Re: 183 day rule accountant help needed!
 

After reading all you messages on the 183 day rule could anybody tell me the date it starts and finishes

Thanks HPM

Re: 183 day rule accountant help needed!
 

As Concierge for the Spanish section of BE I would like to say hello and welcome.

BE is a very large expat website, so if you have problems finding your way around we have concierges who will try to direct you. The moderators for the Spanish forums are Mitzyboy and Fred James, moderators are there to ensure that the site runs smoothly within the rules of BE. Problems and complaints should always be addressed to a moderador who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are friendly and helpful with a wealth of knowledge of the issues of living in Spain. At the top of the page you will find a quirkily named thread called Free Beer which is full of important and useful information. Hope you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary

Re: 183 day rule accountant help needed!
 

Not sure I really understand the question but it is the SUM of all visits. That is, the day you enter Spain to the day you leave PLUS any other such visits within any one calendar year.

So, if you came for January, came again for June, July, August and September and then again for December, then that would total (about) 183 days.

Re: 183 day rule accountant help needed!
 

Thanks Snikpoh for your reply that's about the months I hope to come to Spain

Thanks HPM

Re: 183 day rule accountant help needed!
 

In which case, if you are going to be that close to 183 days you might be advised to make sure you keep below the limit to avoid any potential problems, however slight the risk might be.

Re: 183 day rule accountant help needed!
 

A friend of a friend has posed this question:

If someone who has already spent about 40 days this year staying with family in France and then spends about 5 months between France and UK will they have to fill in a residents tax return at the end of 2013?

Also will it be proof enough to keep all receipts as proof of absence from Spain.

As far as I know they have made the asset declaration 720 "under duress" so to speak, but then want to sort of reverse their situation for next year.

Re: 183 day rule accountant help needed!
 

If they have filled in the asset declaration they have effectively agreed that they were tax resident for 2012 and Hacienda will be expecting to see a corresponding income tax declaration for 2012.

As for the current year, if they don't spend 183 days in Spain then they will not be tax resident for 2013 but they will need to be sure that they can prove it required from receipts etc.

Better still, they should at least submit form 030 to change their tax status to non resident.

Re: 183 day rule accountant help needed!
 

I know may sound daft but how do thy know you have spent over 183days in spaian

Re: 183 day rule accountant help needed!
 

They don't but if the taxman decides to challenge your residency status it's up to you to prove that you were not in Spain for 183 days.

Re: 183 day rule accountant help needed!
 

If the taxman did find out you had been living permanent in Spain say for a few years claiming you were non resident, what would be the implications? Hypothetical question does not apply to me by the way.

Re: 183 day rule accountant help needed!
 

It rather depends if your income was enough to be required to submit a tax return.

If it was then you could end up paying 4 years back taxes, fines and interest.

Re: 183 day rule accountant help needed!
 

Thanks Fred I ask as a result of a conversation I had with someone last night. I am currently visiting my house and this pending declaration seems to have a few expats rattled.

Re: 183 day rule accountant help needed!
 

The reason im asking is that I may be over the 183 days by 5days is this a bad idea?

Re: 183 day rule accountant help needed!
 

It would make you tax resident. Whether that's a good or bad idea depends on whether you are happy with that or not. If you are not you can either ignore the issue and hope no one finds out or you can get out of Spain for 5 days. I hear Gibraltar is nice at this time of year:D:D

Re: 183 day rule accountant help needed!
 

We are tax residents in Spain all paperwork correct including green cert, Padron etc. We have two bank accounts both were non-resident and we went along to change them over when we had all the correct paperwork. One bank Popular did so quite happily and quickly. The other Solbank have not done to this day. What will the Hacienda, National Police think of that if they work it out? And more importantly what can we do about it to push them along? It really bugs me that we should try our best to do it right and are frustrated by disinterested? Bank clerks.

I seem to recall that each bank has an Ombudsman and the bank of Spain has a superior one but do we we have to start with the complaints book and escalate slowly or can we fire the big guns at the Bank of Spain straight away?