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Hi Gypsy 
I've got to go sort out my pork chops, spuds, spring cabbage, carrots, garden peas, gravy etc so I'm off now too.
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Hi all...
Mandy is right if you are going to stay in Spain for longer than 3 months it is now law to apply for the residence certificate, it does not mean you are a permenant resident as you could just spend 3 months and one day here!
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Shar
www.livespainforlife.com
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PLEASE can we stick to the problem with the bank & not confuse issues that are concerning the non residents who have posted today. Perhaps start another thread for the rest or add to ones already started as, for sure, there are many.
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We have a mortgage with Bankinter and reside in the UK.
Today we received the following letter with a form (Declaration of Fiscal Residency) to sign and return to them.
"In accordance with current Spanish fiscal legislation, the investments that you have made through our bank are subject to witholding tax deductions. However, the application of this deduction may be prevented, in part or its entirety, if you are able to provide us with a Declaration of Fiscal Residency, or, alternatively, a Certificate of Fiscal Residency issued by the fiscal authorities in your country.
The validity of such documents is limited. In specific terms, the Declaration of Fiscal Residence is valid for two years, while the Certificate of Fiscal Residence is valid for one year. We are writing the present letter to request this documentation, either because it has not been provided on an earlier occasion or because the documents provided previously will soon be expiring:
* Declaration of Fiscal Residency: You simply need to sign and return the enclosed form to us.
Once this requirement has been fulfilled, you will continue to be partially or totally exempt from Withholding tax."
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The declaration on the form to be signed and returned reads:
"I, the undersigned, without prejudice to fulfilment of the rules of identification contained in article 2.4 of Royal Decree 1816/1991 of 20th December relative to financial transactions abroad, do hereby declare that I am a tax resident of the aforementioned country or territory (Reino Unido); that I do not have a permanent establishment in Spain; and that I fulful the requirements specified in article 5 of Act 41/1998 of 9th December on Income Tax and Tax Regulations for Non Residents in order to accredit my status as a non resident.
This declaration is provided in accordance with the requirements of article 14.2 of the Regulations in Income Tax for Non Residents, approved by Royal Decree 326/1999 of 26th February, and shall apply exclusively to any yield from non resident accounts as referred to in article 13.1e) of Act 41/1998 of 9th December, on Income Tax and Tax Regulations for Non Residents; which requirements do not waive any other obligations arising from the tax regulations of the Spanish State."
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Hi all,
this is worrying news. I am with Banco Santander and have heard nothing. we are often in Spain for long periods but like others we are not able to become resident until our UK house sells. I will phone the bank today to find out what I need to do. I know the bank normally charged me 12euros each year for a declaration
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Sterling
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Hi Everyone,
just got off the phone to the bank.(Santander)
Have been assured that all non-resident accounts are fine and will not be frozen. The 2 year declaration we sign is still the valid.
BUT if you are resident or applying for residencia and have NOT informed your bank and changed your account from non resident to resident status this is where the problems arise because the Spanish authorites are closely monitoring people who are basically not complying with the law.
I'm going to pop in to my bank next week to sign another declaration just to be sure  This message was last edited by sterling on 8/1/2008.
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Sterling
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Now that makes more sence than the way Mandy was scaring everyone.Pat.
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Hi just to say that we are non resident only visiting Spain a couple of times a year we had no warning of this change of law and are now in a position that even our mortage cannot be paid as our account is frozen. We are hoping our lawyer using power of attorney can sort it out but that will cost more money. The whole thing seems incredibly stupid and penalises those of us who want to and are trying to work within the law
Liz
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Morning all.
As I said I emailed Halifax in Guardamar explaining exactly why I was concerned & have received a response, same as Sterling got.
I shall post my mail to them & their reply.
De: ****************
Enviado el: jue 31/07/2008 14:36
Para: Claire Zahraoui;
CC: Robyns, Thomas;
Asunto: New legislation for NON RESIDENTS since May 2008 ??
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Subject : New legislation for NON RESIDENTS since May 2008 ??
Dear Claire &/or Thomas, whoever picks this email up. We bank as non residents with you in Guardamar.
"We have just received an e-mail from our bank advising that a new law was passed in Spain in May requiring non residents to submit a certificate proving their status (obtainable from the police) without this bank accounts will be frozen. We had no warning about this and they have now frozen our account has anyone else heard about this ?"
