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Temporary Residency

Posted: Thu Nov 14, 2019 8:49am
11 replies347 views8 members subscribed
Ver001

Posts: 8

6 helpful points

Joined: 19 Oct 2019

As a retired person wishing to stay in Spain over 90 days in a 6 month period  but less than 183 days after BREXIT can anyone give advice on tax implications.  So far all I have received is Spanish tax law on permanent residency which is not what I'm looking to do. Is there anyone on this forum can point me in the right direction?

Movingon

Posted: Thu Nov 14, 2019 12:36pm

Movingon

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Posts: 1857

1607 helpful points

Location: Albatera

Joined: 7 Feb 2018

Posted: Thu Nov 14, 2019 12:36pm

There are many looking for ways to achieve the same thing but I've yet to hear of anyone coming up with anything workable and legal, do let us know if you do! 

jimtaylor

Posted: Thu Nov 14, 2019 3:50pm

jimtaylor

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Posts: 5612

8738 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Thu Nov 14, 2019 3:50pm

Nothing to fret about. Temporary residence and fiscal residence are two separate matters.

Confine yourself to less than 183 days in any calendar year and you remain fiscally resident in the UK.

This won't be affected by Brexit, as it's the double taxation treaty that determines where you're taxed, and that has nothing to do with the EU.

Not even big-headed boorish belligerent Boris has said anything about scrapping the treaty.

Ver001

Posted: Thu Nov 14, 2019 4:23pm

Ver001

Original Poster

Posts: 8

6 helpful points

Joined: 19 Oct 2019

Posted: Thu Nov 14, 2019 4:23pm

Thanks. This is what I've been led to believe too. Very helpful

Auldgrumpy

Posted: Sat Nov 16, 2019 11:57am

Posts: 21

16 helpful points

Location: La Marina

Joined: 16 Nov 2019

Posted: Sat Nov 16, 2019 11:57am

WE got all info from Spanish ambassador in Madrid. We stayed in Spain for 182 days each year without problem. We did not have to apply for residency, padron or tax. We moved here, and then we applied for residency, padron and national heallth certificate, (SIP).  We are now in the process of registering tax liability. No problems on any step of the process. 182 days is legal, but you must leave Spain on the 183rd day, and not return within 6 months of the departure date, unless coming to become resident. (We were told that the 90 day item, applies to UK insurance for cars mainly.) . But your best bet would be to ask for info from Madrid or a solicitor in Spanish law.

(I meant to add, we applied for NIE during the 6 months prior to residency, which was issued, no problem,(at a cost of course), and was used the following year to purchase house etc.)

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Yasmin1986

Posted: Thu Feb 6, 2020 3:11pm

Posts: 37

1 helpful points

Location: Torrevieja

Joined: 17 Sep 2019

Posted: Thu Feb 6, 2020 3:11pm

If I currently become resident and do so successfully, I have to prove 700 euros per month income. If my husband applies in 5 years time, will he have to prove the new higher rate of 2400 per month? 

He doesn't currently have a Spanish bank account and he works in the UK, paying bills etc in the UK too so doesn't have a spare 700 to put into a Spanish bank account. 

jacquigem

Posted: Thu Feb 6, 2020 4:02pm

Posts: 40

5 helpful points

Location: La Marina

Joined: 17 Jan 2017

Posted: Thu Feb 6, 2020 4:02pm

We have found residency requirements confusing as we have been told that our income does not count but we must have 14,000 Euros in the bank which we dont have . We own houses in Spain and UK and a large motorhome (worth more than £14K) but we have been told this would not count . We were looking for permanent residency to get round the Schengen restrictions and have accepted we would have to become fiscal residents as well , but the lack of ready cash seems to prevent this happening . So our current plan looks like being 90 days in Spain followed by 90 days in the motorhome in Morocco followed by 90 days back in Spain then 90 days ib the Uk . Hope this works and we are legal !!

jimtaylor

Posted: Thu Feb 6, 2020 4:12pm

jimtaylor

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Posted: Thu Feb 6, 2020 4:12pm

Yasmin1986 wrote on Thu Feb 6, 2020 3:11pm:

If I currently become resident and do so successfully, I have to prove 700 euros per month income. If my husband applies in 5 years time, will he have to prove the new higher rate of 2400 per month? 

He doesn't currently have a Spanish bank account and he works in the UK, paying bills etc in the UK too so doesn't have a spare 700 to put into a Spanish bank account. ...

...

As things stand at present, yes, but the Brexit negotiations may just possibly alter that.

I'm a bit surprised at you effectively saying that you and your husband will live apart for five years!

jimtaylor

Posted: Thu Feb 6, 2020 4:18pm

jimtaylor

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Posts: 5612

8738 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Thu Feb 6, 2020 4:18pm

jacquigem wrote on Thu Feb 6, 2020 4:02pm:

We have found residency requirements confusing as we have been told that our income does not count but we must have 14,000 Euros in the bank which we dont have . We own houses in Spain and UK and a large motorhome (worth more than £14K) but we have been told this would not count . We were lookin...

...g for permanent residency to get round the Schengen restrictions and have accepted we would have to become fiscal residents as well , but the lack of ready cash seems to prevent this happening . So our current plan looks like being 90 days in Spain followed by 90 days in the motorhome in Morocco followed by 90 days back in Spain then 90 days ib the Uk . Hope this works and we are legal !!

The post-Brexit requirements are either a large monthly income or ownership of an asset that can provide such an income, and a house doesn't provide an income unless it's let out.

You wouldn't immediately get permanent residency, as you have to be registered as resident, both pre- and post-Brexit, for five years before you qualify for permanent status. Until then you are classed as a temporary resident.

Yasmin1986

Posted: Thu Feb 6, 2020 4:26pm

Posts: 37

1 helpful points

Location: Torrevieja

Joined: 17 Sep 2019

Posted: Thu Feb 6, 2020 4:26pm

I'd be hopping back and forth all the time. But am confused as I've been told that I'd lose my British residency and if I was in the UK I'd have to pay for any NHS care, is this true? 

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