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UK national non-resident property owner in Spain affected by Brexit

UK national non-resident property owner in Spain affected by Brexit

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Old May 31st 2021, 10:18 am
  #31  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by growinspain
If you purchase a €500,000 home... A little out of the price range of the normal brit pensioner .
I know that and was in relation to the previous post: property ownership cannot ever be a factor nor should it be, that would be discrimination on the basis of wealth! Fact is that for some, property ownership does mean you have more rights.
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Old May 31st 2021, 11:18 am
  #32  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by ValTay0607
I DID NOT vote for Brexit. Sorry, idiots voted Brexit, not knowing the implications. I knew the implications, ergo voted to REMAIN. So there!
Sorry, when I said YOU it was a collective ie you the British.

Like I said further up the thread, I do sympathise with Remainers, it's a rotten business.
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Old May 31st 2021, 12:10 pm
  #33  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by Moses2013
Well technically any British person who bought property in the EU and planned to retire there could sue the British government. If you sell and are faced with extra taxes, you could also argue that the British government would have to cover the extra cost. Very few will do it though.
Interesting take on the situation ....... is that your opinion or sound legal advice ? ....... Id be interested to know what you would sue the government for and on what basis would they have to pay taxes ?

The reality is that any non resident owner (including me) has to suck it up and move on.
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Old May 31st 2021, 12:17 pm
  #34  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by Barriej
Not wishing to be antagonistic but why should Spain give the Uk any preferential treatment?
The 'concerns' are from a small number of British citizens, who should be lucky they can afford to spent 90/180 days away twice a year.
The Brexit vote happened ages ago and it was easy to get the information that explained what the consequences would be for the removal of the 'freedom of movement'
There were umpteen threads on here and the other forum's, so none of this should have been a surprise to anyone.
Some of us, used that information to move our retirement plans forward, others decided to modify them.

The financial requirements are not 'excessive' you should count yourself lucky you can afford two properties in different countries (many cannot or ever will afford one property in their home country)
And once you sell that home in the UK and with your OAP most of you should have more than enough to satisfy those requirements. After all Spain is not asking you to give them the money, just prove its available to you.
Driving licences again, yes Spain and the UK could come to an agreement but its not important to the Uk government at this time and I doubt its ever going to be a concern to Spain (make more money getting you to take a test, than the €47 for the medical and the whatever for the form, every 5 or 10 years).
Pet passports (you should have done what some friends of ours did and got the passport from a Spanish vet) as this is still valid for travel....

And while Im being honest, the current situation was not the 'current bunch of incompetents' fault. Its the fault of those who voted for it under a different bunch of incompetents (not that I have any love for the current bunch). And most of the people who voted were just normal people who wanted to restrict the 'free movement' of others to the UK but didn't understand, or care that it meant the same for them.
People were moving to Spain and the rest of the EU before there ever was a freedom of movement and thinking in purely financial terms to me is a stupid way to make a decision about where to live out your old age.

And with regard to the money the retired and second homers give the Spanish economy, I doubt that would be a strong enough argument for a change. Its pennies (or cents) in the grand scheme of things.

Most of the money Spain gets comes from tourists on their two week summer holiday. And these people dont and wont care about the 90 day rule.
I would think that 99% of them would not be thinking of retiring here (or anywhere else for that matter).

https://www.schengenvisainfo.com/new...r-december-31/
Current data shows that the number of British passport holders who visit Spain per year is about 17 million on average, which makes the latter the most popular holiday destination in the world for Britons. Moreover, the number of those who own a home somewhere in Spain is between 800,000 and 1 million.
How many of these have purchased property to rent out isn't stated but its probably a few.

And as to your last statement. Thats how wars start, nobody wins. The saying 'cutting your nose off' springs to mind.


My 2c and it may not be agreed with.

Sums it all up very well !!
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Old May 31st 2021, 12:36 pm
  #35  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by UKMS
Interesting take on the situation ....... is that your opinion or sound legal advice ? ....... Id be interested to know what you would sue the government for and on what basis would they have to pay taxes ?

The reality is that any non resident owner (including me) has to suck it up and move on.
Wasn't suing government etc part of the Brexit Repeal Bill? I really don't see anyone who owns property in the EU winning such a case against UK Government.
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Old May 31st 2021, 12:59 pm
  #36  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by bobd22
Wasn't suing government etc part of the Brexit Repeal Bill? I really don't see anyone who owns property in the EU winning such a case against UK Government.
I believe it was ......
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Old May 31st 2021, 1:29 pm
  #37  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by UKMS
Interesting take on the situation ....... is that your opinion or sound legal advice ? ....... Id be interested to know what you would sue the government for and on what basis would they have to pay taxes ?

The reality is that any non resident owner (including me) has to suck it up and move on.
I'm still in the EU but the reality is that anything is possible and any person has the right to make a case. You could argue that you bought property as an EU citizen and a non resident EU citizen continues to pay 19% income tax, so why should I pay 24%? If I buy a car with 5 years warranty, can the car dealer or government now force me to pay extra money to keep the warranty? If my plan was to retire to Spain as an EU citizen next year and I invested a lot of money in that property, maybe I can claim Capital Gains Tax? Don't want to argue about it but there are many examples: https://www.leighday.co.uk/our-servi...sh-government/ After all the government is not the law.

