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Temporary non-residence - about returning?

Temporary non-residence - about returning?

Old Apr 22nd 2014, 8:31 am
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Default Temporary non-residence - about returning?

Hi,

I've been resident here since 1999 but want t leave for a Grande Tour for over six months to a year - it's a retirement thing

But what do I have to do to get the 'baja' for my residence without having problems when I come back, especially reregistering my public health, etc.

Also, I guess this means I'll be non-residence as far as the Hacienda is concerned. Does anyone know what I'd have to do for the RENTA for the year(s) in question, and what about the Formulo 720 as my overseas capital situation is likely to change at the same time?

Thanks

Simon
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Old Apr 22nd 2014, 1:06 pm
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Default Re: Temporary non-residence - about returning?

[QUOTE=Simon_100;11228761]Hi,

I've been resident here since 1999 but want t leave for a Grande Tour for over six months to a year - it's a retirement thing

But what do I have to do to get the 'baja' for my residence without having problems when I come back, especially reregistering my public health, etc.

Also, I guess this means I'll be non-residence as far as the Hacienda is concerned. Does anyone know what I'd have to do for the RENTA for the year(s) in question, and what about the Formulo 720 as my overseas capital situation is likely to change at the same time?

Thanks

How can you re register on the health system,if you are no longer a resident?
As for the 720. surely you will only submit it the following year if you have been tax resident the previous year ie spent 183 days in Spain

Last edited by Neptuno; Apr 22nd 2014 at 1:09 pm.
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Old Apr 22nd 2014, 1:10 pm
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Default Re: Temporary non-residence - about returning?

Why de-register? You are going on holiday!
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Old Apr 22nd 2014, 1:44 pm
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Default Re: Temporary non-residence - about returning?

I'm pretty sure you have to be tax-resident somewhere so if you de-register from Spain you would have to re-register somewhere else.

Actually I don't think you have to de-register tax-wise - just re-register somewhere else and they should inform Spain - I think.


Probably easier just remaining tax-resident in Spain.

Last edited by jimenato; Apr 22nd 2014 at 1:47 pm.
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Old Apr 22nd 2014, 2:24 pm
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Default Re: Temporary non-residence - about returning?

If you go on a series of holidays and spend over 183 days out of the country you may still be classed as tax resident because as Jimenato said, you would have to prove that you had actually moved.

If your main home and centre of economic interests is still in Spain you would find it very difficult to get Hacienda to accept that you were no longer tax resident.

Regarding your residency as in the green form, since you have been here for over 5 years you have the right to stay permanently and you have to be away for 2 years before you lose that right. The green form is more about rights of residency than actual physical or tax residency.

Last edited by Fred James; Apr 22nd 2014 at 2:26 pm.
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Old Apr 22nd 2014, 2:43 pm
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Default Re: Temporary non-residence - about returning?

If you do actually move away, do you have to inform the Spanish tax authorities - or do you just leave and register in the new country?
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Old Apr 22nd 2014, 4:20 pm
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Default Re: Temporary non-residence - about returning?

Yes, it is advisable to inform them using Form 030. It saves you getting letters when you don't submit a tax return next year.

If they do have an issue with your tax status, they might well request proof that you are tax resident somewhere else, just like HMRC do when you leave the UK and want any UK income paid gross.

If you want to be totally correct then you should also deregister from the Padron and the register of foreigners.
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Old Apr 23rd 2014, 5:38 am
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Default Re: Temporary non-residence - about returning?

Thanks guys/gals,

The idea is a little bit more than a holiday. I want to sell my UK house while it's still free of UK CGT - which is likely to be imposed as of next April according to the pundits - and invest the proceeds into my QROPS.

But if I then just attract Spanish CGT - which my abogado says will be calculated from the purhase date, 1992 - I might as well crawl into a hole and die now!

Meanwhile I have been told - possibly bar-rrom bollox - that if you're nowhere for more than 183 days you aren't tax-reseident anywhere if you don't want to be.

OK, there may be a possibility of setting up in Andorra for a year - horrible thought!

Any thoughts, experience yet on Spanish CGT?

Regs

Simon
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