Go Back  British Expats > Living & Moving Abroad > Europe > Portugal
Reload this Page >

Snowbird visa options arriving via Spain.

Snowbird visa options arriving via Spain.

Old Feb 21st 2021, 2:41 pm
  #61  
BE Forum Addict
 
Joined: Mar 2008
Posts: 1,683
wellinever has a reputation beyond reputewellinever has a reputation beyond reputewellinever has a reputation beyond reputewellinever has a reputation beyond reputewellinever has a reputation beyond reputewellinever has a reputation beyond reputewellinever has a reputation beyond reputewellinever has a reputation beyond reputewellinever has a reputation beyond reputewellinever has a reputation beyond reputewellinever has a reputation beyond repute
Default Re: Snowbird visa options arriving via Spain.

Originally Posted by appman999
Tax residence in Portugal is not just based on days. See FAQ 05-3286 on AT website. (Particularly relevant to Portuguese spouse and/or property owner)

Tax residence in the UK is is also not just based on days, but determined by the Statutory Residence test .

In both cases over 183 days you will certainly be considered a tax resident but less than that (as Bomber's example) you may still depending on your other circumstances.

Don't know what happens if you spend 4 months each in different countries?

Maybe I'll start a new thread on tax residence.

So does the UK EHIC cover you to be out of the UK for almost 6 mnths at a time?
wellinever is offline  
Old Feb 21st 2021, 2:59 pm
  #62  
BE Enthusiast
Thread Starter
 
Joined: Feb 2019
Posts: 417
appman999 is an unknown quantity at this point
Default Re: Snowbird visa options arriving via Spain.

The GHIC doesn't mention any time restraints other than it should be for temporary stays abroad.
appman999 is offline  
Old Feb 21st 2021, 4:32 pm
  #63  
BE Enthusiast
 
Joined: Mar 2019
Posts: 848
Lou71 has a reputation beyond reputeLou71 has a reputation beyond reputeLou71 has a reputation beyond reputeLou71 has a reputation beyond reputeLou71 has a reputation beyond reputeLou71 has a reputation beyond reputeLou71 has a reputation beyond reputeLou71 has a reputation beyond reputeLou71 has a reputation beyond reputeLou71 has a reputation beyond reputeLou71 has a reputation beyond repute
Default Re: Snowbird visa options arriving via Spain.

Originally Posted by Bomber Harris
The way I read it all is that the spouse of an EU citizen has the same rights as the EU citizen but a visa MAY be required if they are not travelling with the EU citizen, and of course Schengen rules do not apply to EU citizens.
Oh good, that could mean that my partner will benefit from my having an Irish passport when we travel outside Portugal where we are both resident.

Does this mean that, for example, spouses and civil partners of EU nationals travelling directly from the UK to an EU state with said EU partner can go through the EU channel and avoid all the third country hassle and be exempt from all the third country restrictions?
Lou71 is offline  
Old Feb 21st 2021, 5:00 pm
  #64  
BE Forum Addict
 
Joined: Jan 2011
Location: Tunbridge Wells KENT
Posts: 2,914
Pistolpete2 has a reputation beyond reputePistolpete2 has a reputation beyond reputePistolpete2 has a reputation beyond reputePistolpete2 has a reputation beyond reputePistolpete2 has a reputation beyond reputePistolpete2 has a reputation beyond reputePistolpete2 has a reputation beyond reputePistolpete2 has a reputation beyond reputePistolpete2 has a reputation beyond reputePistolpete2 has a reputation beyond reputePistolpete2 has a reputation beyond repute
Default Re: Snowbird visa options arriving via Spain.

Originally Posted by appman999
Tax residence in Portugal is not just based on days. See FAQ 05-3286 on AT website. (Particularly relevant to Portuguese spouse and/or property owner)

Tax residence in the UK is is also not just based on days, but determined by the Statutory Residence test .

In both cases over 183 days you will certainly be considered a tax resident but less than that (as Bomber's example) you may still depending on your other circumstances.

Don't know what happens if you spend 4 months each in different countries?

Maybe I'll start a new thread on tax residence.
I agree with your comments here which is why my travel spreadsheet (Yep! Final year of going nomad or at least trying to) which has become necessary for 2021 due to the sheer number of flight and accommodation cancellations that I have had, also includes the number of days in various jurisdictions for the 90 in 180 rule and other immigration stay limits, such as Morocco (also 90 days) and for the SRT, to make sure I don't accidentally overstay in the UK due to border controls and trigger tax residence too early when I claim split-year treatment.

As I see it, you only have to routinely stay in the UK for just 91 days and if you have a place that you can rest your head as you need it and use it, you will be tax resident because of the accommodation tie and 90 day tie and the fact that it is your routine so it was the same in the previous tax year.

Likewise, if you own a place in Portugal and routinely spend time sufficient that it can be called your permanent residence, even if in one year you spend only about four months there, they will come after you as tax resident.

If the balance of your time (4+ months) was spent in France, the French could also come after you for tax as you spent more time there than anywhere else, even if it's in a hotel.

Is anybody going to know your details? Well they might do now that there is a disclosure requirement for the 90 in 180 rule when you enter the Schengen area.

People were always asking for sight of my passport, even when we were still in the EU.

Hence a spreadsheet could be useful.

Last edited by Pistolpete2; Feb 21st 2021 at 6:07 pm.
Pistolpete2 is offline  
Old Feb 21st 2021, 8:11 pm
  #65  
BE Enthusiast
Thread Starter
 
Joined: Feb 2019
Posts: 417
appman999 is an unknown quantity at this point
Default Re: Snowbird visa options arriving via Spain.

If this were a thread about tax residence I should now refer to the 1968 Portugal-UK Double Taxation Convention.

The important clause for those of us lucky enough to have homes in both the UK and Portugal is Article 4 Clause 2(a),
'(2) Where by reason of the provisions of paragraph (1) an individual is a resident of both Contracting States, then his status shall be determined in accordance with the following rules:
(a) He shall be deemed to be a resident of the Contracting State in which he has a permanent home available to him. If he has a permanent home available to him in both Contracting States, he shall be deemed to be a resident of the Contracting State with which his personal and economic relations are closest (centre of vital interests);'
appman999 is offline  
Old Feb 21st 2021, 8:22 pm
  #66  
Polished expat
 
Red Eric's Avatar
 
Joined: Jul 2014
Location: Arcos de Valdevez "Onde Portugal se fez"
Posts: 16,803
Red Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond repute
Default Re: Snowbird visa options arriving via Spain.



Exactly. I think a lot of people misunderstand or ignore the reasons that there are various criteria for determining where someone is tax resident.

Although obviously that's not terribly relevant to the subject of this thread.
Red Eric is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.