Cancelling residency at an alternative office.
 

I must cancel my permanent residency. I have an appointment with a police office but it is not the one I originally registered with. The reason for the alternative office is because my original office must be overwhelmed and has not issued appointments for weeks and I need to get it done.Will I have a problem?

Re: Cancelling residency at an alternative office.
 

I'm sure there'll be no problems at all if it's in the same province.

Re: Cancelling residency at an alternative office.
 

It's not, unfortunately. Only one in this province. It's next door.

Re: Cancelling residency at an alternative office.
 

Ah... maybe you should ring ahead to check first or go round in person and ask before the day you've got the appointment. And then cancel the appointment if they can't do it.

Re: Cancelling residency at an alternative office.
 

Can your issue only be sorted at the police station or is the extranjeria (or ajuntamiento) an option? Are you able to do an online "cita?"

Re: Cancelling residency at an alternative office.
 

Why do you need to cancel your residency? If your TIE was issued under the “Withdrawal Agreement” you can keep your residency status without having to be in Spain permanently.

Re: Cancelling residency at an alternative office.
 

Keeping the residency would surely cause issues regarding taxation.

Rosemary

Re: Cancelling residency at an alternative office.
 

The TIE gives you the right to reside in Spain. It is not directly connected to taxation. That depends on how long you spend in Spain. A visa like the NLV gives residency rights but it also requires you to reside in Spain for more than 183 days which would make you tax resident. Another example is a Golden visa which requires only one day a year in Spain and certainly does not make you tax resident. Pre-Brexit residents have very generous rules about how long they can be away particularly if they had permanent residency status. Unless I was very certain that I would never again wish to live in Spain, I would not relinquish my TIE. It even gets you round the 90 day rule if you decided to become a long stay non resident.

Re: Cancelling residency at an alternative office.
 

Point taken. Thank you.

Re: Cancelling residency at an alternative office.
 

I believe that not cancelling your residency per se can lead to problems with tax. My Spanish lawyer was quite adamant that if I wished to not to be a tax resident I needed to fill out a particular form for the hacienda and cancel my residency. I said surely not- if I am back in UK for say 2 years I am no longer a Spanish tax resident but he claimed that if I was doing it to sell my UK house and not pay CGT then Spain could sayy centre of economic interest was still in Spain unless I could say " But I no longer have Spanish residency". Anyway that was his take on things. Probably a bit of a grey area
I should add that this was to do with my son who has gone to UK for university. The lawyer said we need to cancel his residency or the tax man can enquire about tax declaration and 720 etc. I said, I can't be bothered to do all that ...he no longer lives in Spain and is not a dependent but lawyer seemed to think that Spain will still regard him as some kind of resident. The worse that happens is black envelope.

Re: Cancelling residency at an alternative office.
 

Yes, a belt and braces measure. I'm of an age that a return for any length of time is not on the cards.

Re: Cancelling residency at an alternative office.
 

Regarding taxation, the only way to be sure that Hacienda has reclassified you as non-tax resident is to get the tax office in the country you are now resident in to give you a certificate of tax residency. Giving that certificate to Hacienda should sort it out.

Re: Cancelling residency at an alternative office.
 

Thanks again Fred. So it sounds like keeping the TIE and waiting until I can get a cert of tax residency from HMRC, attaching it to Modelo 30 then submitting them together is a workable option?

Re: Cancelling residency at an alternative office.
 

That should work. Luckily the Spanish Declaration date is after the HMRC date so with a bit of luck you should be able to sort it without paying twice. I reckon that cancelling your TIE wouldn't make any difference, Hacienda would probably still insist on an HMRC certificate. As the HMRC one told me "we will not let you off our hook until you prove you are on someone else's hook! I suspect Hacienda will have the same attitude.

Re: Cancelling residency at an alternative office.
 

:rofl: