At what age do you no longer have to pay capital gains?
The over-55 home sale exemption was a tax law that provided homeowners over age 55 with a one-time capital gains exclusion. Individuals who met the requirements could exclude up to $125,000 of capital gains on the sale of their personal residences. The over-55 home sale exemption has not been in effect since 1997.
You will not pay any Capital Gains Tax in Spain if: i) you sell the property within two years of the property ceasing to be your habitual residence. ii) you re-invest all of the gain you made on the sale within two years of the date of the sale.
As is the case in most countries, Spain levies capital gains tax (CGT) on the profit made from the sale of assets including real estate. Its rate ranges from 19% for Spanish and EEA residents to 24% for non-EEA residents.
Residential Indians between 60 to 80 years of age will be exempted from long-term capital gains tax in 2021 if they earn Rs. 3,00,000 per annum. For individuals of 60 years or younger, the exempted limit is Rs. 2,50,000 every year.
Current tax law does not allow you to take a capital gains tax break based on age. Once, the IRS allowed people over the age of 55 a tax exemption for home sales. However, this exclusion was closed in 1997 in favor of the expanded exemption for all homeowners.
The capital gains tax property six-year rule allows you to use your property investment, as if it was your principal place of residence, for a period of up to six years, whilst you rent it out.
For Spanish tax residents, the tax rate starts at 19% for the first €6,000 profit obtained and increases thereafter to 21% when the gain is between €6,000 and €50,000, 23% when the gain is between €50,000 and €200,000, and 26% for any gain over €200,000.
Estate agents' fees
These usually range from 4% to 7% of the sale price, plus VAT at the current rate of 21%. The estate agent's commission is paid when the deed is signed, once the total sale price has been received. This cost can also be deducted when calculating the taxable Capital Gain.
As the seller, you can expect to have to pay: Estate agency commission (typically between 3-6%) An energy performance certificate (between €150-€500) Capital gains tax if you are selling for more than you the price you originally paid (see below)
Capital gains obtained in Spain by non-residents without a PE are taxed at a rate of 19% when they are generated from transfers of assets otherwise they are taxed at the general NRIT rate of 24% (for residents of other EU member states or EEA countries with which there is an effective exchange of tax information, the ...
What are the pitfalls of buying property in Spain?
- Not Allowing Enough Time. ...
- Not Doing Enough Property Research. ...
- Not Being Financially Prepared. ...
- Not Having the Legal Registrations You Need. ...
- Not Reading the Contract. ...
- Not Researching Property Locations. ...
- Not Budgeting for Future Fees.
You do not have to report the sale of your home if all of the following apply: Your gain from the sale was less than $250,000. You have not used the exclusion in the last 2 years. You owned and occupied the home for at least 2 years.

Note: Section 194P of the Income Tax Act, 1961 provides conditions for exempting Senior Citizens from filing income tax returns aged 75 years and above. Conditions for exemption: Senior Citizen should be of age 75 years or above. Senior Citizen should be 'Resident' in the previous year.
However, for Senior Citizens the basic exemption limit is fixed at a higher figure of Rs. 3 lakh. Super Senior Citizens do not have to pay any tax or file return upto Rs. 5 lakh of annual total income.
Seniors, like other property owners, pay capital gains tax on the sale of real estate. The gain is the difference between the "adjusted basis" and the sale price.
- Invest for the long term. ...
- Take advantage of tax-deferred retirement plans. ...
- Use capital losses to offset gains. ...
- Watch your holding periods. ...
- Pick your cost basis.
For 2023, you may qualify for the 0% long-term capital gains rate with taxable income of $44,625 or less for single filers and $89,250 or less for married couples filing jointly. The rates use “taxable income,” calculated by subtracting the greater of the standard or itemized deductions from your adjusted gross income.
How do I avoid capital gains tax on property sale? A. If the sale occurs after 24 months of the purchase of the property, one can avoid paying the STCG tax. If you are holding the property for more than five years, you need to invest the gains to buy a new property.
You can sell your primary residence and avoid paying capital gains taxes on the first $250,000 of your profits if your tax-filing status is single, and up to $500,000 if married filing jointly. The exemption is only available once every two years.
The six-year rule allows you to avoid paying capital gains tax on the sale of your prior property if you vacate it, move into a different rental, and then rent out your previous residence before selling it before the six-year period has passed.
Do you pay tax on assets in Spain?
Yes, wealth tax in Spain is payable annually and is levied on the total net value of the assets registered on 31 December. Therefore, it is a tax that must be paid in the scheduled period each year as long as we are within the established scales.
Countries that do not impose a capital gains tax include Bahrain, Barbados, Belize, Cayman Islands, Isle of Man, Jamaica, New Zealand, Sri Lanka, Singapore, and others.
Expect to pay between 8% and 11.5% in taxes on a property purchase in Spain.
When selling a property in Spain you need to be aware of the payment of Plusvalia and Capital Gains Tax. The payment of Capital Gains Tax is between 19% and 24% and Plusvalia would be a percentage of the sale.
The funds for the purchase of any property in Spain need not come from a Spanish bank account, although that is certainly the most sensible way to proceed. What is important is that the source of the funds is clear and that the payment of the funds from buyer to seller is apparent from documentation provided.