johncar61

That's a grey area I think as the laws says 'permanently in Spain for 3 months' or for a 'total of 183 in a year.' As he works in Gib then I wonder how that would be interpreted ? I guess it apples to many people who live in Spain and work in Gib.

Does anybody know.

lynnxa

what about 'commuters' between the UK & Spain?

do they in that case add up their days?

I'm not talking tax - I know that's different

johncar61

I guess if they are in Spain for whole days then the days can be added up, and if they reach 183 in a year then they are probably resident for Spanish tax purposes.

That's what happens in UK and, as of fairly recently, I believe the Inland Revenue (HM Revenue and Customs) include the days of arrival and departure.

Emma-Louise

he kinda lives in Spain & Gib depends who's asking....
as he only needed an NIE number to buy in Spain that's all he has.....apart from that everything is Gib, Gib national, Gib resident, Gib worker, Gib licence, Gib taxes, Gib heathcare etc etc, he still has an address in Gib.....

It is this grey area that I was wondering if we can use with the Spanish plated car....
as he could be using the house as the odd weekend retreat??

jdr

Well if he is a pretend Gib resident you will have to ask a real Gib policeman if Gibraltarians are allowed to drive foreign cars, if they follow the British rules then he will have to re register it to Gib plates.

Emma-Louise

???? he is a policeman, but Gib police know about their own laws not Spanish law!!!!!!!!!!!!!!!!!!!!

I don't know whether you are trying to be funny or just havn't bothered to read the thread properly!

We still cannot figure out if he can drive a Spanish plated car in Spain with his Gib licence!

lynnxa

I said I'm NOT talking tax - more curious about the driving issue & at what point you would be considered resident for that

I know quite a few people whose OHs live & work in the UK but spend 2 - 4 days a week here in Spain + holidays so could well inadvertently tip over the 183 days

jdr

Oh no, I have read both threads.
Well then it`s not rocket science, if he is a Gib policeman he must know if it`s allowed for a Gib resident to own and drive a Spanish car.
As I said, in most countries they do not allow their residents to own and drive foreign cars, end of story.
Now is he going to be a Gib resident or a Spanish one, or is he going to sit on the fence and try and dodge the law in both countries ?

johncar61

Sorry I was trying to address your question. It would seem logical that where there is a question of residence that the law on tax residency would at least have a bearing.

As for your hypothetical question about UK workers spending 2 or 4 days a weeks in Spain: if it's 4 days they would spend 208 days here and be tax resident, if 3 days 156 the not tax resident, except that I believe their where their permanent home is, comes into it.

However, there are also regulations which relate to cross border workers, that apply to say French workers working in a town just across the border in Spain. For that one would need sufficient interest to research those regulations. A start might be at :

http://ec.europa.eu/youreurope/nav/e.../index_en.html

johncar61

Emma, I am sure this situation applies to many people thus I cannot believe that your friend cannot obtain the answers in a government dept in Gib. As I am sure he speaks fluent Spanish, there must too be Spanish sources of info available at the end of a phone.

I don't want to rock the boat between you, but I am beginning to wondering if he has a 'personal' reason for not finding the answers.

lynnxa

interesting - clear as mud - but interesting

thinking aloud here so bear with me................

doesn't answer the question of if you are registered as resident in the UK (and maintaining a home/residence) while working there & paying tax etc there while financially supporting your wife & family (for instance)who live in Spain - visiting them on a more or less weekly basis

this seems to say that country of residence is not necessarily where you spend most of your time - it can be where you go once a week

I suppose if you only visit 'home' once a week you'd need somewhere to live in the country in which you work, so what if you 'clock up' so many days there that you have register as 'resident'

I guess it's a case where you really do need to get expert advice

johncar61

Lynnxa, Once again I apologise for not being able to answer your question but I did say,I was trying to address your question

I did not say I was giving you an authoritative answer and I tried not to give you that impression.

For a complete, legal answer, I suggest you need to go to a professional in that area and pay their consultation fee.

PS I see where my typos may have confused you, This is how it should have read:-

As for your hypothetical question about UK workers spending 2 or 4 days a weeks in Spain:

If it's 4 days they would spend 208 days here and thus be tax resident,
if 3 days then 156 here thus not tax resident,
except, I believe, the country in which their permanent home is located, comes into the decision in 'unusual cases.'

lynnxa

I wasn't actually expect you to know the answer - just thinking aloud, as I said, wondering if it might help someone else or maybe someone else would know the answer

And I actually don't need to know

johncar61

I am sure all those who spend their time trying to help, as they believe when a person asks a question they need/want help, will like to know you were just passing the time here.

May I suggest if you do that again you tell us so we can decide whether to 'waste' our time trying to help you unnecessarily.

lynnxa

it is an interesting link & I have actually bookmarked it just in case - thank you

the point of these forums is to all help each other - it's open for anyone to use advice they see - or for them to ignore it

I was thinking aloud - & said as much in my post - sometimes people just 'batting around' with a question can help a lot of people, or point them in the right direction

I'm sorry if you think you wasted your time - I might not need the advice right now - but I'm sure someone reading this thread now or at some future date will find it useful