agree_to_disagree

I was tax resident both in the UK and Spain under the so called ‘Beckham Law’, but that ran out after 6 years, unfortunately.

I have also an ISA in the UK and as and as you suggest offthepiste, it will be liable for tax in Spain, when I eventually decide to dip into it.

For the moment I am holding onto it, as one never knows and I could end up living in the UK one day again. One thing I will point out is that all dividends remain within the ISA account as does any capital gain. I have not as such withdrawn any money from the ISA account. I do declare the ISA on my 720 but I do not pay capital gains tax or tax on dividends, to the Spanish government.

Does anyone know if there is a tax free threshold for income from UK investments. For example, you pay reduced or no tax on the first say 2k or 5k of capital gain/dividends? Wishful thinking perhaps....

bobd22

Going back to OP question. I mentioned earlier I pay tax in both UK and Spain but put a declaration in to both countries every year. From the OPs post I read that as saying they don't wish to become involved in Spanish tax. In that case stay non Spanish resident no TIE and abide by 90. Day in 180 rule. Or keep TIE and be Spanish resident submitting tax declaration. That's how I see it. One should not simply think you can use the TIE card without any implications to avoid the 90/180 rule. You may get away with it for a while but at some point Hacienda are going to ask where the tax declaration is? Good luck sorting that out. Easier just to stay right side of the system.

bobd22

They are yes and there are specific types of visas for that but to benefit conditions must be met. As Fred says I don't see the other Schengen signatories simply lowing Spain to have one simple rule change that benefits them. If they did let's face it Spain would be no 1 place to by a holiday home in the EU for Brits, Spain would have a huge advantage over the other countries.I don't see EU agreeing to that. Specific visas maybe.

stevesainty

Any of the countries within the EU can, independently, make a bilateral agreement with Britain to allow British citizens to visit Spain for 6 months, if nothing else to recipricate the 6 months allowed for EU citizens to visit Britain.
It has nothing whatsoever to do with the Shengen agreement which is an agreement to allow open borders for other EU members.
If such agreement/s were made then UK citizens would be able to use their Shengen allowance to visit other European countries.
Spain already has bilateral agreements for visa free travel to Spain with other countries not in the EU.

Red Eric

Getting one of the new residence cards is not supposed to reset the clock on your existing span of residence :
Questions and Answers – the rights of UK nationals under the Withdrawal Agreement : Member States operating a declaratory residence scheme

Those residence rights that are being protected in the WA do not, under the system that Spain (and Portugal and others) chose, depend on any documentation to confirm those rights - they exist through our having exercised our FoM rights prior to the end of the transition period, and remain as defined in the treaties. In your case you should only have 2.5 years to go before acquiring permanent resident status, regardless of the period of validity of that card,

Chipmonk

I have just posted about this as I have been told I cannot replace my card for permanent even though in a month II will have 5 years. How do we prove to authorities we have permanent residence if we have no way of getting that documentation ? At least the green card said when you first got residency!!!

Fred James

The "authorities" will know your exact residency status. The difference between the two residency statuses is pretty small and mainly about length of absence. I cant see why anyone would desperately need to have proof of that.

With the green form, it was not necessary to change it to a permanent one as you would be recorded as permenent when you exceeded 5 years. You did have the option to change it if you wnanted to.

bobd22

I too was of the belief that exchanging green certificate for TIE didn't re set the clock. I actually expected expiry date on TIE would be 5 years from obtaining my TIE. I read somewhere that you could exchange for permanent 5 years from your initial resident date but as Chipmunk says actually doing that is a different matter. To be honest it has no affect on my situation.

bobd22

Yes there are visa free agreements for entry isn't UK exempt need for a visa to enter EU? But the Schengen rules still apply? Genuine question . You can have visa free entry but must comply with Schengen rules ? Is that not why ETIAS is going to be introduced. I may well be wrong if I am then I really can't see purpose of the Schengen 90 in 180 day rule.

stevesainty

The Shengen 90 days in 180 are a general rule for 3rd country Nationals, ie for those without a bilateral agreement to the contrary, in which case the Shengen rules would only apply to any time spent in another EU country.

Red Eric

As I understand it, even with the provisions of these bilateral agreements, permission to remain beyond 90 days must still be requested as the 90 days expires.

agree_to_disagree

https://www.spainenglish.com/2021/11...-figures-jump/

Joppa

Let's take an example of Australia, which has a number of bilateral agreements with Schengen countries including Spain. These deals were concluded prior to the establishment of Schengen Agreement so exit independently of Schengen regulations. They allow Australian visitors to stay 90 days/3 months in a country, independent of whatever Schengen Agreement allows. So Aussies can combine 90 days from Schengen and 90 days from bilateral agreement to stay a total of 180 days, but to do this properly, and to avoid any conflict with Schengen rule, visitors are required to use up the 90 days of Schengen stay first (it can be spent wholly in Spain), then leave the Schengen area and re-enter Spain, but under the provision of bilateral deal (this must be specified at the Spanish border, and Spain must be the first Schengen state they arrive at). What they mustn't do is to stay 90 days in Spain under Schengen and then start further 90 days under the bilateral agreement without first leaving the Schengen zone. This becomes particularly important after the introduction of ETIAS system of border control.

astera

Just to clarify, if I move here in January 2022 then the form is due by 31 March 2023?

I've always had good experiences wiith fiscal authorities in all the places I've lived in - I am to expect Spain will be completely the opposite? Shouldn't you be fine if you just file your stuff as required?

Don't you just calculate their value on a certain date and apply the official exchange rate on that day? Or is it much more complicated than that?

Or chickens for KFC.

The worst thing is that people were just fed a bunch of lies. Such as EU migration being out of control (when funnily enough every single year the net migration to the UK of EU nationals was SMALLER than that of non-EU nationals!!!) or that EU nationals were putting a toll on public services (turns out EU citizens were the top contributors to public finances!). Hopefully sooner or later we'll at least join the EEA and most things will return to normal...

bobd22

Yes that's correct.
As for Fiscal authorities in Spain. I have always complied with requirements and to date not had any problems.