CFR (Certificate of Fiscal Residence)
The Certificate of Fiscal Residence, are issued by the tax authorities of the different countries. This demonstrates the fiscal status of a person in reference to a particular country. A British national living on a permanent basis in Spain and submits a annual Spanish income tax return, will have, if requested, a positive Certificate of Fiscal Residence. The same will occur if a person resident in the UK with their income taxed in the UK, requests a certificate of fiscal residence for the UK. This certificate will be positive for the UK since this is the country where the person pays tax. This certificate should be requested if a British national, resident in Spain, submits a Spanish income tax return and is the owner of a property in Spain should they decide to sell the property. On the day of signing the title deed at the Notary office, the seller should present this “Certificate of Fiscal Residency” (this has to be requested either in person or by an authorized representative) The presentation of this certificate at the Notary office, will mean that the seller will be treated as a Fiscal Tax Resident for the purposes of the sale. Circumstances imply that the sale is conducted in such a way which would not be the case if the seller was not a tax resident.
UK Tax Refund SL can advise you on how to proceed, whether you are tax resident of Spain or not, preventing the estate agency with which you are conducting the sale of the property, perhaps through lack of knowledge and/or ignorance, giving the wrong information to the Notary resulting in the signing of the title deed in accordance to a residency status which is incorrect.
Doing things correctly is the best and easiest way to avoid problems in the future and to also prevent paying taxes which may not be correct.