padron - Page 2

Once again, you have to treat residence and fiscal residency as separate subjects. If you're not fiscally resident here but own a property, then you have to pay non-resident tax on the property.

Ref the 720, the legislation is messy to read because there are so many cross-references in one law to other laws, which makes it difficult to get a clear understanding. However, I think the following is the clearest instruction re the 720:

Orden HAP/72/2013:

Artículo 2. Obligados a presentar el modelo 720.

Estarán obligados a presentar el modelo 720, «Declaración informativa de bienes y derechos situados en el extranjero», las personas físicas y jurídicas residentes en territorio español, los establecimientos permanentes en dicho territorio de personas o entidades no residentes y las entidades a que se refiere el artículo 35.4 de la Ley 58/2003, de 17 de diciembre, General Tributaria,…

In this context, you have to read references to resident as meaning fiscally resident. What it says in effect is that (provided you meet the qualifying criteria) you have to submit a 720 if you're fiscally resident, or if you're non-resident and run a business in Spain. If you're non-resident and don't have a business here, then the 720 requirements aren't applicable to you.

Thanks Jim....really helpful. So in that context, do you or other members think there might be advantages for folks like us who are currently holiday owners seeking residencia pre-Brexit in anticipation of a permanent move in a couple of years time. Appreciate this is a bit of crystal ball given we don't know the details.

As things stand at the moment, there's a very definite advantage in having a residency certificate before the end of any agreed transition period. 

After Brexit it's expected that UK citizens will be treated the same as other non-EU countries, in which case it will be necessary to prove income far in excess of what most people receive, as well as more minor annoyances like providing criminal records certificates etc, and having to apply first for a visa in the UK and then a residencia card here in Spain.

The only drawback is that you'd need proof of health cover, which could mean you buying private health insurance.

I’m not a resident, but have a home hereand have signed on to the town hall with the pardon and I do pay taxes in spain , as do everyone who has property wether your resident or not

You'll be paying non-resident taxes, which is a totally different thing to fiscal residency.

As Pete says, if you're on the padrón, then you're breaking the law.

Don’t think so as how come I pay for rubbish clearance , Rates , and the only way the council know I’m here is through the padron so in all I don’t think you know what your talking about mate

I 

I personally think that just because you have residency, you think your the king of spain.

Don’t know how old you are, but you sound like a spoilt child the things you come out with.

If you're referring to me, that just shows how uninformed and stupid you are.

EDIT: Comment now withdrawn, with apologies for my misunderstanding.

Sorry Jim

Please disregard that last message, as it was not meant for you, and I do apologise, but some people who write on this forum don’t know the full facts of law in Spain

I will be going Down to the town hall tomorrow to find out once and for all about this Padron , as I don’t really give two monkeys wether I’ve got to be on it or not, all I do know is that there is a lot of people kidding themselves that being a resident is something special.