padron

There are no benefits as it is illegal. The Padron is a list of permanent residents in the area and affects the amount of funds available to the Town Hall. By signing on the Padron you are stating that you are a permanent resident and therefore a fiscal resident, liable for taxation in Spain. I'm not sure if you could be fined yourself but plenty of town halls have been fined for encouraging non-residents to sign on to get more money. 

The only thing likely to be an advantage before the end of the transition period is becoming a legal resident as an EU citizen.

Thanks Cheryl...that's helpful. I was mistakenly of the understanding that non-resident owners were also encouraged to be on the Padron but you're saying that would be illegal. Interesting.

Thanks

George

Despite the legal position some town halls do actively encourage non residents to enrol but as Cheryl says is of itself amounts to a declaration of residency. 

I guess the reason some non residents go on it is because sometimes when making major purchases (cars for instance) dealers ask for it but they have no legal reason to and there is nothing to stop them making a sale without it. 

If you encounter someone who insists then walk away and shop elsewhere. 

Again thanks for clarity. As a supplementary question, is it possible to have residencia without fiscal residence? I'm thinking of a scenario where someone wants to stay for more than 90 days in Spain but less than the 183 days that would constitute fiscal residence? Sorry if these are niave questions but all a bit complicated.

Thanks Ray. So if I lived 4 consecutive months a year in Spain and 8 in UK I would be fiscally resident in both? I thought, again maybe wrongly that you were fiscally resident wherever you spent the majority of your time.

Thanks Ray....that's clear.

https://www.costablancaforum.com/area/almorad%C3%AD-spain-11/residency-in-almorad%C3%AD-padron-residencia-passport-advice-23/jims-guide-illegally-registering-on-the-padrn-45644/

There's a lot of understandable confusion about residence and fiscal residency caused, in my opinion, by Spain trying to shoehorn EU citizens into complying with the 90 day registration rule imposed on non-EU citizens. The easiest thing to do is to regard them as two different matters.

Applying for a residency certificate within 90 days of arrival is a legal requirement, but that doesn't make you a fiscal resident - you only become that if you stay here 183 days or more in a calendar year.

The double taxation treaty between Spain and the UK is perfectly clear about where you are fiscally resident. Although there are curly words to cover other eventualities, you are fiscally resident in the country in which you have your habitual abode, i.e. where you live most of the time.

Thanks Jim....that was my understanding too but Ray has a clear but different view on fiscal residency. I guess that underlines the confusion you mention. 

That's what I'm confused about Ray....it seems a bit of a stretch to assume that because you live in Spain for more than 90 days ( say 100 days) then that's your habitual residence even although you spend the other 265 days in UK. Wouldn't UK Gov want to regard you as UK resident for tax purposes?