declaring at the tax office for the first time and capital gains rollover

Hi guys,

If a British “resident” (ie, lived in Spain for more than 183 days per year with a NIE card) who has lived and owned a property in Spain since 2002 declares at the tax office for the first time (in order to get a tax certificate so they would be capital gains excempt when they sell their main residence property and reinvest all the proceeds within 2 years into another property), would they be....

1) liable for just the previous year (e.g. 2009)
2) liablie for the past 5 years as this is their first time declaring
3) are there any additional taxes apart from the local tax (IBI) and refuse tax (basura) that could be owed?
4) when at the notary at the point of sale, will the notary ask the seller for just his NIE card/certificate or a tax certificate as well?
5) Will just one delcaration at the tax office be sufficient enough to be classed as a "fiscal resident" in order to be elegible for capital gains rollover (if all sale money reinvested) or is it 3 years?

Any responses much appreciated.  Thanks.

My view is that, in 5 posts, you have asked many questions that you NEED a lawyer to answer, Debby. I answered some points in one of your other posts & was not replied to, likely because you didn't like what I said.

Find a lawyer, what you are wanting to know needs one. At the end of the day you have chosen not to declare earned income, however little you say it was & that, unfortunately, seems to have got you into this situation. I don't enjoy paying tax, who does?

Hi Morerosado,

I think I could do with some rosado myself actually, with all this stuff going round in my head!

Apologies for not responding back to you before.  I appreciate and have appreciated your time responding to my repetitive and annoying questions.  I was hoping that I could work this out without going to a professional but as I've asked more questions and received more answers from various people, it's very clear that I will need a pro to help me.

You'll be pleased to know that I won't be asking any more questions about tax declaration or capital gains tax, however, that doesn't mean I won't have questions on other topics to keep you busy!

Once again, thanks your your help and advice.