Originally Posted by Rural Hungary

Thank goodness for that! Thought I was suffering from lack of clarity due to lack of

Yeoman, I think you best consult a solicitor for a definitive answer. Good luck

Originally Posted by richardmc

So do you know how to obtain your TAJ card? do you have to complete form S1
for UK to opt out of NHS.

Originally Posted by Rural Hungary

Most people call it a residency card - as in other EU countries, it is called a residency certificate - as it avoids confusion (like now). If you have a registration card, you have registered as resident.

Originally Posted by fidobsa

Yes, "Right of Residence" is a misleading description as you already have that right, simply by holding an EU passport.

Originally Posted by Yeoman

Wow. I'm sorry for banging on about this if it turns out I have missed something.
I'm perfectly open to believing I'm wrong on this, but what you are stating is contradictory to the governement links I have provided, and also it does not seem logical.
I have seen no government sites confirming what you are saying.


Where did you get this Hungarian quote from? Where can you find it written that ones status becomes "resident" after registering?
Just because the Hungarian words translate to "right of residence" isn't enough proof for me that one is legally a tax resident upon registering. I wonder if "the right of" is key in that sentence. Different from "you become" for instance.


It makes no sense whatsoever that there is a 'rule' stating: that one becomes tax resident of Hungary if one spends 183 days per year in Hungary. Yet you are stating that if one registers, one becomes tax resident? yesno?
Given one is legally obliged to register within 90 days, do you see how the "if one spends 183 days per year in Hungary" rule would become redundant...
Not logical to me.



Ok, so you are arguing I will be domiciled because of registration?
You are arguing the Spanish residents will be domiciled but not be tax residents?

Then I think you go on to contradict the above by saying I will be a tax resident. Or is this because of the specific scenario "because if you have no property in the UK and have property in Hungary"

http://en.wikipedia.org/wiki/Habitual_residence
Therefore given my specific scenario you are arguing that after registering I would become domiciled and a tax resident of Hungary?



If the laws are a grey area. I can settle at that, and I will take the least risky option.


I never suggested or inferred going against the 'rules'/'laws'. I'm challenging whether you both have got the 'rules' correct.


I'm not pig headedly arguing a point. You haven't provided me with clarity or any links / information to confirm what you are both saying, and I'm not sure you and Rural even agree on the points you are making?


Can you both answer these 2 questions yesno.
1) If I obtain the Hungarian registration card successfully do I become a tax resident of Hungary?
2) If I obtain the Hungarian registration card successfully do I become domiciled in Hungary?

Thanks for your time

Originally Posted by fidobsa

Yes, "Right of Residence" is a misleading description as you already have that right, simply by holding an EU passport.

Originally Posted by Mitzyboy

I'm not contradicting myself anywhere, and just because I haven't quoted any government sites doesn't mean I don't know what I am talking about in general for EU tax residency and domicile
You are confusing matters I think.

Originally Posted by Mitzyboy

In your particular scenario you said you would spend 9 months in Hungary and 3 in the UK. That means you have exceeded the time limit for tax residency and domicile residency so you would be both. Your habitual home would be Hungary as you have no home in the UK

Originally Posted by Mitzyboy

Its best not to use Wikipedia definitions for something like this though, dont you think

Originally Posted by Yeoman

Rural has actually been contradicting you and confusing me if you look back through the more recent posts. That's what I was referring to in regards to contradictions.

One last thing. You mention exceeding time limit on domicile residency above and you have stated "they are still domiciled residents because they have to be after 90 days." in reference to the Spanish expats in an earlier post.
But I don't think this is as clear as you make it sound. See http://www.hmrc.gov.uk/international/domicile.htm as posted before. Domicile seems to be purposefully more subjective than a fixed period of time as you mention. The wikipedia link on 'Habitual residence' seems the same.


Its the best link I could find. I probably don't fully understand the term but I assumed you used it in the same context as domicile after reading that wiki article. Its probably not the best description but if you have a better one, I welcome it to help my understanding further.

Originally Posted by Mitzyboy

not sure Rural and I are contradicting each other

You are referring to HMRC site for the domicile discussion. If you live (in this case) in Spain then its the Spanish authorities that decide when you become a resident.

Originally Posted by Mitzyboy

it shows you should do your research well before moving to another country

Originally Posted by Mitzyboy

In 2012/2013 I was a tax resident in the UK, yet I was deemed a domiciled resident in Spain because I spent more than 90 days there in that period.

Originally Posted by Yeoman

YES. This is why I am being annoying and asking millions of specific questions to get clarification on fundamental points.


Are you saying this >90 day time period is the factor in determining ones domicile?
Because as I said previously, time period is not the only factor, and it is much more complex than that according to the HMRC link.
Are you saying this >90 day time period is specific to Spain for domicile?

Also out of interest. How did you find out your domicile? On what documentation is it stated?