RESIDENCY IN SPAIN
 

Hi all, we are looking to stay in Spain for at least nine months of the year and I have been told that we have to have residency. Is this right, and if so, can someone give me advice as to what I need to do please? The other thing is, will I have to re-register our motorhome and change driving licences?
We are staying at one place and won't be using the motorhome for travelling.
Many thanks
anjano.

Re: RESIDENCY IN SPAIN
 

Welcome to BE. I've moved your thread over to our Spain forum...as it will get more views from people who are in a better position to help you.

Re: RESIDENCY IN SPAIN
 

Not only residency, you will be tax resident and have to declare your worldwide income in Spain, plus you will have the joys of asset declaration if any of your assets outside Spain total more than 50 k in the categories of savings, investments or property.
Use the search facility on this forum for info on tax and residency, as it is complicated and needs lengthy explanation.Then, if there are any specific questions, come back and ask .

Re: RESIDENCY IN SPAIN
 

Hi and a warm welcome to the Spanish forum on BE. Myself and Fred James are the moderators for the Spanish forums whilst BEVS moderates Europe. Moderators are there to ensure that the site runs smoothly within the rules of BE. This is so that members gain the information that they are looking for and find their experiences on the forums to be friendly and worthwhile.

Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge about the issues of living in Spain. I hope that you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary

Re: RESIDENCY IN SPAIN
 

I don't get that ? I'm in spain 11 months of every year I have never declared a thing I own or have in England and I have never claimed residency that's for sure, when I go back to England each December I renew my yearly backpackers holiday insurance which covers me in private hospitals in Spain that's all that matters really I have an NIE number so I could open a bank account and get car insurance but that's about all iv done.

So I'm here illegally ?

To the poster of this thread. If your only here for 9 months of each year and your finances are in England then don't claim residency at all because you don't need to I just urge you to get good insurance and get a NIE number from the police station, if your on a camp site with your motor home and are not moving then your plot will have a number you can use that number along with the campsite address for an official address to get your NIE number at the police station, campsites usually address it over a tanai when the post man has been.

DO NOT CHANGE YOUR DRIVING LICENCE AND LEAVE VEHICLE REG AS IT IS.

Why fix something that isn't broke ?

Re: RESIDENCY IN SPAIN
 

No you are not here illegally but you are and have been Tax Resident after the first 183 days.

Oh dear you have just told the world and the Hacienda!

Re: RESIDENCY IN SPAIN
 

Me and thousands of others.

Bigger problems on there hands than me.

I'm here putting into there economy everyday and never taking anything out and never will.

Re: RESIDENCY IN SPAIN
 

https://www.gov.uk/residency-requirements-in-spain

Looking at that in a nut shell declaring myself to my local ayuntamento would only benefit me if I wanted to register for healthcare, vote or claim benefits which I never intend to do.

If I ever fell ill in Spain I would only use private hospitals anyway.

So in so many words I cause no harm to anybody, I pay my way and don't take a thing.

I'm just on an extended holiday.

Re: RESIDENCY IN SPAIN
 

Spain and UK are both short of tax dollars at the moment extra tax more would pay more desperatly needed nurses in both countries.

Re: RESIDENCY IN SPAIN
 

Its an argument but please forgive me if you are in Spain for 183 days you are fiscally resident but whether they would catch you is another thing.

But I am able to tell you that you mens rea will let you down.

Do not take chances but of course lots do.

One month in the UK then 11 months in Spain where is your centre of economic interest.

It is like saying I do not live in Birmingham I live sometimes in Droitwich and sometimes in Stourbridge . But on a good day you could find me on the Hagley Road behind the Chamber of Commerce Building.

Re: RESIDENCY IN SPAIN
 

Every single last penny I have, I have paid tax on in England. It's getting spent in Spain.... Spain is benefitting from every penny I spend here because it's going into there economy.

So I have to tell the Spanish government how much money I have and pay tax on my hard earned cash again ?

In another thread I am considering starting up a business. If I do I will happily register autonomo and pay tax.

