donein

snikpoh

Are you a state pensioner? If so, then make sure you get an S1 form from DWP before applying. Some will say fon't bother registering but you really should.

Your state pension should be enough income but having money in the bank as well can only help.

No, in all likelihood they will not have interpreters there. Either get the help of a gestor or take an interpreter with you.

donein

bfg69bug

But snikpoh, can a person legally be a Resident of two countries?

Or would that involve de-registering in spain then re-registering in the uk when they go back there? And then re-registering here again next time, all the time satisfying the requirements of residencia?

Fred James

The rules for residency differ between countries, especially the UK. Also, it depends on what you mean by residency. There are really two types of residency situation. If you spend more than 90 days in Spain, you are legally obliged to register as a foreigner who wishes to spend more than 90 days in Spain. The normally accepted meaning of residency is that you are tax resident and pay taxes in Spain. The rules that determine tax residency is that if you spend over 183 days in one calendar year in Spain you are tax resident (there are also some other reasons why you may be deemed tax resident). This rule is not connected with the rules on registration for stays over 90 days, as that refers to the continuous periods whereas the tax rule is for non consecutive days.

So, you can be in a situation where you are tax resident in Spain, but not resident under the 90 day registration rules if you only ever spend no more than 89 consecutive days in Spain.

Are you confused yet? If not it gets worse. The UK rules on tax residency are entirely different and extremely complicated. It is possible to be considered tax resident after spending only 16 days in the UK. That's before we start talking about "ordinary" residence and "not ordinarily resident" and on top of that the UK has a thing called "domicile" which also affects your tax situation.

So, to answer your question, yes, it is possible to be (tax) resident in two countries. If that happens, you do not necessarily pay tax twice on the same income, but if you do, the amount paid in one country can usually be offset against the tax paid in the other country. Usually one of the two countries will be classed as your primary tax residency and there is another whole set of rules to determine which country has first pick of the tax due. Luckily HMRC in the UK has a tax treaty with Spain (and most other countries) that helps sort out exactly where your income is taxed.

Angus1

Fred, you say that the 90 day rule 'registering as a foreigner' process is not the same as the tax residency process but I have read in many places that once you have registered, which is effectively a residency application that is initially temporary but can then become permanent after 5 years, then by the mere fact that you have applied for residency you are required to stay for more than 183 days and become tax resident, unless you cancel that residency before you leave. I've seen this stated in quite a few places and it never made sense to me as it seems to exclude anyone, like me, who just wants to stay for between 90 and 180 days, as I don't really want to have to apply and cancel every year and pay gestors or solicitors great sums to help me do so.

So many people giving advice seem to have trouble being clear about these things but your answers give the impression that you are one of the few who knows what they are talking about so I'd really value any clarification you can bring to this murky soup of rules.

m2m2012

Fred, if someone were to spend 88 consecutive days in Spain then visit Portugal, France or Gibraltar for a couple of days then return to Spain would the 90 day clock reset to zero?

Angus1

I hope he says yes because I have just arranged a week in Portugal to reset the 90 days that I don't really want as it is money I really don't want to spend!

EsuriJohn

Fred James

breakfasttea

Fred James

Residency is dealt with by the Policia Nacional. It has nothing to do with the town hall. The only time they do anything related to residency is signing you on to the Padron.

el collado kid

I am sure you can go online when booking an appointment for your chosen area, and it will tell you all the requirements needed.I would say take an interpreter with you to if your spanish is not good enough.

Fred James

Signing onto the register of foreigners is required if you wish to stay for more than 90 days. It "usually" signifies that you intend to stay much longer and if you do, then, ultimately you would become tax resident. All it does is give you the right to stay for more than 90 days. You retain that right unless you spend over 6 months out of Spain. So, you can see that it is possible to be registered, but never exceed the 183 day rule for tax residency.

OK, that's a bit unlikely but it is possible, that's why you do not automatically become tax resident by registering. That said, it is easy for the tax office to check whether long term registered foreigners have paid any tax and if not, they will be in touch to ask why. This is happening at the moment.

breakfasttea