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Pension

Posted: Wed Apr 3, 2019 7:45pm
7 replies301 views6 members subscribed
Davejan52

Posts: 43

2 helpful points

Location: Torrevieja

Joined: 16 Apr 2018

I am 59 and my U.K. private pension is taxed in the U.K. , do I have to pay tax on it in Spain as well , when we transfer it over  .

VivienneAnn

Posted: Wed Apr 3, 2019 7:56pm

VivienneAnn

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Posts: 258

434 helpful points

Joined: 7 Mar 2017

Posted: Wed Apr 3, 2019 7:56pm

If you plan to be in Spain for >6 months per year, you need to pay your tax in Spain. You stop paying tax in the UK (although there is a cut-over period to be managed, as the UK works April-April and Spain works Jan-Dec).

The exceptions are "government pensions", which continue to be taxed in the UK. "Government pensions" includes military, civil service, and (I believe) some NHS, teachers etc. Although the tax is paid in the UK, a tax return must be made in Spain, declaring the payments made in the UK.  

These rules derive from a bilateral non-double taxation treaty, and are independent of any Brexit issues.

However .... Brexit (in whatever form !!??) will impact the process of gaining Spanish Residency, and potentially the qualifying requirements, which in turn determines your ability to be in Spain for >6 month per year. 

Movingon

Posted: Thu Apr 4, 2019 7:48am

Movingon

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Location: Albatera

Joined: 7 Feb 2018

Posted: Thu Apr 4, 2019 7:48am

To get your pension paid net of UK tax you need to submit a 'Spain Individual' form through the Spanish tax office.

jimtaylor

Posted: Thu Apr 4, 2019 5:17pm

jimtaylor

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Location: Mudamiento

Joined: 2 Feb 2017

Posted: Thu Apr 4, 2019 5:17pm

Movingon wrote on Thu Apr 4, 2019 7:48am:

To get your pension paid net of UK tax you need to submit a 'Spain Individual' form through the Spanish tax office.

Not these days, as the system changed some years ago. You now get a fiscal residency certificate from AEAT after submitting your first tax return, and then submit that along with Spain-Individual to HMRC. After that, you won't be taxed in the UK.

I suggest you read some of my guides about tax:

Jim's guides - your complete guide to Spain

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Movingon

Posted: Fri Apr 5, 2019 11:00am

Movingon

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Location: Albatera

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Posted: Fri Apr 5, 2019 11:00am

Does the option to engage with the Spanish system via the Spain Individual prior to that first tax submission no longer exist ?

Absent that, and depending on when you actually arrive in Spain, it could mean waiting up to two years - or more - to get any UK tax paid back.

jimtaylor

Posted: Fri Apr 5, 2019 12:34pm

jimtaylor

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Joined: 2 Feb 2017

Posted: Fri Apr 5, 2019 12:34pm

AEAT no longer need to see and certify a Spain-Individual.

When you send that form and the fiscal residency certificate to HMRC, you do need to be careful about the declared start date of your fiscal residency. here.

Otherwise there's the risk that you'll have done a tax return here, claiming relief for the amount of tax paid in the UK, and then find you get a refund of that tax from HMRC. That would then mean you putting in a supplementary tax return here to correct the situation.

Mitch

Posted: Wed Apr 10, 2019 1:56pm

Posts: 14

3 helpful points

Location: Benejúzar

Joined: 9 Apr 2019

Posted: Wed Apr 10, 2019 1:56pm

Hi all. Ball park is the taxation rate on pensions/income lower or higher or the same in Spain? What about tax on share dividends? TIA

Mitch

Posted: Wed Apr 10, 2019 3:07pm

Posts: 14

3 helpful points

Location: Benejúzar

Joined: 9 Apr 2019

Posted: Wed Apr 10, 2019 3:07pm

Hi Kim

Wise words and received with thanks. So is there double tax then if you do? Sounds like I should keep my tax affairs in the uk.

I will read Jims piece, just finished the residency guide (;-) (:-)

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