--- title: Spanish CGT Rebate date: 2018-08-09T15:05:00+01:00 author: Bob Andrews canonical_url: "https://www.assetsure.com/homes/holiday-home-cover/spanish-cgt-rebate/" section: News --- Our Customers Love Us! Holiday Home Insurance [Trustpilot](https://uk.trustpilot.com/review/assetsure.com) ### Get a Quote. Choose from our range of insurances below [Home](/) › [Property Insurance](https://www.assetsure.com/homes/) › [Holiday Home Insurance](https://www.assetsure.com/homes/holiday-home-cover/) › [Spanish CGT Rebate](https://www.assetsure.com/homes/holiday-home-cover/spanish-cgt-rebate/) # Spanish CGT Rebate ## Capital Gains Tax Rebate for Previous Owners of Spanish Holiday Homes During the last 20 years the price of holiday homes in Spain have enjoyed an unprecedented boom, with values reaching a peak in 2007. Many UK residents though decided to dispose of their property and were subject to capital gains tax, levied by the Spanish government. If you were previously the owner of a holiday home property in Spain and disposed of the property between 1997 and the end of 2006, you would have paid 35% capital gains tax on the sale whereas Spanish residents only paid 15% tax. Many thought this was unfair and The European Court of Justice have now confirmed legal arguments put forward by a Spanish lawyer, representing a larger number of sellers that this difference in the amount of tax charged, contravenes European Community Treaty discrimination rules and should not have been charged at this level. It is thus probable, that providing you meet the requirements, you may be able to reclaim the excess tax paid, plus interest on the excess. It is thought that an average claim will be in the region of £13000. It is estimated that as many as 90000 people may be eligible to make a claim. However it must also be remembered,, it is not easy to calculate exactly how much you will receive as you still have to allow for CGT in Britain. Under UK tax rules, if you are taxed at a lower amount overseas than you would have paid here, then you have to pay The UK taxman the difference, thus, once you receive your refund from the Spanish you may have to hand some back to HM Revenue & Customs. The first step is to calculate if you qualify, to do so, you must meet the following criteria. 1. You should have sold your Spanish property anytime between January 1997 and December 31st 2006. 2. You were not a fiscal resident in Spain, when you sold the property. 3. You have in your possession or you can obtain a copy of Spanish Tax form’ Modelo 212 and or 211 proving that the capital gains tax was paid. 4. You have in your possession or you can obtain a copy of your purchase and sales deeds. Of course like most claims of this nature, it is not straightforward and you will need to register your interest as soon as possible as all claims must be submitted within 12 months of the ECJ ruling. Some cases, will of course be rejected and if so, (for what ever reason), they cannot be re entered at a later date. It is thus of paramount importance that you obtain professional advise with a specialist Spanish tax solicitor familiar with International laws and court procedures. > This article was correct at the time it was written. ## Latest News & Advice [![Spanish Rental Property](/assets/uploads/images/_800x405_crop_center-center_none/assetsure-banner-plain.jpg)](https://www.assetsure.com/homes/holiday-home-cover/spanish-rental-property/) ### [Spanish Rental Property](https://www.assetsure.com/homes/holiday-home-cover/spanish-rental-property/) For many people, buying a Spanish Rental Property is the first step to moving on a permanent basis, often people will spend part of the year at their Holiday Home and for the rest of the time it is empty. Renting out your own home can help pay the bills especially if you have a mortgage on the property to contend with. Spain is a very popular tourist destination and with the right amount of advertising, you may find renting your property to be quite easy.... [![Spanish Property Contracts](/assets/uploads/images/_800x405_crop_center-center_none/assetsure-banner-plain.jpg)](https://www.assetsure.com/homes/holiday-home-cover/spanish-property-contracts/) ### [Spanish Property Contracts](https://www.assetsure.com/homes/holiday-home-cover/spanish-property-contracts/) With all the talk about house prices in Spain we thought it would be a good idea to run over a few tips for purchasing a home and some things to look out for. The housing market in Spain is a bit up and down at the moment so take your time before you rush in to any purchases. The golden rule of purchasing from a selection of apartment rentals in spain is never sign any legal document until you have had it checked over by your solicitor.... [![Spanish Apartment Insurance](/assets/uploads/images/_800x405_crop_center-center_none/Holiday-home.jpg)](https://www.assetsure.com/homes/holiday-home-cover/spanish-apartment-insurance/) ### [Spanish Apartment Insurance](https://www.assetsure.com/homes/holiday-home-cover/spanish-apartment-insurance/) The purchase of Apartments in Spain has become very popular, prices have been increasing steadily and more and more people (first time buyers mainly) are buying Apartments as a means of getting on the ladder. Apartments are seen as a good bet, they are more affordable, you can use them for your family holidays and if they are correctly sited, you can obtain a good rental income to help pay the bills.... 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