Re: RESIDENCY IN SPAIN
 

As a UK lawyer and without being sniffy I will give you some basic first year tutorials as in centres of economic interests and the like. Would you prefer to pay me in euros or £'s but not please in cash.

Re: RESIDENCY IN SPAIN
 

Surely he is here illegally, as after 90 days a person is legally obliged to sign on the foreigners register?

Re: RESIDENCY IN SPAIN
 

You simply do not understand please with respect go away and look at the actual law as to residency.

It matters nothing where you spend your money it matters where the law says you are fiscally resident. For the last one month when you return tothe UK you could park up on the Clent hills but where you are fiscally resident is totally another issue.

Re: RESIDENCY IN SPAIN
 

I'm very confused here. I own property in England I have savings. I come to Spain and spend it, if I fell ill I would go to private hospital and then go back to England when fit to continue medical help, I'm only 30 so can't see that happening anytime soon.

I just can't see what on earth I am actually doing wrong by not declaring myself a resident ?

Re: RESIDENCY IN SPAIN
 

Haha fella seriously I don't care.

What they gonna do lock me up.

Please.

Re: RESIDENCY IN SPAIN
 

Grass me up if you like :-)

Re: RESIDENCY IN SPAIN
 

There was an argument very similar to this on another forum, which became nasty,and the original poster was banned.
The poster simply would not accept his obligations re residency and tax
I wonder if there is any connection?

Re: RESIDENCY IN SPAIN
 

No connection and I don't intend on getting nasty.

I'm finding it bizarre how angry it makes other though and it's nobody else's problem it's mine if anybody's.

End of the day iv been plodding on for 7 years doing the same thing and had no problems, so oh well.

*YAWN*

Everybody tries to come across so prim and proper lol.

Re: RESIDENCY IN SPAIN
 

Best hope I don't end up on Crimewatch wanted on a European arrest warrant by Interpol eh!! Hehe

Re: RESIDENCY IN SPAIN
 

Perhaps they get angry because they are doing their best to live here legally, and are annoyed to find that someone living under the radar couldn't give a damn!

Re: RESIDENCY IN SPAIN
 

Tom

I have been digging up info on this forum and many others re this exact subject. My own scenario will be around 5 months at a time in Spain- ie officially needing residency.

After much searching asking etc I have discovered that

1 its almost impossible to comply with the residency regulation because of the daft situ re healthcare ( for a 5 month period)

2 10s of thousands do not register as residents in situs like mine ( long stay but not over the 183 days tax due scenario) and are not exactly on Spain's most wanted criminals list

I will take out long term travel health cover to cover me fully for my 5 months and am confident I will get no hassle

Re: RESIDENCY IN SPAIN
 

You won't get hassled unless you have people like these around you trying to be all prim and proper. Going out of there way to make people's lives difficult.

Yes there are tens of thousands of Brits in Spain doing exactly the same as us and causing no harm. Town halls only really want you to register on the padron so there town gets more funding, more people more funding. It just boils down to paperwork codswallop.

@Neptuno I am an EU citizen I am here legally.

Re: RESIDENCY IN SPAIN
 

It is, however a legal requirement , is it not, to sign on the foreigners register after 90 days? Correct me if I'm wrong.

Re: RESIDENCY IN SPAIN
 

You are of course correct Neptuno

However how many people ever get in trouble for not doing so?????- esp longer stay tourists like myself ( 5 month hols) as opposed to permanent residents

Re: RESIDENCY IN SPAIN
 

I have not once said you are wrong, infact I do thank you for bringing it to light really.

Put it this way, when I get to the age where I want to buy a retirement home in Spain I would definitely do all the above that you have stated. But for now I'm 30 I'm in Spain 11 month of the year with family and friends but also working from phone and laptop earning in England, chilling out holidaying, relaxing.

I have not even thought about wanting to stay in Spain for the rest of my life yet.

Like I said I believe I am doing no harm.

Re: RESIDENCY IN SPAIN
 

So for the original poster of this thread if you are only coming to Spain to chill out for 9 months don't commit yourself to claiming residency, changing vehicles and driving licenses to Spanish it's just pointless.

You won't get any hassle.

