RESIDENCIA

Old Feb 2nd 2012, 10:41 am
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Default RESIDENCIA

Any information please,when you take out residencia how long does it last before you have to renew again ?
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Old Feb 2nd 2012, 11:47 am
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Default Re: RESIDENCIA

Originally Posted by edwin sparrow
Any information please,when you take out residencia how long does it last before you have to renew again ?
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.

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Old Feb 2nd 2012, 1:14 pm
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Default Re: RESIDENCIA

Residencia depends on where you get it, our local place, Motril do it there and then, it lasts for ever no need to renew now.
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Old Feb 3rd 2012, 2:22 am
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Default Re: RESIDENCIA

Edwin Are you from outside the EU ?

EU citizen who are ´resident in Spain´ now register on the EU citizens Register. Although it is similar to residencia it is not the same.

Once registered they become tax resident, even though they may not have been in Spain for 183 or more.

Those who do not register, automatically become tax resident if the spend 183 or more in ant year, or have there economic base in Spain, their main centre of residence (family home) etc.
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Old Feb 3rd 2012, 5:56 am
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Default Re: RESIDENCIA

Originally Posted by larryX
Edwin Are you from outside the EU ?

EU citizen who are ´resident in Spain´ now register on the EU citizens Register. Although it is similar to residencia it is not the same.

Once registered they become tax resident, even though they may not have been in Spain for 183 or more.

Those who do not register, automatically become tax resident if the spend 183 or more in ant year, or have there economic base in Spain, their main centre of residence (family home) etc.
It is an obligation to register.
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Old Feb 3rd 2012, 6:48 am
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Default Re: RESIDENCIA

Originally Posted by larryX
Once registered they become tax resident, even though they may not have been in Spain for 183 or more.

Those who do not register, automatically become tax resident if the spend 183 or more in ant year, or have there economic base in Spain, their main centre of residence (family home) etc.

You do not become tax resident just because you sign onto the register,

The rest of your post is correct.
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Old Feb 3rd 2012, 6:54 am
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Default Re: RESIDENCIA

Originally Posted by jdr
It is an obligation to register.
Yes if one is permanently in Spain for 3 months, but if the total is 183 days or more in a year. Say 3 lots of 62 days, or say their family lives in Spain and they travel regularly never staying more than a week or two at a time, they are also resident.
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Old Feb 3rd 2012, 7:01 am
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Default Re: RESIDENCIA

Originally Posted by Fred James
You do not become tax resident just because you sign onto the register,
The Hacienda have a different opinion (supported by Mijas Town Hall and John McCann of Blevins Franks, just to mention a couple). They all say one does.

A friend of mine had her Non Resident's bank account frozen when she registered albeit that she did not spend 183 days in Spain. It was because of her I made the enquiries. I also had not believed it.
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Old Feb 3rd 2012, 7:20 am
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Default Re: RESIDENCIA

I'm sure it's not a simple as that.

If you signed on in October there is no way you could possibly be deemed tax resident until the following year.

There is no mention of this in any of the Hacienda documentation about residency.

It's entirely possible that Hacienda could take it as an indication that you are tax resident but it would be easy to prove that you are not if you did not meet the residency criteria.

It is far more likely that registering on the padron could result in you being chased by Hacienda as when you sign on the padron you are declaring that your permanent home is in Spain.

Signing the foreigners register is purely to conform with the new EU law on residency. It purely gives you the right of residence - it does not imply that you are actually resident for any particular length of time.
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Old Feb 3rd 2012, 8:30 am
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Default Re: RESIDENCIA

Sorry Fred, I am just telling you what happened and what Hacienda and several other sources said. As I said, I believed my friend's bank had made an error and that why after consulting with them I made my enquiries.

In your quote, registering in October, then the tax return (as I was informed) would be due the following June.

They could of course all be wrong.

Last edited by larryX; Feb 3rd 2012 at 8:49 am.
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Old Feb 3rd 2012, 8:36 am
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Default Re: RESIDENCIA

Just remember the tax year in Spain is from 1st January, not 6th April as in UK
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Old Feb 3rd 2012, 8:46 am
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Default Re: RESIDENCIA

Originally Posted by larryX

They could of course all be wrong.
They could indeed!

Mijas town are noted for that. When the new residency rules came in a few years back they told everyone that they no longer had to register!

Hacienda are also renowned for making up the rules as they go along - like telling people to go away when they try and submit a zero tax declaration!

Blevins are pretty good but I know of a couple of tax issues where they give different advice than other equally respected experts.

As for advice from the banks - well let's not even discuss that!
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Old Feb 3rd 2012, 10:16 am
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Default Re: RESIDENCIA

I live on my UK old age pension.. do i have to pay spanish tax on it?
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Old Feb 3rd 2012, 10:46 am
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Default Re: RESIDENCIA

Originally Posted by tommy.irene
I live on my UK old age pension.. do i have to pay spanish tax on it?
Yes, your UK State pension is liable for tax in Spain together with any other income (other pensions, savings interest etc.).

You may find that because of the allowances that your income is less than the allowance resulting in no tax being due, but you are still obliged to make a zero tax declaration.

It is important to do this as if you ever become liable for CGT or IHT then you can only claim the substantial benefits if you are officially tax resident and the best way to prove this is to have been filing your tax returns every year.
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Old Feb 3rd 2012, 11:30 am
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Default Re: RESIDENCIA

Originally Posted by Fred James
Yes, your UK State pension is liable for tax in Spain together with any other income (other pensions, savings interest etc.).

You may find that because of the allowances that your income is less than the allowance resulting in no tax being due, but you are still obliged to make a zero tax declaration.

It is important to do this as if you ever become liable for CGT or IHT then you can only claim the substantial benefits if you are officially tax resident and the best way to prove this is to have been filing your tax returns every year.
In fact, you have to have submitted at least 5 contiguous returns in Spain to even be considered as domiciled here rather than UK and so (potentially) avoid UK IHT.
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