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-   -   Castral value of UK property (https://britishexpats.com/forum/spain-75/castral-value-uk-property-948276/)

Ronnyone Jun 4th 2023 1:24 am

Re: Castral value of UK property
 

Originally Posted by bobd22 (Post 13196385)
I presume he puts in the income I've had into the box you mention. I honestly can't say as I pay him to do it for me. I give him all my income separate what income I've not paid UK tax on such as savings interest, premium bond winnings and UK state pension. I then list all income I have paid tax on the UK crown pension and rental Income. Majority of my income is crown pensions which I pay pay quite a bit of tax on. For the house my income is added to that and I pay the according amount of extra tax. State pension is dealt with by means of PAYE although is shown on my declaration for rental income. I just submit the information being as honest as I can and providing information I've been asked for. So far no issues but I am never sure and certainly no expert myself. Hopefully it continues issue free if anything crops up I will deal with it.

I know what you mean and I used to do it the same way- just gave him a breakdown of my income etc but last week my ex wanted to see if the information on her modelo was the same as mine and she found loads of errors. So yesterday I started to go through it to try and get this year right. So as far as I know I need to do two declarations: one for uk and one for Spain and both require a full breakdown of the costs on the rental. My ex says I need to include name and passport of tenant- which I knew was required but in uk people don't need to reveal that information ( according to agency) so I'm not going to press it. Anyway if anyone else knows anything please comment

bobd22 Jun 4th 2023 1:39 am

Re: Castral value of UK property
 

Originally Posted by Ronnyone (Post 13196391)
I know what you mean and I used to do it the same way- just gave him a breakdown of my income etc but last week my ex wanted to see if the information on her modelo was the same as mine and she found loads of errors. So yesterday I started to go through it to try and get this year right. So as far as I know I need to do two declarations: one for uk and one for Spain and both require a full breakdown of the costs on the rental. My ex says I need to include name and passport of tenant- which I knew was required but in uk people don't need to reveal that information ( according to agency) so I'm not going to press it. Anyway if anyone else knows anything please comment

I know before leaving UK we filled in an HMRC form re being non resident landlords. As for info re Tennant in UK that's not needed letting agent deals with Tennant side. To be honest I can't see why Spain needs information of UK Tennant especially info re passport details etc I think to be fair that's very intrusive. I've certainly never been asked for such detail. I see that you are complying with your ex wife's request fair enough. For myself as I've done what I've been asked to date and so far no issues I will continue as I do.

VEDShappy Jun 4th 2023 1:57 am

Re: Castral value of UK property
 
Mine is the same as Bob.

Crown pension & rental income declared net. No details of tenants. Not (yet) been a problem, 9 years so far.
This is the first year with a new Gestor and the details he requested were the same as the previous one.

bobd22 Jun 4th 2023 2:01 am

Re: Castral value of UK property
 
One thing re information re a UK Tennant and wanting information such as passport number or National Insurance number. As I mentioned earlier a letting agent will have some of that information I would guess to conduct the credit reference checks required before obtaining a tenancy. The landlord would not usually have such information other than if they were acting as letting agent. However even having such information I would think it would be covered under Data Protection. It has been passed to letting agent for a specific reason I credit reference check to obtain a tenancy. That information can't simply then be passed on in the UK let alone to a foreign country without permission . So you would need Tennant's permission to disclose that to Spain and I'm sure without asking I can guess what the answer would be, no chance. Different if letting a Spanish property in Spain as given the NIE/DNI goes on every bit of paper one touches and that would comply with Spanish law I don't see that being right re UK citizens renting a property in the UK that happens to be owned by someone living in Spain. Data protection ensures information is only passed on where authorised and legitimately required.

https://gdpr.eu/eu-gdpr-personal-data/?cn-reloaded=1

Ronnyone Jun 4th 2023 2:32 am

Re: Castral value of UK property
 
Okay so it looks like I should not be declaring my uk rent gross, deductions, tenant ID because I declare in UK? I should only declare the net amount? Admittedly I haven't ever used the program on the Sede site so I don't know how it works- I have just been using my old modelo as guides. All I can see is that in the section Bienes Inmuebles- you need to provide your Spanish home with castral etc. But then mine always has my UK property which requires me to say if its empty or occupied. I put 365 days in that box and then I have to complete all the rest of the fields. If I put zero in the box it then requires fields to work out the imputed tax. So now I am confused!!!

