90 days in 6 months - Page 2

Are you declaring/paying income tax in Spain ?

If not, you do not meet the requirements of Residency. Arguably, you have a Residencia certificate/card under false pretenses.

If you declare/pay income tax in Spain, you can stay for as long as you want.

If you are Resident in Spain, you should have your healthcare transferred to Spain via S1. You should not use EHIC (which becomes invalid shortly).

The Residencia card replacement (the TIE) is invalidated if you are out of Spain for > 6 months.

Hello

  It is a bit  complicated. To me, you are living like a visitor to Spain & not a resident.......with no health care here except EHIC & probably not making a tax declaration here- I guess you are doing that in the UK.  I assume it hasn't been  an issue before  but perhaps might become one, maybe  it's time to decide which is your permanent home  & get the benefits that go with that. 

Elinspain

Until 2 years ago I was here permanently but then made a move to rent a place over in the UK but still spending most of the year here in Spain. I do have a fiscal registration number but I still pay tax at source on my UK pension. I have no income generated from Spain. Now I am very unclear as to what my present situation is. I did have a permanent CIP card before but since spending time in UK and signing up with medical there, I get a temporary card issued to cover me when I am here on the strength of my EHIC card., It all seems very complex to me.

You need to decide if you live in the UK or Spain.

If you live >182 days/year in the UK, you must relinquish your Spanish Residencia, Spanish driving licence, etc, and abide by the 90/180 rule. You can keep your Spanish bank (but the bank may change your account to a non-Resident account).

If you live >182 days/year in Spain (and holiday in the UK), you must declare/pay tax in Spain, and get your healthcare transferred to Spain via S1. The EHIC process ends shortly.

If you have never declared for income tax in Spain, but have been living in Spain, you may face back-taxation in Spain if/when you seek to reconcile your position.

If you have a UK State pension, this is taxable in Spain. Most UK employment-based pensions are taxable in Spain (although some other forms of UK "government" pensions - military, civil service, local authority, some NHS - remain taxable in the UK, but must be declared in Spain).

The good point is that you already have Residencia, so all this can be sorted out. If you want to live in Spain, you need a gestor/tax adviser.