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RESIDENCIA

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Old Feb 3rd 2012 | 7:47 am
  #16  
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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.
James what is CGT and IHT..as im having a senior

moment my mind is blank..
 
Old Feb 3rd 2012 | 7:57 am
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Default Re: RESIDENCIA

Capital Gains Tax and Inheritance Tax.
 
Old Feb 3rd 2012 | 1:26 pm
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Default Re: RESIDENCIA

Originally Posted by snikpoh
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.
They must have changed the rules then.

A couple of years after coming to Spain 20 + years ago, I notified the Inland Revenue that I had moved to Spain forever. They sent the paperwork which I took to the Hacienda. They sent it back to UK and the Inland Revenue wrote to me to confirm that I was no longer tax resident in UK. Apart from on my Government employee pension which is always taxable at source.
 
Old Feb 3rd 2012 | 8:20 pm
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Default Re: RESIDENCIA

Originally Posted by larryX
They must have changed the rules then.

A couple of years after coming to Spain 20 + years ago, I notified the Inland Revenue that I had moved to Spain forever. They sent the paperwork which I took to the Hacienda. They sent it back to UK and the Inland Revenue wrote to me to confirm that I was no longer tax resident in UK. Apart from on my Government employee pension which is always taxable at source.
You need to re-read my post. Tax residency is VERY different to being domiciled.

If you are considered domiciled in UK, you can still be tax resident in Spain AND have to pay both Spanish succession tax AND UK IHT!

Perhaps someone (Fred) can find a suitable link?

Here's one I found domicile

this is also a good article report on domicility
 
Old Feb 3rd 2012 | 8:43 pm
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Default Re: RESIDENCIA

I should have said, ´........ and the Inland Revenue wrote to me to confirm that I was no longer tax resident NOR DOMICILED in UK´

That was before I had actually made my first tax return in Spain.

I had explained that I cut all my ties with UK (apart from my government employee pension) and that I would never be returning.
 
Old Feb 3rd 2012 | 9:24 pm
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Default Re: RESIDENCIA

it has been my understanding that on birth you will be domiciled in the country that your father is domiciled, until you reach legal/working age it will stay as such at which point you can then change it. But it seems to leave an impression behind and if there is any doubt you will revert to the domicile of your father
 
Old Feb 3rd 2012 | 9:29 pm
  #22  
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Default Re: RESIDENCIA

Originally Posted by larryX
I should have said, ´........ and the Inland Revenue wrote to me to confirm that I was no longer tax resident NOR DOMICILED in UK´

That was before I had actually made my first tax return in Spain.

I had explained that I cut all my ties with UK (apart from my government employee pension) and that I would never be returning.
Mine does not come under the Spanish tax system because they do not deal with these pensions so I am under UK tax for it. I am come under the tax in Spain for my normal state pension. My OH comes under Spain for his state pension and his company pension. We actually do not pay any tax due to how little we receive, we put in nil returns.

Rosemary
 
Old Feb 3rd 2012 | 11:49 pm
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Smile Re: RESIDENCIA

Originally Posted by larryX
I should have said, ´........ and the Inland Revenue wrote to me to confirm that I was no longer tax resident NOR DOMICILED in UK´

That was before I had actually made my first tax return in Spain.

I had explained that I cut all my ties with UK (apart from my government employee pension) and that I would never be returning.
Do you have dual citizenship or is your citizenship not British. I ask because to lose UK Domicile is very difficult as many very rich people complain even to the Supreme Court. I have just gone through the process of becoming Tax Resident in Spain and Non-Tax Resident UK finally getting the Hacienda here in Ayamonte to stamp and sign my FD 9 (after 2 years tax returns to Spain) for return to UK but the letter of confirmation from HMRC does not mention Domicile and I have not lost my UK domicile.
 
Old Feb 4th 2012 | 12:26 am
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Default Re: RESIDENCIA

It would be very unusual for HMRC to confirm that you were a "non-dom" ie. not domiciled in the UK unless you already had a domicile somewhere else.

As far as someone who has normal UK domicile is concerned, as you say it is very difficult to change that domicile and HMRC will never confirm your domicile status until the situation arises where it is important in a specific tax ruling. You certainly cannot normally apply to change it.

Tax domicile is a peculiar UK thing - other countries don't normally have such a thing. If you see someone being described as tax domiciled it usually just means tax resident.

UK tax residency and domicile is a very complicated subject. If you really want to know all about it here's some bedtime reading. Warning - it will probably make your brain hurt!

http://www.hmrc.gov.uk/cnr/hmrc6.pdf
 
Old Feb 4th 2012 | 7:49 pm
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Default Re: RESIDENCIA

Originally Posted by larryX
I should have said, ´........ and the Inland Revenue wrote to me to confirm that I was no longer tax resident NOR DOMICILED in UK´

That was before I had actually made my first tax return in Spain.

I had explained that I cut all my ties with UK (apart from my government employee pension) and that I would never be returning.
You are still, though, a British citizen, so still have ties, also you are receiving a UK pension, so still have ties, it's almost impossible to sever ALL ties with the UK.
 
Old Feb 5th 2012 | 3:41 am
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Smile Re: RESIDENCIA

Originally Posted by mikelincs
You are still, though, a British citizen
Is she / he ?
 
Old Feb 5th 2012 | 5:57 am
  #27  
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Default Re: RESIDENCIA

Originally Posted by John & Kath
Is she / he ?
If he/she isn't and isn't a Spanish citizen, then the OP is stateless, you don't lose your British citizenship my moving to another country, even if you don't have a passport or driving licence, you were BORN in the UK, so are a British Citizen.
 
Old Feb 5th 2012 | 6:28 am
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Smile Re: RESIDENCIA

Originally Posted by mikelincs
If he/she isn't and isn't a Spanish citizen, then the OP is stateless, you don't lose your British citizenship my moving to another country, even if you don't have a passport or driving licence, you were BORN in the UK, so are a British Citizen.
She/he may just have been born in say Canada and acquired British Citizenship as friend of ours did since their parents, grandparents and so on were British. Harder to do now but not impossible.
 
Old Feb 6th 2012 | 4:19 am
  #29  
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Default Re: RESIDENCIA

Most people on the UK pension here ..Have never got into the spanish system..they came here and rented their home and get their pension paid into their UK bank..I asked about Spanish Tax And they never heard about it..
 
Old Feb 6th 2012 | 5:23 am
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Default Re: RESIDENCIA

Originally Posted by tommy.irene
Most people on the UK pension here ..Have never got into the spanish system..they came here and rented their home and get their pension paid into their UK bank..I asked about Spanish Tax And they never heard about it..
True, but they are living there illegally then, even if you are only receiving the UK state pension, you should declare it, you won't have to pay any tax, but it's important to avoid inheritance tax. We made Spanish tax returns every year we lived there, I think the most we had to pay was €2 because I get an NHS pension, but we were legal. Many of the people we met while there were also NOT making a tax return, and a lot were driving UK reg cars, but that's been discussed so many times before.

Last edited by mikelincs; Feb 6th 2012 at 5:33 am.
 

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