How come our UK State Pensions are entirely wiped-out by Hacienda? - Taxes in Orcheta: Suma, NIE and general tax advice - Orcheta forum - Costa Blanca forum in the Alicante province of Spain
Thy Will Be Done
Jennifer Cunningham Insurances SL
Costa Blanca Building Specialists
Car Key Solutions
James Spanish School
POSITIVE BELIEFS
interior building work
ASSSA Insurance
Gentlevan Removals
Airport Service Taxi Mil Palmeras  Torre de la Horadada
Expat Services
Gran Alacant Insurances
AA Free English TV
Blacktower Financial Management
Espana Dream Properties

Join the Orcheta forum

Join the Orcheta forumMy name's Alex and this is my website all about Orcheta in Spain. Register now for free to talk about Taxes in Orcheta: Suma, NIE and general tax advice and much more!

How come our UK State Pensions are entirely wiped-out by Hacienda? - Page 4

babbelj

Posted: Wed Feb 22, 2023 8:25pm

Posts: 48

22 helpful points

Location: Orihuela

Joined: 15 Apr 2020

Posted: Wed Feb 22, 2023 8:25pm

Gareth23 wrote on Thu Feb 16, 2023 7:26pm:

Thanks, but it is not "anticipated pension amounts" in my case, as I have already been receiving my pension for three years.  How I know that almost all my UK pension is being taken by the taxman in Spain is simply that it happens every year!  Hacienda takes most of the amount I get pai...

...d by the UK state pension.  I am left with just a few hundred each month of my Spanish pension.

The fact that my friend has just discovered his entire UK pension will be taken by Hacienda (apart from one pound per month!) prompted me to ask whether this can be right.  I do not want to provide all the figures here because I am conscious that a public forum is not the place to put financial information!  

My colleague and I simply want to get this situation properly examined because we have been teaching and paying into pensions on the understanding we could retire without being in poverty, but we had not taken into account the punitive take from Hacienda when your pension comes from more than one payer.

Clearly, we need a tax professional on this but we have no idea where to go, and we shall share the cost of consultation as we are both in the same plight.

Is it possible to stop sending your pension to Spain or have your pension sent to one of your relatives or a saving account?  No shouting please I have no idea of this is legal or not.

Kimmy11

Posted: Thu Feb 23, 2023 8:10am

Kimmy11

Legendary helpful member

Posts: 6872

12569 helpful points

Joined: 8 Aug 2017

Posted: Thu Feb 23, 2023 8:10am

babbelj wrote on Wed Feb 22, 2023 8:25pm:

Is it possible to stop sending your pension to Spain or have your pension sent to one of your relatives or a saving account?  No shouting please I have no idea of this is legal or not.

Hi babbelj,

No, it isn't legal and even trying it would be foolhardy, as the Hacienda and HMRC share information about their citizens living in each other's country.

Kind regards, 

Kim

AndrewM

Posted: Sun Feb 26, 2023 2:17pm

Posts: 46

9 helpful points

Location: Alicante City

Joined: 20 Apr 2021

Posted: Sun Feb 26, 2023 2:17pm

alacant wrote on Thu Feb 16, 2023 8:28pm:

Thanks for the reply. I also declare yearly online.

The documentation concerning the number of sources of income declarable for pension purposes is explained here;

https://www.boe.es/eli/es/res/2003/01/13/(1)

My main issue, as with @Gareth23, is the one of the reduction in allowance after which tax must be paid when the pension originates from more than one source 

I wonder if anyone has experience in dealing with this or could recommend a gestor versed in UK pensions who could clarify?

Cheers and thanks again.

This BOE article talks about 

i. the limits for declaring tax when you have pensions from multiple sources 

ii. the retention that is applied at source by the pension payer 

iii. the procedure for asking hacienda to lower the retention of one or more payers so that the total retention is not more that what you would have from one payer

However, this is just about the situation in which you need to make a tax declaration and the retention that is made at source. It does not state anywhere that the final tax threshold is higher because you have more than one pension. If a higher retention is made than should be made, as long as  you make an end of year tax declaration, you should get refunded the overpaid tax.

AndrewM

Posted: Sun Feb 26, 2023 4:08pm

Posts: 46

9 helpful points

Location: Alicante City

Joined: 20 Apr 2021

Posted: Sun Feb 26, 2023 4:08pm

Kimmy11 wrote on Sun Feb 19, 2023 7:49pm:

Hi Gareth,

I asked my tax advisor about receiving State pensions from 2 payers, and this is extracted from their response:

"An individual can only ever receive 100% state pension from their responsible country, if they only contribute to social security in UK and EU countries. A person cannot receive any more than that, no matter how many additional years they pay in.

"So, if someone pays 25 years to UK, then 15 years to Spain, they would still only get the equivalent of 100% state pension not (for example) 25/37ths of a UK pension plus 15/37ths of a Spanish pension, i.e. they cannot receive 40/37ths of a state pension.

"(The number of years required to get 100% state pension depends on retirement age and required contributory years of the individual, therefore 37 is used only as an example.)

"The only way to get more than 100% combined state pension is if the person works beyond their retirement age in Spain and so can accrue more pension years."

This suggests to me that the idea offered by Geoffro, to claim only one State Pension, or mine to defer claiming, are worth investigating with a fiscal asesor.

Kind regards, 

Kim

Hi Kimmy,

When it comes to claiming a pension from one country (UK or Spain) you can request that years paying into the social security system of another EU country are taken into account (for the period that UK was in the EU). In this situation it makes sense that the combined total of years cannot be more than 100% of the total state pension from whichever state they are claiming from. I suspect that your tax advisor had this situation in mind. It is not the same situation as actually taking pensions from two countries.

Sign up for free or login to reply to this topic

Want to reply to this topic? Login or register for free to post your message:

Find more Taxes topics from a particular area:


Register for free!

Login to your account

Thy Will Be Done
Jennifer Cunningham Insurances SL
Costa Blanca Building Specialists
Car Key Solutions
James Spanish School
POSITIVE BELIEFS
interior building work
ASSSA Insurance
Gentlevan Removals
Airport Service Taxi Mil Palmeras  Torre de la Horadada
Expat Services
Gran Alacant Insurances
AA Free English TV
Blacktower Financial Management
Espana Dream Properties
Advertise your business here
Advertise your property
Help with my computer