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Residence, Ordinarily Resident and Fiscally Resident

Posted: Mon Feb 10, 2020 4:01pm
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Posts: 2

Location: Javea / Xàbia

Joined: 27 Jan 2020

Dear all, our plan were always to live in Javea and the UK 50:50 once retired. Brexit has 'forced or hands' and we will both finish work at the end of March and  spend more time in Javea. We will rent a home in the medium term but are likely to buy in the longer term. We are both under state retirement age.  To add I know there is a difference in the fiscal year start dates between the UK and Spain.

My understanding of the Withdrawal Agreement is scanty; but I know we can become resident in Spain (this year) and may register in the first 90 days. After 90 days we must register. If we stay in Spain for more than 179 days we become fiscally resident and become liable for taxes in the ways described so clearly in the other parts of this forum by Jim (thanks Jim if you read this).

However the 50:50 plan means we will remain ordinarily and fiscally resident in the UK for NHS and tax purposes (the NHS and HMRC notes you can be resident in two countries). My main reason for not becoming Spanish fiscally resident is because I believe the Spanish tax authorities don't recognise UK ISAs (we have our saving in these in the UK) and will tax dividends and capital gains on them.

Also I believe that we will be required to take out health insurance for the residencia process (that we have no intention to ever use) and that our EHICs may not or may not be valid after that process. Once we reach UK state retirement age we can obtain S1 certification as long as we remain resident in Spain (we are too young for the S1 process now). Our travel insurance will however cover us as we are resident in the UK and not be overseas for more than 180 days

I am as sure as I can be that some of you good people are living in Spain and the UK along similar lines but the withdrawal agreement doesn’t seem to cover this aspect of living very well (as far as I can see).Can anyone shed any light on how I make this happen registration wise please or offer any guidance?  And perhaps crucially have I understood things correctly? Also have I missed any ‘elephants in the room’? Are there any professionals in the Javea area who actually understand this all?

Many thanks !


Posted: Mon Feb 10, 2020 5:09pm

Posts: 39

star27 helpful points

Location: Moraira

Joined: 23 Jan 2020

Posted: Mon Feb 10, 2020 5:09pm

A couple of points...

Tax residency kicks in if you spend more then 183 days (cumulatively) in any calendar year.

From 2021 you may only spend 90 days in the EU per 180 days, so you can't do 6 months in one go...

You are supposed to "de-register" when leaving Spain to reside back in the UK, and would therefore need to re-register again for an extended stay.. personally I can't see the value in registering in Spain if you don't plan to be permanently resident.  Should you wish to register from next year you would need to comply with the non-EU residency requirements (significant additional funds etc.)

Posted: Mon Feb 10, 2020 7:15pm

Viejo Bribon

Original Poster

Posts: 2

Location: Javea / Xàbia

Joined: 27 Jan 2020

Posted: Mon Feb 10, 2020 7:15pm

@traceracing, thanks for your reply.

Posted: Tue Feb 11, 2020 5:03am

jimtaylor

Legendary helpful member

Posts: 5612

star8739 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Tue Feb 11, 2020 5:03am

I can't fault what you say. 

The only reservation I have is that, although the EHIC and S1 systems were agreed in the draft agreement, they don't appear in the recently approved withdrawal agreement. I hope the joint committee that will negotiate the details will just rubber stamp the topics covered in the draft agreement, but nobody yet knows what will happen.

As regards obtaining a residency certificate before the end of the transition period, converting this to a residencia card, and what this will entitle you to, when I've time I'm working through the formal agreement and trying to draw conclusions from it. When I do, I'll be posting details.

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