Last edited by Moses2013; May 31st 2021 at 1:54 pm.
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Old May 31st 2021, 1:54 pm
  #38  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by Moses2013
I'm still in the EU but the reality is that anything is possible and any person has the right to make a case. You could argue that you bought property as an EU citizen and a non resident EU citizen continues to pay 19% income tax, so why should I pay 24%? If I buy a car with 5 years warranty, can the car dealer now force me to pay extra money to keep the warranty? If my plan was to retire to Spain as an EU citizen next year and I invested a lot of money in that property, maybe I can claim Capital Gains Tax? Don't want to argue about it but there are many examples: https://www.leighday.co.uk/our-servi...sh-government/ After all the government is not the law.
I have to saw you’ve lost me a bit on your explanations

I would also add that the examples on the LeighDay website are a little out of context to someone who’s retirement plans have been adjusted because of brexit.

If there was solid legal grounds for people making a claim I’m quite sure that there would be PPI type law firms all over it like a rash and I haven’t seen that (of course I could be wrong)
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Old Jun 3rd 2021, 5:35 pm
  #39  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by Moses2013
I'm still in the EU but the reality is that anything is possible and any person has the right to make a case. You could argue that you bought property as an EU citizen and a non resident EU citizen continues to pay 19% income tax, so why should I pay 24%? If I buy a car with 5 years warranty, can the car dealer or government now force me to pay extra money to keep the warranty? If my plan was to retire to Spain as an EU citizen next year and I invested a lot of money in that property, maybe I can claim Capital Gains Tax? Don't want to argue about it but there are many examples: https://www.leighday.co.uk/our-servi...sh-government/ After all the government is not the law.
Leigh Day employ the lowest forms of life you will ever come across , they are the one`s who tried to set up /sue British soldiers .
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Old Jun 4th 2021, 4:57 am
  #40  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by Moses2013
You could argue that you bought property as an EU citizen and a non resident EU citizen continues to pay 19% income tax, so why should I pay 24%?.
Every Brit in Spain who would have been resident there for more than 3 months at a time were given a route to continue to be legally resident in Spain for longer than 3 months after the UK left the EU, even if they'd not registered previously. That route closed on 31st December 2020.

For those that chose not to register, that's not Spain's fault, nor the UK government's (no matter how incompetent I think the latter are)...
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Old Jun 4th 2021, 6:50 am
  #41  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by DaveLovesDee
Every Brit in Spain who would have been resident there for more than 3 months at a time were given a route to continue to be legally resident in Spain for longer than 3 months after the UK left the EU, even if they'd not registered previously. That route closed on 31st December 2020.

For those that chose not to register, that's not Spain's fault, nor the UK government's (no matter how incompetent I think the latter are)...
The point is that many couldn't become legally resident. If your retirement is only starting next year and you bought property with the intention of spending retirement in Spain before Brexit was announced, then the UK government took away that right. There are many people who are far from rich and might have invested their money in property, so you can make a case. It is not Spain's fault and I never said that. If I was British in that situation then I would definitely challenge the British government.

Last edited by Moses2013; Jun 4th 2021 at 7:55 am.
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Old Jun 4th 2021, 7:03 am
  #42  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by Moses2013
The point is that many couldn't become legally resident.
Why would that have been? Becoming legally resident as an EU national in Spain to reside longer than 90 days doesn't make you non-resident in the UK.

​​​And the procedure would have been fairly simple at the time.
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Old Jun 4th 2021, 8:09 am
  #43  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by DaveLovesDee
Why would that have been? Becoming legally resident as an EU national in Spain to reside longer than 90 days doesn't make you non-resident in the UK.

​​​And the procedure would have been fairly simple at the time.
You can only be legally resident if you are living in Spain. If I'm 60, employed in the UK and have a few years left until I get the pension, how would I be a Spanish resident?
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Old Jun 4th 2021, 8:14 am
  #44  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by DaveLovesDee
Why would that have been? Becoming legally resident as an EU national in Spain to reside longer than 90 days doesn't make you non-resident in the UK.

​​​And the procedure would have been fairly simple at the time.
By definirion, you can only be resident in one place

Resident == have ones (main) home somewhere
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Old Jun 4th 2021, 8:37 am
  #45  
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Default Re: UK national non-resident property owner in Spain affected by Brexit

Originally Posted by Moses2013
You can only be legally resident if you are living in Spain. If I'm 60, employed in the UK and have a few years left until I get the pension, how would I be a Spanish resident?
Residency within the EU for non-nationals of that country are defined as anyone who lives in the host member state for longer than 3 months. As a Brit, anytime you or anyone else lived in Spain longer than 3 months in a single period, you were deemed resident for the purposes of EU free movement, whether you registered as required by Spain or not.

And from what I remember, the EU residence card was still valid for periods where you returned to the UK to live. Someone will remind me of the details soon, I hope.
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