Residency and taxes

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03 Dec 2012 3:24 PM by saggyraver Star rating. 17 posts Send private message

Is it possible to be resident in Spain but continue to pay tax in the Uk?

My income comes from my residential investments in the UK therefore I pay tax there, but this is preventing me from obtaining full residency status and health care in Spain as i have no NIE number.

Any ideas anyone???

Thankyou

Gary





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03 Dec 2012 3:55 PM by johnzx Star rating in Spain. 5242 posts Send private message

 

Under the double taxation agreements between Spain and UK, income from letting  in UK is one of the few exceptions to the rule that all income can only be taxed in Spain if you are tax resident here..
 
So Letting income in UK is OK, it must be paid there

 

 

Anyone can apply for an NIE,  however,  if you are going to live in Spain, then you will need to register on EU  Citizens Register (as an EU citizen it is not a Residencia, that only apples to Non EU citizens).  The number you will get is the NIE.

As for health cover.  You will need to give a few more details for that to be answered.  Usually,  if you are not working and not in receipt of an OAP then you will not get cover.





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03 Dec 2012 4:36 PM by saggyraver Star rating. 17 posts Send private message

Thank you johnzx. 

I registered with the local policia in June and have my 'Certificado de registro de cuidadano de la union'.

My bank account is a non-resident one as i have been told by them i cannot change to a residents account until i have an NIE number and that i will not get one until i have a job!.

We tried to get me onto my Spanish girlfriends health cover but were told that wouldn't be possible as i had no work contract.

I have been living in Spain since May.

I'm only 44 so no pension only rental income.

What a bummer!! seems like prlivate health care is the answer despite the fact that I continue to pay my N1 contributions in the Uk there is no reciprocal arrangement with Spain. When my Spanish girlfriend lived with me in London she had free health care from the word go with no job!!!





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03 Dec 2012 5:05 PM by johnzx Star rating in Spain. 5242 posts Send private message

The number on your 'Certificado de registro de ciudadano de la union'  is your NIE.  
 
According to the Hacienda, once one has that cert they are immediately tax resident in Spain, the 183 rule is over-ridden.
 
The rule governing health cover I UK and Spain are different. In the UK once a person is resident (living there) they are covered. Not so in Spain.





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04 Dec 2012 4:38 PM by camposol Star rating in Camposol. 1406 posts Send private message

Surely under the new rules, (even though you have to pay uk tax) you can still register on the Spanish tax system and make a negative income tax declaration, and as your income will be under 100,000 e per year, you will receive free care. Many early retirees have now done this. Have you sought the advice of a reputable Spanish tax accountant on this matter?





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04 Dec 2012 4:47 PM by johnzx Star rating in Spain. 5242 posts Send private message

Campsol, 

                    ......................... and as your income will be under 100,000 e per year, you will receive free care

Are you sure that is correct ?   If it is,  could you please post  where it is confirmed. 





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04 Dec 2012 4:56 PM by camposol Star rating in Camposol. 1406 posts Send private message

Costa Blanca news,southern edition, a few weeks ago in the letters section, can be viewed online. A couple of early retirees became fiscal residents, completed appropriate forms and received their medical cards for free care. If you earn less than 100,000 e per year and are fiscal residents you can now receive free care.





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04 Dec 2012 5:07 PM by saggyraver Star rating. 17 posts Send private message

 Hi Johnzx,

Yes you are right i do have the NIE number, d'oh!! but the bank still told me i couldn't transfer to a residents account with this card as it is only temporary residency and i needed a work contract to open a residents account.

As for health care wherever i look it seems that i do not qualify for free health care. I have not heard about the new rules Camposol mentioned but will look into it, thank you.

 





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04 Dec 2012 5:33 PM by johnzx Star rating in Spain. 5242 posts Send private message

Camposol

Thanks but can you give us a 'legally recognised' site (Spanish Gov. maybe). 

As we know,  no one should believe anything they read in a newspaper. 

(I say that having had several hundred letters published over the years, many of them correcting errors in earlier editions).

 

Saggy,  
                            There is no such thing as temporary residency.  Once you have the EU Citizen's Cert you are tax resident.  Tell your bank to speak to Hacienda, I have.





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04 Dec 2012 8:15 PM by juansheetisplenty Star rating in Cartagena. 283 posts Send private message

juansheetisplenty´s avatar

 Here are two links to the FCO website. They key date for residency it seems was April 24, 2012.

Again the statement is ambiguous about having access to other healthcare provision.

ukinspain.fco.gov.uk/en/help-for-british-nationals/living-in-spain/access-healthcare/healthcare/

And if you really want to be confused here is the unofficial translation of the Royal Decree.

ukinspain.fco.gov.uk/resources/en/pdf/help-for-BNs/royal-decree-1192-2012

I will leave you to interpret

Saludos

Juan

 





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05 Dec 2012 3:05 PM by camposol Star rating in Camposol. 1406 posts Send private message

The letter in the CBN October 26th, stated how a reader downloaded a form-TAI, took it to his local TGSS offfice, was given a Spanish N I number, took it to his local health centre and was given a provisional medical card while awaiting the real one. I have no reason to doubt the account. Would the British Consul be able to verify this?





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05 Dec 2012 3:13 PM by johnzx Star rating in Spain. 5242 posts Send private message

CBN -TAI, TGSS ,N I
                                                 What does all that mean,  especially  for a person not 100% conversant with Spanish regulations (who in which case probably knows more about it than the rest of us)
 
 
 Would the British Consul be able to verify this?  
 
 Would be a first if they gave a concrete answer to anything !!!!





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05 Dec 2012 3:23 PM by camposol Star rating in Camposol. 1406 posts Send private message

CNB-Costa Blanca News, TAI is the form required, TGSS -social security, NI -national insurance. this couple managed it in a straightforward way, on their own-I'm sure others could, too. You could always e mail the CBN and ask to get in contact with this couple.





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