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dual residency question

dual residency question

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Old Jul 1st 2013, 10:25 am
  #1  
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Default dual residency question

Hi, can anyone advise me. I am resident for tax in both Spain and the Uk. Under the new statutory residency test I am resident in the Uk. All my income is in the Uk. None in Spain.
I have always been Uk resident and am up to date with both my Uk taxes and Spanish non residency taxes.
Can anyone tell me if the Hacienda will want me to pay tax on my Uk income.
My understanding is that I can only be tax resident in one country so would I have any liabilities to Hacienda or would they be happy with a certificate of residency from HMRC.
It would be my first year as a dual resident.
Would I need to file a tax return in Spain?
Thanks
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Old Jul 1st 2013, 10:45 am
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Default Re: dual residency question

Originally Posted by rewdan
Hi, can anyone advise me. I am resident for tax in both Spain and the Uk. Under the new statutory residency test I am resident in the Uk. All my income is in the Uk. None in Spain.
I have always been Uk resident and am up to date with both my Uk taxes and Spanish non residency taxes.
Can anyone tell me if the Hacienda will want me to pay tax on my Uk income.
My understanding is that I can only be tax resident in one country so would I have any liabilities to Hacienda or would they be happy with a certificate of residency from HMRC.
It would be my first year as a dual resident.
Would I need to file a tax return in Spain?
Thanks
You say that you are tax resident in Spain - I assume that what you mean is that you are here for more than 182 days per calendar year? Yet you then go on to say that you are up-to-date with Spanish non-residency tax????

You can't be both.

If you live in Spain for more than 182 days per calendar year, then surely you are tax resident here.

You say that all your income is in UK - what is the setup? Are you self-employed in UK? Are you the director (and therefore employee) of a UK Limited Company? Are are you on PAYG with a UK form?


Normally, if you are here for more than the 182 days, then you pay tax in Spain. Any tax already paid in UK can be offset against what you have to pay here. However, I understand that under certain circumstances you can continue to be employed in UK - but we need more details.
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Old Jul 1st 2013, 11:05 am
  #3  
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Default Re: dual residency question

Hi, sorry for being a bit misleading.
I am not yet resident in Spain but could be in the near future due to the 183 day rule. I could avoid this by not staying in Spain for that amount of time as things stand today.
I am self employed in the Uk and have been for 20 years, all my Uk tax affairs are up to date.
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Old Jul 1st 2013, 11:32 am
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Default Re: dual residency question

Originally Posted by rewdan
Hi, can anyone advise me. I am resident for tax in both Spain and the Uk. Under the new statutory residency test I am resident in the Uk. All my income is in the Uk. None in Spain.
I have always been Uk resident and am up to date with both my Uk taxes and Spanish non residency taxes.
Can anyone tell me if the Hacienda will want me to pay tax on my Uk income.
My understanding is that I can only be tax resident in one country so would I have any liabilities to Hacienda or would they be happy with a certificate of residency from HMRC.
It would be my first year as a dual resident.
Would I need to file a tax return in Spain?
Thanks
As Concierge for the Spanish section of BE I would like to say hello and welcome.

BE is a very large expat website, so if you have problems finding your way around we have concierges who will try to direct you. The moderators for the Spanish forums are Mitzyboy and Fred James, moderators are there to ensure that the site runs smoothly within the rules of BE. Problems and complaints should always be addressed to a moderador who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are friendly and helpful with a wealth of knowledge of the issues of living in Spain. At the top of the page you will find a quirkily named thread called Free Beer which is full of important and useful information. Hope you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary
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