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HMRC Dual taxation process

Posted: Wed Jul 6, 2022 7:50pm
8 replies189 views5 members subscribed
Knc60

Posts: 34

7 helpful points

Location: Benidorm

Joined: 24 Jul 2020

Dear members

Please can you advise or confirm my dual taxation treaty query 🙏

I am UK citizen and have crown pension ( and exempt from Spanish tax) and rental profit from 2 properties in UK. But I now live here and  have 5 Yr temporary TIE

My Spanish accountant has now completed my first Modelo 720 and full tax return 

I contacted HMRC to discuss the dual taxation form. I was told that any additional rental income paid in Spain is not refundable under treaty.

Only  taxes on private pensions and state pensions. I'm sure this is correct but would appreciate any experiences and confirmation. 

Thank you 

Kelvin1960

Posted: Thu Jul 7, 2022 12:11am

Kelvin1960

Super helpful member

Posts: 1486

1769 helpful points

Joined: 5 Mar 2017

Posted: Thu Jul 7, 2022 12:11am

We declare/pay income tax on our (British) private sector pensions in Spain, but our income received from (the profit on) UK property is declared/taxed in UK.

We do not yet receive state pensions. We have no "government" pensions.

In the event that I earned any additional income from work in Spain, I would expect to declare/pay income tax on it in Spain.

Knc60

Posted: Thu Jul 7, 2022 10:30am

Knc60

Original Poster

Posts: 34

7 helpful points

Location: Benidorm

Joined: 24 Jul 2020

Posted: Thu Jul 7, 2022 10:30am

Kelvin1960 wrote on Thu Jul 7, 2022 12:11am:

We declare/pay income tax on our (British) private sector pensions in Spain, but our income received from (the profit on) UK property is declared/taxed in UK.

We do not yet receive state pensions. We have no "government" pensions.

In the event that I earned any additional income from work in Spain, I would expect to declare/pay income tax on it in Spain.

Hi Kelvin

Thanks for your response.. 

My accountant has declared my UK rental income to the Spanish tax authorities. As such, I am now paying tax for said income in UK and Spain.. 

Do you have to do the same 🤔

Thanks

Kelvin1960

Posted: Thu Jul 7, 2022 12:28pm

Kelvin1960

Super helpful member

Posts: 1486

1769 helpful points

Joined: 5 Mar 2017

Posted: Thu Jul 7, 2022 12:28pm

Knc60 wrote on Thu Jul 7, 2022 10:30am:

Hi Kelvin

Thanks for your response.. 

My accountant has declared my UK rental income to the Spanish tax authorities. As such, I am now paying tax for said income in UK and Spain.. 

Do you have to do the same 🤔

Thanks

No

Our UK rental (profit) income is notified to the Spanish authorities, so it can/could influence our marginal income tax rates in Spain.

But the income tax is paid in UK.

  

Craignathan

Posted: Wed Jul 13, 2022 5:03pm

Posts: 34

2 helpful points

Location: Benidorm

Joined: 17 Jan 2021

Posted: Wed Jul 13, 2022 5:03pm

Kelvin1960 wrote on Thu Jul 7, 2022 12:28pm:

No

Our UK rental (profit) income is notified to the Spanish authorities, so it can/could influence our marginal income tax rates in Spain.

But the income tax is paid in UK.

  

Hi I'm finding this interesting as I'm moving to spain in next few years.. its nice to here from someone who knows whats happening.

Q1.do you get your standard tax free allowance still in the UK whilst your living in spain from your rental property? 

Q2. do you also get the Spanish tax free allowance on earnings made in spain ? If so how much is it? 

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Kelvin1960

Posted: Wed Jul 13, 2022 10:45pm

Kelvin1960

Super helpful member

Posts: 1486

1769 helpful points

Joined: 5 Mar 2017

Posted: Wed Jul 13, 2022 10:45pm

Craignathan wrote on Wed Jul 13, 2022 5:03pm:

Hi I'm finding this interesting as I'm moving to spain in next few years.. its nice to here from someone who knows whats happening.

