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Retiring to LA Marina - Page 2

Kimmy11

Posted: Tue Aug 18, 2020 11:46am

Kimmy11

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Posts: 6872

12569 helpful points

Joined: 8 Aug 2017

Posted: Tue Aug 18, 2020 11:46am

nicholajames1 wrote on Tue Aug 18, 2020 11:29am:

Hi

We won't be working, we will be retired. 

Thanks

Nic

Hi Nic,

I'm not working either, but I still have to submit a tax return each year.  I assume you guys have some form of income, or sufficient savings in order to qualify for residency?  I appreciate you may not want to discuss your personal circumstances on an open forum, but if you would like to discuss in more detail, please don't hesitate to Private Message me.

Kind regards, 

Kim

nicholajames1

Posted: Tue Aug 18, 2020 12:08pm

nicholajames1

Original Poster

Posts: 22

8 helpful points

Location: Rojales

Joined: 17 Aug 2020

Posted: Tue Aug 18, 2020 12:08pm

Kimmy11 wrote on Tue Aug 18, 2020 11:46am:

Hi Nic,

I'm not working either, but I still have to submit a tax return each year.  I assume you guys have some form of income, or sufficient savings in order to qualify for residency?  I appreciate you may not want to discuss your personal circumstances on an open forum, but if you would ...

...like to discuss in more detail, please don't hesitate to Private Message me.

Kind regards, 

Kim

Hi Kim

Yes we have private pensions and savings, we would also have income from rental properties. Would we pay tax on that please? 

Thanks

Nic

jimtaylor

Posted: Tue Aug 18, 2020 12:39pm

jimtaylor

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Posts: 5612

8739 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Tue Aug 18, 2020 12:39pm

nicholajames1 wrote on Tue Aug 18, 2020 11:29am:

Hi

We won't be working, we will be retired. 

Thanks

Nic

Whatever your income, you will have to submit a tax return for your first year of fiscal residency, even if no tax is due.

If you have income in the form of interest on savings from which UK tax is presently deducted, you will be entitled to have that income paid gross.

All covered in my tax guides.

nicholajames1

Posted: Tue Aug 18, 2020 12:47pm

nicholajames1

Original Poster

Posts: 22

8 helpful points

Location: Rojales

Joined: 17 Aug 2020

Posted: Tue Aug 18, 2020 12:47pm

jimtaylor wrote on Tue Aug 18, 2020 12:39pm:

Whatever your income, you will have to submit a tax return for your first year of fiscal residency, even if no tax is due.

If you have income in the form of interest on savings from which UK tax is presently deducted, you will be entitled to have that income paid gross.

All covered in my tax guides.

OK thank you Jim I understand now. 

Cheers

Nic

Stan Bartolome

Posted: Tue Aug 18, 2020 1:23pm

Stan Bartolome

Very helpful member

Posts: 356

535 helpful points

Location: Orihuela Costa

Joined: 15 Dec 2017

Posted: Tue Aug 18, 2020 1:23pm

nicholajames1 wrote on Tue Aug 18, 2020 12:08pm:

Hi Kim

Yes we have private pensions and savings, we would also have income from rental properties. Would we pay tax on that please? 

Thanks

Nic

Presumably any monies accrued via rental income (even in the UK) would also have to be declared & appropriate taxation paid in Spain if you are legally registered as a permanent resident, unless I'm mistaken?

Or would the tax be liability rest in the UK?

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jimtaylor

Posted: Tue Aug 18, 2020 1:44pm

jimtaylor

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Location: Mudamiento

Joined: 2 Feb 2017

Posted: Tue Aug 18, 2020 1:44pm

Stan Bartolome wrote on Tue Aug 18, 2020 1:23pm:

Presumably any monies accrued via rental income (even in the UK) would also have to be declared & appropriate taxation paid in Spain if you are legally registered as a permanent resident, unless I'm mistaken?

Or would the tax be liability rest in the UK?

