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ECONOMY

Do I have to pay tax when I sell my house?

Ask The Local: We have left Sweden and moved back to Ireland, selling our Swedish apartment. Since we won't be returning to live in Sweden, do we have to pay capital gains tax? John, County Galway, Ireland.

With Sweden’s housing market falling, paying tax on the profit you made on your apartment might feel like an increasingly distant dream for many.

Still, with prices having increased by an average of nearly 9 percent a year for every year between 1996 and 2007, lots of people are still left with a hefty profit when they sell, despite the recent price falls.

When you sell a house or apartment (bostadsrätt) in Sweden you are liable to pay capital gains tax of 22 percent on any profit you make. However, you can postpone payment of this tax indefinitely as long as you use the money to buy another home in Sweden. If you sell that home and buy another home, you can continue to postpone paying capital gains tax on amounts up to 1.6 million kronor. If, however, you sell without buying a new home (for instance if you rent a home instead), you will have to pay the tax you owe.

In order to qualify for this postponement, your new property must have been bought by the end of the tax year following the sale of your previous home and you must be registered as living in the new property by May 2nd the following year.

There have been two significant changes in the law this year: following protests that the rule hindered the free movement of labour, Sweden was recently forced to offer the same deal to people selling homes in Sweden and moving elsewhere in the EEA (the EU, plus Iceland, Liechtenstein and Norway).

This means that John will be able to postpone payment of capital gains tax, as long as he uses the proceeds of the sale of his Swedish apartment to buy a new home in Ireland.

But taking advantage of the postponement will require a bit of work from John. People who have moved to another country and taken advantage of this postponement are obliged to contact the Swedish Tax Authority before May 2nd every year to confirm that your situation has not changed.

They also have to inform the authority if they move again: in other words, the price of postponing the tax payment is a lifelong relationship with the Swedish tax authority. In order to be granted the right to postpone tax payment you have to provide the Swedish authorities with the title deeds for your property and evidence that you actually live in it.

However, buying a home abroad means you don’t have to pay ‘interest’ on the postponed tax. This ‘interest’ is technically a tax of 0.5 percent per year on the taxable capital. The government imposed this interest earlier this year on anyone postponing payment of capital gains tax. However, as Sweden doesn’t have the right to tax people not resident in Sweden, people in John’s position are not obliged to pay.

If you move from Sweden to a country outside the EEA you cannot postpone payment of capital gains tax on your Swedish home. To clarify: if you sell a Swedish home and move to, say, Australia, you are obliged to pay the full amount of capital gains tax and cannot make a postponement.

If you find you have to pay capital gains tax, you can reduce your liability by deducting certain costs. Among permitted deductions are recent significant improvements to the property (including repairs carried out by your tenants’ association if you live in a tenant-owned ‘bostadsrätt’ apartment), and certain other costs associated with selling your property.

For the increasing number of people who make a loss on selling their homes, the tax system provides some crumbs of comfort: fifty percent of any capital loss is tax deductible.

PROPERTY

How to ensure your French property is insured for storm damage

Storm Ciaran’s property-wrecking passage through France - with another storm forecast for the weekend - may have many people wondering how comprehensive their insurance cover is. 

How to ensure your French property is insured for storm damage

In the wake of Storm Ciaran, thousands of property owners in France are preparing insurance claims – with initial estimates of the bill for damage between €370 million and €480 million.

Home insurance is compulsory in France, whether you own the property you live in or you rent – and it must include some level of storm damage cover. 

Check also to see if your insurance provides cover in case of a declaration of a catastrophe naturelle.

The garantie tempête (storm guarantee) covers damage caused by violent winds. What constitutes a ‘violent wind’ varies from contract to contract, but there appears to be a widespread consensus of agreement on wind speeds over 100km/h.

In most insurance contracts, this covers damage caused by the storm and within the following 48 hours – so you’re covered if, for example, a tree weakened by the storm comes down within that period and damages your property.

Be aware that, while the storm guarantee automatically covers the main property, it generally only covers any secondary buildings and light constructions – such as a veranda, shed, solar panels, swimming pool or fence – if they are specifically mentioned in the contract. 

The same is true of any cars damaged by debris. A basic insurance contract might not include storm damage, so it is always worth checking.

Damage must be reported to your insurer as quickly as possible. The deadline for making declarations is usually five days after any damage is noticed. This is especially important for second home owners, who may not be at the property when the damage occurs. 

In some cases – such as in the aftermath of Storm Ciaran – insurers may extend the reporting period. But under normal circumstances, it’s five days after the damage has been discovered.

What happens next

To make a claim, the first thing to do is contact your insurer by phone or email. Your insurer will take you through the next steps, but usually you have to send in a declaration – which should include an estimate of any losses and for any repairs, with evidence where possible, such as photographs and any receipts for purchases. 

Your insurer may also request proof of wind intensity, which can be provided for example by a nearby weather station.

The insurance company may appoint an expert to come and assess the damage, so make sure to keep damaged property safe until they arrive, as well as all invoices for any urgent repair work. 

What if you’re a tenant?

If you rent your property, you must report any damage inside the accommodation to your insurer and also notify your landlord so that they can file their own claim. 

In the case of a co-propriete, you must declare damage inside the accommodation to your insurer, while the trustee sends his own declaration to the collective insurance (which sometimes covers the private areas) .

How long does it take for claims to be settled?

Payment of the compensation provided for by the “storm guarantee” depends your home insurance contract. After the insurer has estimated the amount of damage, compensation is generally paid between 10 and 30 days following receipt of the insured’s agreement.

What if we got flooded?

In the case of flooding, you may have to wait for a natural disaster order to be issued. 

Catastrophe naturelle

The ‘state of natural disaster’ is a special procedure that was set up in 1982 so victims of exceptional natural events, such as storms, heavy rain, mudslides and flooding, as well as drought, can be adequately compensated for damage to property.

The government evaluates each area and deems whether it qualifies for the status of catastrophe naturelle (natural disaster). 

Essentially once a zone is declared a natural disaster, victims can claim from a pot of funds created by all insurers. If the zone is not declared a disaster, insurance companies are under no obligation to pay out. 

Under a “state of natural disaster” residents are covered for all those goods and property that are directly damaged by the phenomenon, in this case storms.

It applies to residential or commercial buildings, furniture, vehicles and work equipment that are already covered by insurance policies.

Homes must be already covered by a multi-risk insurance policy for the status of natural disaster to count.

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