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-   -   Tax liable Spain and UK (https://britishexpats.com/forum/spain-75/tax-liable-spain-uk-929443/)

Rorypens Nov 22nd 2019 12:15 am

Tax liable Spain and UK
 
What does one do if you become tax liable in Spain by spending over 183 days in country but also in the UK (domicile) by spending over 120 (90-120) days also?

I have been wondering about this, am retired but my pension is from a 3rd country (not taxed at source). Would I be liable in both countries for the full tax or could I opt to pay tax in one country and not the other based on tax treaty.

I have been wondering about this especially as UK tax is lower than Spain for me. Could I live in both places with one tax bill?

spainrico Nov 22nd 2019 7:09 am

Re: Tax liable Spain and UK
 
This I think covers it

https://www.gov.uk/guidance/living-i...#money-and-tax

Moses2013 Nov 22nd 2019 8:32 am

Re: Tax liable Spain and UK
 

Originally Posted by Rorypens (Post 12767560)
What does one do if you become tax liable in Spain by spending over 183 days in country but also in the UK (domicile) by spending over 120 (90-120) days also?

I have been wondering about this, am retired but my pension is from a 3rd country (not taxed at source). Would I be liable in both countries for the full tax or could I opt to pay tax in one country and not the other based on tax treaty.

I have been wondering about this especially as UK tax is lower than Spain for me. Could I live in both places with one tax bill?

I thought you had opted for Portugal due to tax situation?

Rorypens Nov 22nd 2019 8:35 am

Re: Tax liable Spain and UK
 

Originally Posted by Moses2013 (Post 12767677)
I thought you had opted for Portugal due to tax situation?


I have Moses, am just intrigued by this question though. I never did finish my personal review of Spain before I opted for Portugal as I could not find a gester who would discuss my situation other than face to face (that intrigued me as well).

Notdunroamin Nov 23rd 2019 3:26 pm

Re: Tax liable Spain and UK
 
You cannot be tax resident in two countries at the same time nor can you "opt" to pay your tax in one country instead of another.

Where there is a conflict your place of residence will be determined by which country you have the greater ties with, or as it's been put, 'the place where your family photos are on the mantlepiece'.

spainrico Nov 23rd 2019 3:43 pm

Re: Tax liable Spain and UK
 
Or 'Your centre of economic interest'

EU.flag Nov 28th 2019 1:21 pm

Re: Tax liable Spain and UK
 

Originally Posted by Notdunroamin (Post 12768372)
You cannot be tax resident in two countries at the same time .

Not quite true. You can be tax liable to more then one country, residence is not always relevant. Local tax governance apply, not personal expectations.
https://www.gov.uk/tax-foreign-income/residence

Fred James Nov 28th 2019 3:43 pm

Re: Tax liable Spain and UK
 
There is a big difference between being liable to pay tax and tax residency. Income arising in the UK (with some exceptions such as pensions etc) is always taxed in the UK irrespective of tax residency. If you meet the tax residency requirements in both countries the taxation treaty ultimately determines which country you are tax resident in. It also allows for the offsetting of tax paid in both countries, one against the other with UK tax paid deducted from Spanish tax paid on the same income.

https://assets.publishing.service.go...-_in_force.pdf


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