualifying surviving spouse; and. $64,750 for head of household.
On a $100,000 capital gain, you'll likely pay 15% for long-term gains, resulting in about $15,000 in federal tax (plus potential state tax), but it could be 0% or 20% depending on your total taxable income and filing status, while short-term gains are taxed as ordinary income (potentially 22-24%).
Employment duties must be carried out in Spain, although if they must also perform part of their duties outside of Spain, the percentage of their income earned from these activities must not exceed 15% (or 30%, where the employment activity or duties are undertaken in another firm within the group);
If a Spanish employer sent you to work in the US for over five years, your Social Security is taxed in the US. If you're sent to work in the US for less than five years, your Social Security is taxed in Spain. If you're hired in the US, you pay Social Security tax in the US.
Potentially. Whether you owe tax on any gains, and how much tax you owe, will depend on the tax rules in your country of residence. Some countries do not have CGT or an equivalence, while others may have higher rates. You should also check with a local tax specialist your local requirements.
Several European countries do not levy capital gains taxes on the sale of long-held shares. These include Belgium, Cyprus, Georgia, Greece, Luxembourg, Malta, Slovakia, Slovenia, Switzerland, and Turkey.
For Spanish tax residents in 2024, the tax rate starts at 19% for the first €6,000 of profit and increases to 21% for gains between €6,000 and €50,000, 23% for gains between €50,000 and €200,000, and 27% for any profit exceeding €200,000.
If you become a permanent resident of another country then the capital gains on the sale of stocks which are personal property will be sourced to the residence of the seller.
Section 54F of the Income Tax Act provides an exemption from long-term capital gains tax when the gains arise from the sale of a long-term capital asset (Long term asset can be defined like asset with holding period of 24 months or more except for listed securities where it is 12 months or more) other than a ...
How can I reduce capital gains taxes?
However, you may qualify to exclude your foreign earnings from income up to an amount that is adjusted annually for inflation ($107,600 for 2020, $108,700 for 2021, $112,000 for 2022, and $120,000 for 2023). In addition, you can exclude or deduct certain foreign housing amounts.
Want to lower the tax bill on the sale of your home? There are ways to reduce what you owe or avoid taxes on the sale of your property. If you own and have lived in your home for two of the last five years, you can exclude up to $250,000 ($500,000 for married people filing jointly) of the gain from taxes.
Long-Term Capital Gains tax rate is 12.5% and Short-Term Capital Gains tax rate is 20% or at slab rates as updated in Budget 2024. Profit on sale of capital assets such as land, building and stocks are subject to capital gains tax.