Fred that is exactly the point I was making re the 90 day rule it is basicly unworkable, unenforceable and therefore is ignored by the non resident and authorities. Your detailed explanation says it all.

Mind I would put money on the whole debarcle on the 90 day rule rearing its head before the New Year on the forum.

Thanks for your advice Albir _Tom, I completely agree with your opinions and will take your advice. Anjano

It's your choice, so long as you understand that you would become tax resident whether you like it or not.

It's unlikely that it will give you a problem, but you need to understand that what you are doing is effectively tax evasion.

If you are happy with that, so be it, but it is the responsibility of this forum to make you aware of the facts, whatever you should choose to do with that information.

Albir_Tom must tell us what his mens rea is telling him to do. That will giveth the man.

Anjano perhaps a more mature approach would not be to rely upon Altir_Tom but to take professional advice. If it goes wrong you cannot sue him.

This is a fascinating thread much enlivened by Albir_Tom who has certainly set himself up as a target for all those who studiously declare everything they should and pay whatever they must in the way of taxes.

Amazing also that, having read all the very sensible advice from many BE members, the OP plumps for Tom’s advice, although to be fair, I don’t think Tom really gave any advice just his particular approach to the issue.

Of course, Tom is wrong, even he knows that. He avoids the real issue using phrases like “being a mere tourist”, ”not claiming residency”, “not being an illegal immigrant” as if he can selectively choose his status. He knows that if he spends more than 183 days a year in Spain he is de facto a Spanish resident and should comply with Spanish tax rules and pay Spanish tax (after deduction of tax paid in the UK).

And why do the Spanish government feel they have the right to tax Tom? Well actually the same rules apply the world over - spend 183 days in any other country and you become tax resident in that country.

Why the ire from other BE members? Because, potentially, it increases the tax burden on them if Tom doesn’t pay his share. And as he rightly points out there is an unknown number of foreigners doing the same thing. It doesn’t make it right, it just makes it all the more worthwhile for the Spanish to clamp down on such people. Spain has a serious need to get money in and it’s much more popular to go after tax-dodging foreigners than increase taxes on the Spanish.

It’s specious to argue that Spain should just be happy that he’s spending his British pounds there as a tourist when they are already counting on millions of tourists spending their money there every year. The country is geared up for this and has invested heavily in new airports and the like. The tourists are effectively paying for all this.

Anyhow none of what any of us says is going to change Tom’s mind. He doesn’t want the hassle and he doesn’t want to be “in the system” and he doesn’t want to pay whatever the rules say he must. And there is nothing any of us can do about it.

But, and it’s a big but, there is plenty the Spanish authorities could do about it. They could be reading this thread as I write, tracing his IP, going into his emails, getting his real name, checking his border records, his credit card activity, his phone records.

Tom, one day they will find out that you are living in Spain and none of your logic is going to get you out of paying some pretty hefty fines.

I have re read the OP's first post and it is not clear whether they intend staying 9 months year on year? or if this is going to be a one off 9 month visit? Personally if I was coming for a one off visit of 9 months, had retained everything in the UK, then I would probably take the view of not getting involved in the Spanish system. However with the caviat that yes there could be consequences due to the 183 day rule. If I was doing the same thing year on year then I would bite the bullet and comply fully as it would be the case that yes I would be resident in Spain by common sense and the 183 day rule.
I am not saying that is what the OP should do just my take on it more from a practical view of so much hassle given my personal tax situation. However I do accept what others in particular Neptuno, Fred and Invenoveritas have said which is without doubt the official way. This is why in my earlier posts I only commented on the 90 day rule and said I did not wish to comment on what Tom was doing which is of course evading Spanish tax liabilities, but that is his choice and of course risk. Which he seems to believe he has calculated as zero, I suppose time will tell on that?

Hi Fred, as I do not claim any money from the English government and I will not receive my state pension until next year, are you saying that when I get my state pension, I will have to declare it in Spain and then be taxed on it? This don't seem right! I do not own any property in the UK and my only assets are the motorhome which is nineteen years old.
anjano.

Anjano- yes you will have to declare any income, including pensions, savings interest, rental income etc in Spain. You will also have to declare any lump sums, lottery, premium bond winnings , investment income etc, from the UK that you have received in the year on which you will be charged capital gains tax.If you are not getting the state pension till next year. Presumably You either have a pension or savings to live on now.
If you only have your state pension, unless it is very generous, it probably won't be enough to be taxed on in Spain, but make a tax declaration anyway as it will be in your best interest to.
What advice have you been given about your motor home in Spain?

Yes, a UK state pension is taxable in Spain, but if you were a UK tax resident, it would be liable for tax in the UK.

The reason you usually don't pay tax on a UK state pension in the UK is that the UK personal allowances are greater than the pension. If you had additional income, the state pension would be taxed by deducting the tax from the other income. Contrary to what many believe, UK state pensions are taxable, but they can never have tax deducted directly from them.

In Spain, the allowances are not quite as good as the UK, but you will probably find that you will not have to pay tax on it.

As Neptuno said, even if there is no tax to pay it is still in your interests to declare it every year as that way ensures that you are registered as tax resident and you can then get some of the allowances against CGT and IHT that only apply to tax residents.

I understand the rules re ISA's Premium Bonds etc and the requirement to declare interest winnings etc in Spain. However just a personal point I do feel that this is a bit of an anomally for those that have served the Crown or on other government pension. (Please let's not have the them and us private public pension malarkey or sour grapes) . There will be people with decent public sector pensions and forced to pay UK income tax on this, but are not allowed to keep the meagre interest one gets or small win tax free. I appreciate it is a choice one makes when becoming an expat, however I can see why some may just forget to mention them. Before anyone says it yes I am one of those in this situation but as yet not Spanish resident or anywhere near.

Regarding advice on the motorhome, I am more confused than ever! In saying this, we have decided to leave the motorhome in Spain, spend some time in England, (about a month) and then fly back. This poses many questions re motorhome. What do I do when the tax, insurance and MOT run out? Can I get this sorted in Spain? anjano.

You take it back to the UK or become Spanish residents and import it, however that may cause more problems

Your ONLY option is to take it back to UK and do it.

You can NOT get an NOT for it whilst in Spain.

Your biggest issue is that once resident in Spain, you are on a short time scale to get it matriculated and motorhomes (I seem to recall) are notoriously difficult.