Q1.do you get your standard tax free allowance still in the UK whilst your living in spain from your rental property? 

Q2. do you also get the Spanish tax free allowance on earnings made in spain ? If so how much is it? 

1. Yes

2. Yes. Like the UK, there is a sliding scale of marginal tax rates (with some age-related tax breaks). The tax take is generally higher than in the UK, and the personal allowances are lower (I think only Eu 5,500 pa per person, but I'm not certain of that number, and there are some "black art" options around being taxed individually or as a couple ). My wife and I pay tax on our UK company pension incomes at Spanish rates (just as if we had earned them in Spain). 

It is my understanding (fortunately we are not in this position) that those reliant solely or mostly on UK State Pensions, and with established Spanish Residency, are not dramatically prejudiced by the Spanish tax system.

If, on the other hand, if you will be coming to Spain (from the UK) on a post-Brexit visa scheme, your qualifying level of earnings will likely attract a larger tax-take in Spain than in the UK.   

Craignathan

Posted: Wed Jul 13, 2022 11:23pm

Posts: 34

2 helpful points

Location: Benidorm

Joined: 17 Jan 2021

Posted: Wed Jul 13, 2022 11:23pm

Kelvin1960 wrote on Wed Jul 13, 2022 10:45pm:

1. Yes

2. Yes. Like the UK, there is a sliding scale of marginal tax rates (with some age-related tax breaks). The tax take is generally higher than in the UK, and the personal allowances are lower (I think only Eu 5,500 pa per person, but I'm not certain of that number, and there are some "black art" o...

...ptions around being taxed individually or as a couple ). My wife and I pay tax on our UK company pension incomes at Spanish rates (just as if we had earned them in Spain). 

It is my understanding (fortunately we are not in this position) that those reliant solely or mostly on UK State Pensions, and with established Spanish Residency, are not dramatically prejudiced by the Spanish tax system.

If, on the other hand, if you will be coming to Spain (from the UK) on a post-Brexit visa scheme, your qualifying level of earnings will likely attract a larger tax-take in Spain than in the UK.   

Okay I think I'm following what you said there thanks.

Is it right on rental income in uk then the tax is paid in uk at uk rates then whatever is remains after tax is your to keep in spain with no further tax penalties?

However I'm guessing this shall be classed as earnings in spain so would still effect earning tax brackets in spain. Thanks for advice in advance 

Kelvin1960

Posted: Thu Jul 14, 2022 10:47pm

Kelvin1960

Super helpful member

Posts: 1486

1769 helpful points

Joined: 5 Mar 2017

Posted: Thu Jul 14, 2022 10:47pm

Craignathan wrote on Wed Jul 13, 2022 11:23pm:

Okay I think I'm following what you said there thanks.

Is it right on rental income in uk then the tax is paid in uk at uk rates then whatever is remains after tax is your to keep in spain with no further tax penalties?

However I'm guessing this shall be classed as earnings in spain so would still effect earning tax brackets in spain. Thanks for advice in advance 

Yes, that is my understanding & my experience.

My wife and I each have a flat in the UK ... nothing special ... so the "profit" on each (income minus allowable expenses) is below the UK tax threshold, so we pay no income tax in the UK.

But we have to tell the Spanish taxman about that profit, and there is the potential for it to move us (individually) up a tax bracket ... although, in practice, this hasn't happened.  

Craignathan

Posted: Thu Jul 14, 2022 11:51pm

Posts: 34

2 helpful points

Location: Benidorm

Joined: 17 Jan 2021

Posted: Thu Jul 14, 2022 11:51pm

Kelvin1960 wrote on Thu Jul 14, 2022 10:47pm:

Yes, that is my understanding & my experience.

My wife and I each have a flat in the UK ... nothing special ... so the "profit" on each (income minus allowable expenses) is below the UK tax threshold, so we pay no income tax in the UK.

But we have to tell the Spanish taxman about that profit, and there is the potential for it to move us (individually) up a tax bracket ... although, in practice, this hasn't happened.  

Thats great you have answered some questions I had been thinking about for a while now. Thank you. 

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