Mustard Jun 4th 2023 6:56 am

Re: Castral value of UK property
 

Originally Posted by bobd22 (Post 13196407)
One thing re information re a UK Tennant and wanting information such as passport number or National Insurance number. As I mentioned earlier a letting agent will have some of that information I would guess to conduct the credit reference checks required before obtaining a tenancy. The landlord would not usually have such information other than if they were acting as letting agent. However even having such information I would think it would be covered under Data Protection. It has been passed to letting agent for a specific reason I credit reference check to obtain a tenancy. That information can't simply then be passed on in the UK let alone to a foreign country without permission . So you would need Tennant's permission to disclose that to Spain and I'm sure without asking I can guess what the answer would be, no chance. Different if letting a Spanish property in Spain as given the NIE/DNI goes on every bit of paper one touches and that would comply with Spanish law I don't see that being right re UK citizens renting a property in the UK that happens to be owned by someone living in Spain. Data protection ensures information is only passed on where authorised and legitimately required.

https://gdpr.eu/eu-gdpr-personal-data/?cn-reloaded=1

That's an interesting thought regarding disclosing your tenant's NI number. When I complete my Spanish Modulo 100 and fill in the part about my UK rental income (Rentas Inmuebles), in order to claim the 60% allowance it is necessary to fill in the NIF of the tenant. If it was a Spanish property and a Spanish tenant then Data protection doesn't apply and I don't really see any problem in Hacienda having my tenants NI number.

In my opinion it's better to be taxed in Spain on rental income as the allowances are more generous than the UK. HMRC told me that all recipients of UK rental income must complete an annual UK tax return and you can't do it online. In my case, the income is below my UK tax allowance so I pay nothing and it's a waste of paper and time for HMRC.

Ronnyone Jun 4th 2023 7:13 am

Re: Castral value of UK property
 

Originally Posted by Mustard (Post 13196472)
That's an interesting thought regarding disclosing your tenant's NI number. When I complete my Spanish Modulo 100 and fill in the part about my UK rental income (Rentas Inmuebles), in order to claim the 60% allowance it is necessary to fill in the NIF of the tenant. If it was a Spanish property and a Spanish tenant then Data protection doesn't apply and I don't really see any problem in Hacienda having my tenants NI number.

In my opinion it's better to be taxed in Spain on rental income as the allowances are more generous than the UK. HMRC told me that all recipients of UK rental income must complete an annual UK tax return and you can't do it online. In my case, the income is below my UK tax allowance so I pay nothing and it's a waste of paper and time for HMRC.

So it sounds like you do the same as me and declare your UK rent on the section rentas inmuebles- which requires various things like castral , deductions, tenant and ID. And you also do the property section on the UK declaration but get the UK tax allowance so don't pay tax in uk. If we were taxed in uk would this mean we shouldn't fill out the renta Inmuebles and just declare a net income ?

Mustard Jun 4th 2023 7:24 am

Re: Castral value of UK property
 
Yes, it seems we are in the same position. If I were taxed in the UK ( but I'm not) then I would ask Hacienda or a competent Gestor what to do.

bobd22 Jun 4th 2023 8:03 am

Re: Castral value of UK property
 

Originally Posted by Ronnyone (Post 13196473)
So it sounds like you do the same as me and declare your UK rent on the section rentas inmuebles- which requires various things like castral , deductions, tenant and ID. And you also do the property section on the UK declaration but get the UK tax allowance so don't pay tax in uk. If we were taxed in uk would this mean we shouldn't fill out the renta Inmuebles and just declare a net income ?

An example of data protection. Before moving here I did some voluntary work for the NHS. I was bringing someone home from hospital in my car and while static in traffic someone drove straight into the back of me at speed writing my car off. I was uninjured but the passenger was injured and taken to hospital. They were clearly going to make a claim for injury. I was contacted by my insurer who asked did I have a passenger I said yes they were injured and taken to hospital. They wanted her details so I gave them. Next day NHS contacted me and asked how my insurer had got passenger details I said I gave them as they were injured and will claim off my insurance. They said you breached data protection I said how they legitimately needed the details and I had them? They said no you shouldn't have given them but referred them to us. So to me providing details of a UK Tennant to spanish tax authorities when the Tennant has nothing whatsoever to do with Spain must breach DP in my view.

