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RESIDENCY IN SPAIN

RESIDENCY IN SPAIN

Old Oct 26th 2014, 7:18 pm
  #61  
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Default Re: RESIDENCY IN SPAIN

Originally Posted by Albir_Tom
If the authorities felt so strongly about this issue then why not start asking me how long I'm staying here for when I got my NIE number ?

They give NIE numbers out like sweets.

Surely to god obtaining an NIE number rings alarm bells that you are here for a long while and you are going to have a car, bank account and maybe even work.

If it was such a crime not to register as resident they would make you do it at the same time as claiming an NIE number.
no - because a NIE number is just a fiscal number & is available to non-residents so that they can buy property as a holiday home, or inherit property

they are available at Spanish Consulates all over the world & you never even have to set foot in Spain to have one or even need one

however - if you have registered as resident in the past couple of years & need a new certificate for anything, they will indeed start asking questions as to why you need one - & once the realise that you actually live here, will insist that you register as resident


out of interest - why did you need a NIE number in the first place?
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Old Oct 26th 2014, 7:47 pm
  #62  
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Default Re: RESIDENCY IN SPAIN

To insure my car and open a bank account.

If I was ever approached and questioned about the situation I wouldn't try and lie I would comply and do what ever needed doing it's not the end of the world I doubt I would held in a maximum security prison because of it.

About my insurance iv already had to use the same company about 4 years ago when I was stabbed in the leg and bum cheek 3 times by a Moroccan.

They didn't ask any questions, I was on holiday and that's that.

Touch wood I hope I never end up in hospital again and don't need to use the insurance but I'm sure if I did I would be fine.
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Old Oct 26th 2014, 7:52 pm
  #63  
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Default Re: RESIDENCY IN SPAIN

Anyway iv just realised.....

Every few months I fly back to England for a few days just to check on my house and stuff.

Doesn't that defeat everything everybody is banging on about ??

Ridiculous.
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Old Oct 26th 2014, 8:01 pm
  #64  
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Default Re: RESIDENCY IN SPAIN

It all seems to be some ex pats getting very irate about things the Spanish authorities don't.

We all have to make choices in life and deciding to stay for 5 months in Spain without registering at the town hall is not one of the most risky ones I will ever make
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Old Oct 26th 2014, 8:20 pm
  #65  
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Default Re: RESIDENCY IN SPAIN

^^^^ lol
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Old Oct 26th 2014, 9:41 pm
  #66  
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Default Re: RESIDENCY IN SPAIN

Whilst the "new" NIE sheet only lasts 3 months the number lasts for life, if one got an NIE pre 2012 then the sheet had no expiry date. To be honest in 7 years of house ownership I have never been asked for my NIE sheet. In fact when I have tried to use it they have asked for my passport. There are loads of people in Spain that have the old residencia that will tell you that they are Spanish resident, however ignore that they should submit a tax form and as they have the residencia pay no non resident tax. They pay all tax on the UK, believe me I have tried to inform quite a few who look at me blank. They are all retired all got S1's etc. So I think someone being slated for taking a 5 month or 9 month holiday without taking anything out of the Spanish system is a bit rich. Pre 2012 fine if in Spain over 3 months you signed on foreigners register that was it, however to do so now one basicly has to comply with same rules as becoming resident. That is the problem it is like taking a sledge hammer to crack a nut and so like many such silly laws does not get complied with. I am hoping to extend my stays in my holiday home now retired all I want to do is enjoy our little house that I have paide plenty of tax on so far. At the moment I do not want to become full time. I will make my own arrangements healthwise and as my sole income is government pensions which must be taxed in UK hence nothing owed to Spain, I intend not to worry too much about the 90 day rule.
Toms situation is different. Tom you can reset the 90 days by leaving Spain but not the 183 days as that is cumulative 183 days within the tax year, making his case a tax residency one that I am not getting involved in.
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Old Oct 26th 2014, 9:51 pm
  #67  
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Default Re: RESIDENCY IN SPAIN

Fair post Bob.

As per my posting at #55 if I ever see or hear of any cases whatsoever then I will be more concerned.