Initially, tax would be paid in the UK, as normal. One would also be taxable in Spain for rental income in the UK, but tax paid in the UK could be deducted from any tax due in Spain.

Once a first tax return has been submitted here, one can apply to HMRC to be treated as a non-resident landlord, and the rental income would only be taxed in Spain.

If UK rental properties are unlet at any time, there is a liability here for 'imputed' tax on those UK properties.

Stan Bartolome

Posted: Tue Aug 18, 2020 1:51pm

Stan Bartolome

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Posts: 356

535 helpful points

Location: Orihuela Costa

Joined: 15 Dec 2017

Posted: Tue Aug 18, 2020 1:51pm

jimtaylor wrote on Tue Aug 18, 2020 1:44pm:

Initially, tax would be paid in the UK, as normal. One would also be taxable in Spain for rental income in the UK, but tax paid in the UK could be deducted from any tax due in Spain.

Once a first tax return has been submitted here, one can apply to HMRC to be treated as a non-resident landlord, and the rental income would only be taxed in Spain....

...

If UK rental properties are unlet at any time, there is a liability here for 'imputed' tax on those UK properties.

Cheers, Ray...as ever.

So I was right then? Any earnings from rental properties in the UK would be taxable in Spain.

I asked this as the OP appeared to think they wouldn't be liable, given one of their earlier responses to another poster. 

Unless, of course, they're planning on paying all their tax in the UK, hence why I wondered where this left them liability-wise with the Spanish authorities, given that it's a legal requirement for gaining perm resident status to be registered for tax in Spain.

Dave

jimtaylor

Posted: Tue Aug 18, 2020 2:12pm

jimtaylor

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Posts: 5612

8739 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Tue Aug 18, 2020 2:12pm

Stan Bartolome wrote on Tue Aug 18, 2020 1:51pm:

Cheers, Ray...as ever.

So I was right then? Any earnings from rental properties in the UK would be taxable in Spain.

I asked this as the OP appeared to think they wouldn't be liable, given one of their earlier responses to another poster. 

Unless, of course, they're planning on paying all their tax in the UK, hence why I wondered where this left them liability-wise with the Spanish authorities, given that it's a legal requirement for gaining perm resident status to be registered for tax in Spain.

Dave

Ray? 

A resident in Spain is taxable on his worldwide income. The only form of income that is exempt from direct taxation here is a pension in respect of UK government employment, and even that has to be declared here.

The rules are all set out in the double taxation treaty but, the way that is written, it gives the tax authorities in both the UK and Spain the opportunity to get their sticky fingers on several forms of income.

nicholajames1

Posted: Tue Aug 18, 2020 2:32pm

nicholajames1

Original Poster

Posts: 22

8 helpful points

Location: Rojales

Joined: 17 Aug 2020

Posted: Tue Aug 18, 2020 2:32pm

Stan Bartolome wrote on Tue Aug 18, 2020 1:23pm:

Presumably any monies accrued via rental income (even in the UK) would also have to be declared & appropriate taxation paid in Spain if you are legally registered as a permanent resident, unless I'm mistaken?

Or would the tax be liability rest in the UK?

Yes I think you are right there Kim. I think it would have to declare it to the Spanish tax authorities. 

nicholajames1

Posted: Tue Aug 18, 2020 2:35pm

nicholajames1

Original Poster

Posts: 22

8 helpful points

Location: Rojales

Joined: 17 Aug 2020

Posted: Tue Aug 18, 2020 2:35pm

jimtaylor wrote on Tue Aug 18, 2020 1:44pm:

Initially, tax would be paid in the UK, as normal. One would also be taxable in Spain for rental income in the UK, but tax paid in the UK could be deducted from any tax due in Spain.

Once a first tax return has been submitted here, one can apply to HMRC to be treated as a non-resident landlord, and the rental income would only be taxed in Spain....

...

If UK rental properties are unlet at any time, there is a liability here for 'imputed' tax on those UK properties.

That you Jim that's very informative. It's a lot to take in 👍

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