bobd22 Jun 4th 2023 8:19 am

Re: Castral value of UK property
 
[QUOTE=Mustard;13196472]That's an interesting thought regarding disclosing your tenant's NI number. When I complete my Spanish Modulo 100 and fill in the part about my UK rental income (Rentas Inmuebles), in order to claim the 60% allowance it is necessary to fill in the NIF of the tenant. If it was a Spanish property and a Spanish tenant then Data protection doesn't apply and I don't really see any problem in Hacienda having my tenants NI number.
/QUOTE]

I'm sure you don't see any problem passing over you tennants details you are doing it to comply with Hacienda. However does your Tennant know that their details are being held on the Spanish tax authorities records and what do they think? Just doesn't seem right to me the Tennant has nothing whatsoever to do with Spain as you say it would be different matter if renting a property in Spain, NIE DNI routinely goes on any paperwork.

Mustard Jun 4th 2023 8:47 am

Re: Castral value of UK property
 
[QUOTE=bobd22;13196480]

Originally Posted by Mustard (Post 13196472)
That's an interesting thought regarding disclosing your tenant's NI number. When I complete my Spanish Modulo 100 and fill in the part about my UK rental income (Rentas Inmuebles), in order to claim the 60% allowance it is necessary to fill in the NIF of the tenant. If it was a Spanish property and a Spanish tenant then Data protection doesn't apply and I don't really see any problem in Hacienda having my tenants NI number.
/QUOTE]

I'm sure you don't see any problem passing over you tennants details you are doing it to comply with Hacienda. However does your Tennant know that their details are being held on the Spanish tax authorities records and what do they think? Just doesn't seem right to me the Tennant has nothing whatsoever to do with Spain as you say it would be different matter if renting a property in Spain, NIE DNI routinely goes on any paperwork.


Fair comment. I'll contact my letting agent tomorrow and tell them that unless my tenant specifically agrees to my disclosing their NI to the Spanish tax authorities ( with whatever dire consequences for them it entails ), I will lose a significant tax allowance and will be forced to increase their rent by a significant amount.

bobd22 Jun 4th 2023 9:10 am

Re: Castral value of UK property
 
[QUOTE=Mustard;13196487]

Originally Posted by bobd22 (Post 13196480)


Fair comment. I'll contact my letting agent tomorrow and tell them that unless my tenant specifically agrees to my disclosing their NI to the Spanish tax authorities ( with whatever dire consequences for them it entails ), I will lose a significant tax allowance and will be forced to increase their rent by a significant amount.

Or just tell Hacienda UK Tennant refuses to allow you to pass on their details🤔 I really think this is because it's common practice when letting spanish property. Two different standards and rules. I will just let sleeping dogs lie so to speak and if questioned deal with it then. Had no issues to date.

bobd22 Jun 4th 2023 9:23 am

Re: Castral value of UK property
 
Re UK tax submissions per HMRC/UK Government if living abroad and non UK resident you cant/shouldn't use the HMRC online submission. You either pay an authorised agent to do it online or submit by completing submission in hand and posting it to them.
https://www.gov.uk/log-in-file-self-...ent-tax-return

VEDShappy Jun 4th 2023 7:00 pm

Re: Castral value of UK property
 

Originally Posted by spainrico (Post 13196386)

Real Estate Income

According to the DTAs, any type of income received from a property at your disposal will be taxed at the State of Source, thus being where the property lies. This includes rental income and capital gains when selling.

For example, if you are a tax resident in Spain but rent out a property in the UK, you must pay UK tax to the HMRC.

If you are then obliged to present your annual income tax return in Spain because your income is over the thresholds, then you will be able to claim tax relief for the tax paid abroad and avoid double taxation.

https://expatsmagazine.org/double-ta...ents-spain-uk/

I complete my HMRC return online and have done for years.
Confirmation here that, once registered, this is acceptable
https://www.gov.uk/self-assessment-t...sending-return

snikpoh Jun 4th 2023 7:41 pm

Re: Castral value of UK property
 

Originally Posted by Mustard (Post 13196475)
Yes, it seems we are in the same position. If I were taxed in the UK ( but I'm not) then I would ask Hacienda or a competent Gestor what to do.

How come you are not tax liable in UK.

All UK rental income is taxed in UK and then declared again here. If the agent doesn't deduct tax for you, then you MUST do a self-assesment


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