The 90/180 day rule - Page 8

Paul, just be careful about residency. You probably know this but if you take out residency you'll be liable for Spanish tax and it will include any assets you have in any other country. Our accountant advised against taking residency for that reason as taxes are quite high in Spain. 

Up until now a blind eye was turned to the comings and goings of ex pats but with Brexit kicking in on Jan 1st that may change - nobody knows what if any change will take place but I would advise caution with residency unless you have to have it. 

My personal opinion is that the Spanish may continue to turn a blind eye rather than lose the  lucrative cash cow the ex pat community represents as things stand but, they may not. Hope this helps and good luck

Thanks for the advice, my company pension is quite small, we do own a house in England and have some savings but it appears there's no other way to stay here other than to apply for residency, I guess we'll just have to take the hit on the tax, all in all Spain has been a very expensive venture.

Paul, just a thought.   Do you have any grandparents who were Irish?   If so, you could apply for an Irish passport and claim to be part of the EU.  Surly that could save you having to apply for residency. It’s a long shot but thought I’d mention it to you.  Fingers crossed!

Hi Paul,

Once you obtain residency (a TIE card), leaving Spain for more than 182 days in each of the first 5 years of your 'temporary' residency will void it.  Once you've achieved "settled status" after 5 years residency in Spain, you will be classed as a 'permanent' resident and will be able to come and go more freely, subject to Schengen and any other post-Brexit travel regulations we have yet to find out about!

Personally, I'm very surprised to see that, with only 4 weeks to the Brexit transition deadline, there are many people still trying to decide whether, or not, they want to apply for residency in Spain.  This is a big decision and not just about securing healthcare and pension rights under the Withdrawal Agreement.  The tax regime in Spain is not as generous as the UK and while that may make little difference to a pensioner who is selling up everything in the UK to move permanently to Spain, for people who have significant assets outside of Spain, it needs very careful consideration.

Kind regards, 

Kim

It's the brexit deadline that brought me out here during a pandemic, I wouldn't have come out but for brexit, I'm 63 years old and really wanted to do this when I'm in receipt of state pension in 3 years time but worry that it might be much more difficult after brexit. I've been coming and going for years, I've decided to bite the bullet and get the ball rolling before the end of the year. Boris Johnson seems determined to leave without a deal so I think we might face real difficulties from next month, it looks like we'll have to limit our visits home, the problem there is my wife is only in her mid fifties and wanted to work again. We've also rented our house out for a year so we can't go back until October anyway, leaving us with no choice but to go for residency, sometimes the lack of options is good because it forces decisions to be made.

I genuinely believe that the EU are being very difficult BUT also believe that an agreement will be reached before the end of December. It’s to everyone’s advantage. Wait and see.  

That's true Paul and I can see why you would want residency in your circumstances. It's a dilemma. I'd suggest you have a chat with a good gestor or a legal eagle. It might give you a perspective on it that you were unaware of. Sometimes these people have their eat to the ground and have information not readily available through other channels. 

Also the Spanish authorities may calculate that the revenue lost under the current regime should they tighten controls could be recouped through the  tax liabilities of people who need to stay longer. If they do they may decide to tighten up on people arriving into the country. It's a calculated risk for them and also for everyone hoping to beat the system. 

Of ourse the system currently employed is technically in breach of Schengen regulations since there seems to be no checks at any of the airport's I've flown in and out of over the years. Do accurate information vis important before making a decision and that's why I'd advise consulting a professional.

Best of luck to you and I hope it all works out satisfactorily for you.  

I agree but my opinion is that it’s probably just France (usual suspects) and maybe Belgium who are causing the main problem by digging their heals in over fishing. There will have to be a compromise on this issue. 

I do believe they're being difficult but we (the UK) caused this mess and we've already shown we're ready to break agreements, I do hope you're right though and a deal is made, things were so much easier 5 years ago before we went down this road but we are where we are.

Thanks Eureka, it's full steam ahead now as time is tight.