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A Spanish tax resident enquires about the tax consequences of selling a property in Colombia and whether benefits apply for disability or large family. The DGT responds that the gain may be taxable in both countries and that Spain must avoid double taxation by allowing a deduction for taxes paid in Colombia.
Question raised: Tax consequences of said sale as well as whether any tax benefit exists in the case of being a large family or having a disability exceeding 33 percent.
The capital gain from the transfer of real estate in Colombia may be subject to taxation in both Spain and Colombia according to the Convention. To avoid double taxation, Spain will allow a deduction for the tax paid in Colombia, not exceeding the portion of the Spanish tax corresponding to said income. There are no specific tax benefits for disability or large families for this type of gain, except for the exemption for reinvestment in a primary residence if the legal requirements are met.
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