Until then I am sure Spain has more than enough issues to deal with ahead of me as an EU citizen being in Spain 8 weeks longer than town hall permit
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Old Oct 26th 2014, 10:58 pm
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Default Re: RESIDENCY IN SPAIN

The reality of the whole freedom of movement issue within the EU is not really about retired people or long holidays. The origins of it are freedom of movement for employment. The likes of us that retire there or have holiday homes is really just a side issue taking advantage of the freedom of movement. Hence why the EU does say that over 3 month stay countries can get people to sign foreigners registers etc ( unfortunately Spain has taken a sledgehammer approach to that now). However if one is not seeking employment within the EU country, is an EU resident totally self sufficient either holiday home owner or legally renting property, not travelling to benefit from their health system, for a break over 3 months. Then this is not worthy of the time and effort of Spanish officials to investigate or be concerned with. If one is working, illegal immigrant, not EU citizen, commiting crime etc then yes different matter. But I do think one has to look at this in a sensible way not just black and white rules is rules approach.
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Old Oct 26th 2014, 10:59 pm
  #69  
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Default Re: RESIDENCY IN SPAIN

The only way my situation would come to light with authorities was if I was in Spain causing trouble or being involved in criminality, which I most certainly am not.

I'm sure I'll be just fine.
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Old Oct 26th 2014, 11:01 pm
  #70  
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Default Re: RESIDENCY IN SPAIN

bobd22 a man who talks sense!!
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Old Oct 27th 2014, 12:17 am
  #71  
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Default Re: RESIDENCY IN SPAIN

Originally Posted by Dondurma
It all seems to be some ex pats getting very irate about things the Spanish authorities don't.

We all have to make choices in life and deciding to stay for 5 months in Spain without registering at the town hall is not one of the most risky ones I will ever make
Dondurma, you wouldn't have a problem at all if you split your 5 months into two.
Albir Tom no it wouldn't be ok to nip home every so often to check on your house, as tax wise, it's whether you have spent 183 days in Spain in total, not consecutively
You are definitely not a tourist!
Another poster asked you what you did in the UK which allowed you to stay in Spain 11 months, and you didn't answer that one! Whatever it is you should be
paying tax on it in Spain, unless you're working for the government of course!
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Old Oct 27th 2014, 12:23 am
  #72  
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Default Re: RESIDENCY IN SPAIN

Originally Posted by Neptuno
Dondurma, you wouldn't have a problem at all if you split your 5 months into two.

Yes I understand and maybe will do that, but if worse comes to worse I reckon I will be ok if I take a chance and stay.

Have never heard of absolutely anyone getting grief for doing so.
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Old Oct 27th 2014, 12:28 am
  #73  
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Default Re: RESIDENCY IN SPAIN

We all hold views and if Albir Tom wishes to have his take on the question then so be it he has to live with it not us.

However applying a reasonable man test means that eleven months in Spain = Spanish residency. Whether he wishes to comply with the regulations then that is for him.

Indeed it is a vexed question as to the authorities catching up with him?

We were in Spain last year as tourists but then returned to France. We are coming back in February 2015 and without wishing to be seen as an Angel and which I am not we will engage with Spain and do what the 'book' says we should do. Of course we could do otherwise but risk is relative to reward.

Albir Tom just to throw a tiny bit of laughter to this but it is on residency and an old legal case but still good UK law. French husband English wife who sue for divorce in the UK. The guy had a penchant for horse racing and spent many months in the UK as in Ascot Epsom etc. Once he came over and had a writ served on him. The Courts held he was UK resident for his centre of economic interests was UK. Of course Spain is not a common law country but this test wherever applied has to be reasonable and again is eleven months reasonable. I think not but again nothing whatsoever to do with me.
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Old Oct 27th 2014, 12:34 am
  #74  
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Default Re: RESIDENCY IN SPAIN

Originally Posted by Albir_Tom
The only way my situation would come to light with authorities was if I was in Spain causing trouble or being involved in criminality, which I most certainly am not.

I'm sure I'll be just fine.
Don't break any traffic laws then as you will be expected to pay on-the-spot and you will not get the deductions that you would as a resident.

Also, don't die here - much more expensive for you and your family if you are non-resident.
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Old Oct 27th 2014, 12:39 am
  #75  
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Default Re: RESIDENCY IN SPAIN

Originally Posted by snikpoh
Don't break any traffic laws then as you will be expected to pay on-the-spot and you will not get the deductions that you would as a resident.

Also, don't die here - much more expensive for you and your family if you are non-resident.
He wouldn't be able to become autonomo either

Bang goes his amazing business idea
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