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You can claim it back if you have no outstanding tax debts including Spanish CGT on the gain made on the property disposal. Usually, the 3% becomes part of the Spanish CGT liability which can be deducted from any UK CGT liability on the same gain. Take a look here and here for more information.
I hope this helps but let me know if you have any further questions.
Ye, it does. You need to complete boxes 37, 38 and 39 on page F6 of the SA106 Foreign oages.
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