A court decision in Spain has opened the way for thousands of UK citizens to reclaim some of the tax they paid when they sold their homes here. The High Court in the province of Valencia has ruled in favour of a British couple, Mr and Mrs Roy. The verdict forces the Spanish tax authorities to refund them the difference, they were charged a capital gains tax levied at 35% instead of 15%.
The court considered the law which was in force for many years was “discriminatory”. This verdict could be a first step in favour of people who sold their homes in Spain but who were officially non-resident, they were taxed at 35% of their profits rather than at the 15% rate applied to Spanish nationals.
