Talk Quesada forum

Posted: **Wed Nov 22, 2023 2:49 pm**

We are selling our property in the Comunidad Valencia and planning to move back to the UK in early March next year. We are both pensioners and are currently Fiscal residents (about 15 years) and both receive UK government pensions.
I have conflicting answers to my questions from 2 different accountants.
1) The first accountant informs me that I must remain resident for 183 days from January 2024 so that when the sale completes the Notary will not withhold 3% from the sale plus any capital gains I have made.
2) The second informs me that as long as I am still a Fiscal resident (form downloadable from Agencia Tributaria for proof?) on the day we sign at the Notary there would be no charges of the above 3% etc. even though we would leave for the UK during that same month of March. Therefore, in this scenario we would be here for less than 183 days in 2024 and could be classed as a non-resident?
Could anyone advise me of which accountant information is correct.
Thank you

Posted: **Wed Nov 22, 2023 4:22 pm**

I'm not sure about the questions you're asking. No doubt Marcliff may be able to answer. What I do suggest is you make sure your solicitor makes it clear that you are tax resident. My friend recently moved back to UK and almost 4,000 euros was taken out for tax even though she had residencia. Solicitor here is giving her constant excuses as to why its not being returned. Its causing her so much stress. I've heard of others who never get it back. Another thing is to not cancel your bank account until you have withdrawn all your money as some banks cancel and keep the funds. Good luck with it all.

Posted: **Wed Nov 22, 2023 4:27 pm**

Posted: **Wed Nov 22, 2023 4:33 pm**

Thanks so much Marcliff, hopefully you may be able to find out which accountant is correct

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Perhaps one for Marcliff?

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