wsteele1983

Hi.

Ok so i am married and live in Spain (Malaga area) with my English partner since june 2013.
She works and pays Social Security and of course is entitled to Spanish healthcare and has a health card. i am not working in Spain and of course not paying social security, i do however have a Nie (permanent), and i am on the Padron and also have a social security number and paperwork for this.

My question is what healthcare if any am i entitled too?

If i was single i would assume that i get nothing as i am not paying social security, but i thought this might be different if i am married and have a social security number and my wife pays into the system.

Any help would be great.

MikeJ

I presume that as you live in Spain you are a fiscal resident and pay taxes and should therefore be entitled to benefits.

wsteele1983

No as said above I do not work here, I haven't been able to get a job since arriving.
But if I was working of course I would pay Spanish tax and social security.
But yes I am a full resident of Spain with all documents and paperwork to prove.

MikeJ

If you have been resident for more than 183 days - and it sounds as if you have - then you are de facto a fiscal resident of Spain and MUST declare and pay tax on all your worldwide income. Of course there are double taxation treaties between many countries which may offset some of your obligation, but it does not depend on whether you work in Spain or not - it depends on residency. You will still need to fill in a tax return even if you have no income. It may be a good idea to talk to a good tax accountant very soon!

avocados

It's simple.

Go to INSS and get added to your partner's SS. They'll tell u what documentation u need, etc.

Paying tax is irrelevant. I've been living here 14 years and not paid a cent in tax. Am under my partner's SS.

wsteele1983

so i can just be added to my partners Social Security?

I wasn't sure if that was an old rule from many years ago which they might have changed in recent times.

If thats the case then its a very easy solution.

snikpoh

Correct, you should also get your tax situation sorted out as @Mikej pointed out.

You are obliged under Spanish rules/law to submit a tax return whether you have any income or not. [provided you are in Spain for more than 183 days in any calendar year]

rachelk

I was under the impression that below a certain income this wasn't necessary. This is something I remember from my first year in Spain when I was earning not much and so was exempt. They certainly never came after me for a declaration.

The rules may have changed since then of course.

wsteele1983

No I think you are correct.
I have just helped my wife fill in hers for this year and have read lots of information that below a certain income you don't have to fill in a return unless it is income from somewhere outside of Spain.
If you do fill one in you get more tax free allowance on certain things (low income, rent support).

Anyway I do not and have not had any worldwide income since moving here.

rachelk

Yes, it's here, and oddly the figure is the same one I remember from 10 years ago. That must say something about the spanish economy.

Minimo para hacer la declaración de la renta 2015, minimo hacer declaracion renta

wsteele1983

Excellent info...yes that's the page I read about before filling in hers.
i thought it was not law you had to fill one in.

snikpoh

I think @Fred will confirm this but there are so many reasons for doing a declaration and very few (if any) for not doing one.

Capital gains tax, succession tax etc. etc.

wsteele1983

i understand about capital tax gains but i don't have any assets, and the same applies for succession tax (i understand that this is inheritance tax) again this will not apply to me.

If there is something i could gain from doing a tax return i would be more than happy to do it, but if not then ill give it a miss until i get a job.

Thanks for all this useful information though.

Fred James

Some financial assessors say that you should always make a first declaration, even if, according to the rules, you are not required to.

It's a question of establishing tax residency, which may be very important in the future with regard to CGT and IHT. Last year AEAT sent reminders to thousands of expats who they thought might be tax resident asking them to make a declaration.

The problem is that all Spaniards will normally be treated as tax resident because at some stage they will probably have got onto the system at some stage even if they are no longer working.

The easiest way for an expat to ensure that they are in the system is to submit a declaration in their first year of tax residency. In subsequent years you can fall back on the rules and not bother to declare if your income does not meet the criteria.

To get back to the OP, if you are married and your spouse is making a tax declaration, you will automatically have your details entered on her tax return and will have to make a declaration. If you are not earning, she will submit a joint declaration which effectively includes you.

guirijohn

With regard to your original question I would go to your local CAP, Centro de Atención Primaria, and say you want to register in the public health system. If you are not working they will send you to the local Social Security office to determine whether you are entitled to free health care. It is worth going even if the CAP believes you that you are not entitled as the health staff are unlikely to know all the regional social security rules.

As for submitting tax returns, personally I would not do so unless you have to. You might forget to file next year and find yourself with an automatic fine that you will struggle to have cancelled. If you start the process you will have to clock out too, should you leave Spain. You can always file at a later date if necessary, without penalty assuming it is a nil return.