Re: RESIDENCY IN SPAIN
 

Just because people don't get into trouble, doesn't make it right, and is no reason not to comply with the law.
Albir Tom thinks people who do things legally are prim and proper-how would he describe himself, then?
He apparently thinks he has some God given right to be different from someone else, and ignore the rules of the country he is resident in.
As far as I know, there isn't a certain age at which one starts to obey the law!

Re: RESIDENCY IN SPAIN
 

Well for my own situation if it was possible to comply I would, unfortunately the rules/ regs don't seem to cover my 5 month scenario.

All I can do is pay for my own health ins ( so not leeching off anyone) get my NIE and go about my time there hassling no one

I don't think I will appear on Spain's Crimewatch

Re: RESIDENCY IN SPAIN
 

At least you are not avoiding your tax obligations!

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I am aware that IS a biggy and something that may get one into SERIOUS trouble

Re: RESIDENCY IN SPAIN
 

Bit harsh but come on now I get the feeling your only saying all this because your on a Internet forum I mean if you said all this in person to the thousands of Brits that are in Spain for months, years on end and not resident you do know you would get laughed at and told where to go don't you.

It's pointless you getting all angry about it really ain't it ?

There are thousands of people against you on this i would definitely say more against than for.

Re: RESIDENCY IN SPAIN
 

How do you know thousands of people are against me on this?
I think you will find that most expats , apart from the legality of it, find it is in their best interests to be resident.
Have you conducted your own poll?
Spain is in a dire state because of tax avoiders!

Re: RESIDENCY IN SPAIN
 

Seriously ?

I HAVE NOT EARNT ONE CENT IN SPAIN TO PAY ANY TAX ON!!!

Spain is in a dire state because of corrupt officials and politicians and spending millions of euros on airports that don't even get used. That is why Spain is in a dire state.

If it wernt for people like me coming here and spending my hard earned cash from England it would be in even more of a state.

You completely baffle my mind you.

Re: RESIDENCY IN SPAIN
 

You show a complete lack of understanding of the Spanish tax system, which requires you to declare all your worldwide income no matter where it comes
from!
Perhaps you should do some research before you post such ignorant views!

Re: RESIDENCY IN SPAIN
 

Please keep within the rules of BE. Rule 2 clearly states that you must not "encourage someone to break the law".

Rosemary

Re: RESIDENCY IN SPAIN
 

Rosemary-For my own scenario I would be grateful if anyone could give me advice on how to sensibly OBEY the law!!!!!!

Re: RESIDENCY IN SPAIN
 

Of course it is legally correct that one should comply fully and make the declaration. However given the circumstances of the op then it does make the whole thing a bit silly. They do not as far as is stated intend staying any longer than 9 months they do not as far as I can see say they intend to continue this for successive years. So yes legally they should comply however in reality to do so going through all the bearaucracy would be both silly, a waste of time and no doubt not worth the hassle. However this issue comes up time and again. Yes illegal but living under the radar tends to mean one who takes something from the country in this case if they ensure private health cover and are financially self sufficient and not seeking or doing work then that is not the case, just a long holiday. I have said it before it is very easy if someone has not kept any assets in UK to say one should disclose all, even just for a long break. As has been mentioned the rules are not actually that sensible really to comply with if one retains a house etc in UK and pays their taxes in UK but have an holiday home in Spain or want a long holiday in Spain. But I do accept that what Neptuno says is the correct legal way. I am sure the OP will make their own considered decision.

Re: RESIDENCY IN SPAIN
 

Lord give me strength!!

If I owned property here in Spain and completely turned my back on the uk forever I would without fail declare what ever I needed to.

But as it stands I'm a mere tourist.

I think maybe your bitter because all your collateral is declared to the Spanish government and now you wish you hadn't done it and your picking flaws out on me now.

If your that bothered about it then go and dob me in, feel free!!

Tell them there is an English guy living in albir who ain't claimed residency.

Needle in a haystack!!

Re: RESIDENCY IN SPAIN
 

If someone is not prepared to live by the laws of Spain, however much they disagree with them, or think they are unfair, or believe others are living under the radar, then they should make sure they spend less than the time limit here.
Not too difficult to understand, is it?