Insuring UK car in England while a Spanish Resident
#16
Account Closed
Joined: Mar 2004
Posts: 2
Re: Insuring UK car in England while a Spanish Resident
It has been sometime since I have been in the industry but they certainly used to charge on the basis of the main user - in this case the son. Rating on the mother who does not even live in the UK makes no sense.
Second question is will an Insurer allow a non UK resident/foreign license holder drive an Insured vehicle, some do and seemingly AXA does not. At least one insurer will it seems and I would be surprised if more would not quote.
Ownership is just confusing the situation, sounds like it makes more sense for the son to own it.
Maybe a banger so restrict cover to Liability only.
#18
Lost in BE Cyberspace
Joined: Jan 2012
Location: Dépt 61
Posts: 5,254
Re: Insuring UK car in England while a Spanish Resident
I see the OP also said " I have got a quote of nearly £800 for my son to take over ownership and insure the car in his name with me as named second driver (Spanish residency and licence OK here) but its a heck of a lot of money" so the issue is not getting insurance, it is the cost. If it is the first time the son has owned a car and taken out insurance and he has not accumulated any NCB, I suppose that is inevitable. I don't know what UK premiums start at these days but I seem to remember that for my first car, the annual insurance was more than I paid for the car.
#19
#20
Forum Regular
Joined: Dec 2010
Posts: 288
Re: Insuring UK car in England while a Spanish Resident
I pay tax in both countries and am subject to the dual taxation treaty. I also have a US driving licence and file taxes in the US.
I have houses and cars in both countries and my wife is also not a Spanish resident who just commutes under the 90/180 so I meet the "anchor" test of being dual domiciled. As far as the DVLA are concerned they want me driving on my UK licence when in the UK driving my UK car and the DGT want me driving on my Spanish licence when here.........
#21
Lost in BE Cyberspace
Joined: Jan 2012
Location: Dépt 61
Posts: 5,254
Re: Insuring UK car in England while a Spanish Resident
Residency takes various forms - ordinary residency, domicile, fiscal residency etc, so it's a massive oversimplification to say that
because many people lead more complex lives.
However
I think you are confusing things by talking about fiscal residency though because the DTT sets out a clear process for defining a primary tax domicile, which is necessary because you normally declare worldwide income in that country only. So under a tax treaty, you are effectively regarded as a resident of only one state, although you may have tax liabilities in two or mor countries and in other contexts (healthcare, possibly vehicle registration etc) you may be regarded as resident in more than one country.
https://assets.publishing.service.go...-_in_force.pdf
Article 4
RESIDENT
1. For the purposes of this Convention, the term “resident of a Contracting State” means any person who, under the laws of that State, is liable to tax therein by reason 4 of his domicile, residence, place of management, place of incorporation or any other criterion of a similar nature, and also includes that State and any political subdivision or local authority thereof. This term, however, does not include any person who is liable to tax in that State in respect only of income or capital gains from sources in that State or capital situated therein. The term “resident of a Contracting State” includes a pension scheme established in that State.
2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then his status shall be determined as follows:
a) he shall be deemed to be a resident only of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident only of the State with which his personal and economic relations are closer (centre of vital interests);
b) if the State in which he has his centre of vital interests cannot be determined, or if he does not have a permanent home available to him in either State, he shall be deemed to be a resident only of the State in which he has an habitual abode;
c) if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident only of the State of which he is a national;
d) if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.
However
https://assets.publishing.service.go...-_in_force.pdf
Article 4
RESIDENT
1. For the purposes of this Convention, the term “resident of a Contracting State” means any person who, under the laws of that State, is liable to tax therein by reason 4 of his domicile, residence, place of management, place of incorporation or any other criterion of a similar nature, and also includes that State and any political subdivision or local authority thereof. This term, however, does not include any person who is liable to tax in that State in respect only of income or capital gains from sources in that State or capital situated therein. The term “resident of a Contracting State” includes a pension scheme established in that State.
2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then his status shall be determined as follows:
a) he shall be deemed to be a resident only of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident only of the State with which his personal and economic relations are closer (centre of vital interests);
b) if the State in which he has his centre of vital interests cannot be determined, or if he does not have a permanent home available to him in either State, he shall be deemed to be a resident only of the State in which he has an habitual abode;
c) if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident only of the State of which he is a national;
d) if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.
#22
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Joined: Mar 2004
Posts: 2
Re: Insuring UK car in England while a Spanish Resident
US does not issue Drivers License, each State does its own thing and as far as I know they are all have different regulations as to who they consider residents.
Pretty much every entity I have ever come across defines residency differently.
Pretty much every entity I have ever come across defines residency differently.
#23
Re: Insuring UK car in England while a Spanish Resident
I thought there were only two types - ordinary and fiscal. Domicile is a UK tax concept surely
#24
Account Closed
Joined: Mar 2004
Posts: 2
Re: Insuring UK car in England while a Spanish Resident
It is the other way around generally, to qualify for something you may need to meet Residency requirements. Here we are talking about what you need to qualify for a Drivers License, some other common issues would be Tuition Rates, Medical care, Property taxes, and on. The one the other away seems to be income tax.
#25
Forum Regular
Joined: Dec 2010
Posts: 288
Re: Insuring UK car in England while a Spanish Resident
LOL, you have to love the armchair interpretations and the pedantry. I have a Florida driving licence, I guess I tried to over simplify it for the masses.
As far as residence is concerned my status is confirmed by both countries. I can't wait to see the arguments that are going to follow!!!
As far as residence is concerned my status is confirmed by both countries. I can't wait to see the arguments that are going to follow!!!
#27
Banned
Joined: Mar 2021
Posts: 538
Re: Insuring UK car in England while a Spanish Resident
Spanish resident but with UK registered vehicle in the UK taxed, insured & MOT'd
Topic was discussed previously.
To to OP, as a non UK resident, you can get a UK registered vehicle insurance, in your name withStuart Collins
Anyone who tells you otherwise is taking out their back passage!
Topic was discussed previously.
To to OP, as a non UK resident, you can get a UK registered vehicle insurance, in your name withStuart Collins
Anyone who tells you otherwise is taking out their back passage!
#28
Forum Regular
Thread Starter
Joined: Aug 2005
Posts: 259
Re: Insuring UK car in England while a Spanish Resident
OK Everybody, thanks for all the opinions and info. Solved the problem by signing car over to son who insures it with his own, combining NBC benefit. I will take out a "holiday" insurance when (if) I ever get back there. So the car won't deteriorate costing shedloads of money like it did in 2021 through lack of use.
#29
BE Enthusiast
Joined: Jun 2017
Location: Alicante
Posts: 928
Re: Insuring UK car in England while a Spanish Resident
What is "holiday insurance"?
You should also note that if your previous UK insurer cancelled or withdrew cover (booted you out) or declined cover, then you have a duty to report that fact to a future insurer, there is likely to be a question on an application form asking precisely that.
You should also note that if your previous UK insurer cancelled or withdrew cover (booted you out) or declined cover, then you have a duty to report that fact to a future insurer, there is likely to be a question on an application form asking precisely that.