After some said no, they hadn't heard, including myself who banks with you, someone posted this
"Hi everyone, yes it is absolutely correct, I have received a letter from my bank (Caja Murcia) and been in to see them to clarify, I have also confirmed that all banks in Spain will be advising all their customers of the following:-
If you have a non resident account, you have 60 days to take a form to the police to register as a non-resident, this form once stamped by the police must be returned to the bank. Beware, if you are on the padron or are going to be in Spain for more than 3 months, you are breaking the law if you don't have a Residencia Certificate. The police now have a computer system linked to the padron information NIE/Residencia information and it is indeed the police that have the power to immediately freeze your bank account. If you do not declare yourself as a non-resident. It is no longer the bank's bi-yearly responsibility. Your account will be frozen, exactly as it would be frozen by the police should you die in Spain.
Don't think that because you have been over here for 20 years it does not apply to you, because it does.
Remember, if you are registered on the padron and you get queried by the police and you cannot prove that you have been in Spain for less than 3 months, you may well get locked up, as well as your bank account being frozen.
So, if you are non-resident but over in Spain for more than 3 months, get a Residencia Certificate and change your bank account changed to "resident"."
Please advise us, we are very concerned about this. There's nothing on your website & we've heard nothing from you either.
Regards
**********
Good morning,
I can assure you that the non residents accounts won't be frozen.
The non residents just have to fill in a form every two years to show their address in the UK.
I hope this will help.
Kind regards,
Thomas Robyns
Banking Advisor
Banco Halifax Hispania S.A.
Avda. Era de la Madaleneta, s/n
CP 03140 Guardamar del Segura
Tlf. 0034 902 400 770 Distance Banking (00 34) 902 310 100
Fax. 0034 966 726 770
Este mensaje se dirige exclusivamente a su destinatario y puede contener información privilegiada o confidencial. Si no es vd. el destinatario indicado, queda notificado de que la utilización, divulgación y/o copia sin autorización está prohibida en virtud de la legislación vigente. Si ha recibido este mensaje por error, le rogamos nos lo comunique inmediatamente por esta misma vía y proceda a su destrucción.
This message is intended exclusively for its addressee and may contain information that is CONFIDENTIAL and protected by professional privilege. If you are not the intended recipient you are hereby notified that any dissemination, copy or disclosure of this communication is strictly prohibited by law. If this message has been received in error, please immediately notify us via e-mail and delete it.
P Antes de imprimir este e-mail piense bien si es necesario hacerlo. Please think before printing this e-mail.
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This message was last edited by morerosado on 8/1/2008.
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Hi More, well done as l said earlier that makes more sense and should help put peoples mind at easy.Pat.
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opps posted twice.sorry.Pat. This message was last edited by patpur on 8/1/2008.
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Morning Pat
I've emailed back to Thomas...
Dear Thomas
Many thanks for responding promptly.
HOW do your clients sign for the next declaration if they are not in Spain though ? Do you send forms to them by post for them to complete & return ?
We will be in Spain from Sept 1st to 25th so we shall come into the branch ourselves & we last signed a declaration for you September 27th, 2006. I'm enquiring for all those I'm discussing this with on the EOS forum, many of whom will not be in Spain before the two year deadline & fear for their accounts being frozen & the implications that will arise.
Kind regards
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Liz - whereabouts is your house in Spain, is it in Andalucia same as Mandy? Maybe different regions are interpreting the law differently.
Is your mortgage with the same bank if so then they will understand the reason you are unable to pay and as you're out there in two weeks you will be able to sort it out.
It's not like the money isn't there to pay it, just a temporary hitch caused by circumstances beyond your control.
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It all sounds as though we have been very unlucky with our choice of bank, our lawyer is using POA to obtain the cerificate on our behalf at a cost of 150 euros plus 7 euros to the police which is really annoying given we were in Spain in June and had we known could have sorted out then
Liz
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Great service from Banco Halifax, just had answer from them again ...
Dear ***,
No worries about frozen accounts, it's not happening in non residents situations.
Tha form is usually sent to the UK address with an envelope to be send back to Halifax.
Kind regards,
Thomas Robyns
Banking Advisor
Banco Halifax Hispania S.A.
Avda. Era de la Madaleneta, s/n
CP 03140 Guardamar del Segura
Tlf. 0034 902 400 770 Distance Banking (00 34) 902 310 100
Fax. 0034 966 726 770
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Hi,
I agree with more and semijubilada that the tone of mandys post was absolutely
unecessary. We are in spain at the moment so have access to our bank.
She has panicked a lot of people who are in england now and unable to
be in spain so cannot get to their banks.
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GYPSY
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in reply to semijubalada we are in Andalucia and our mortgage is with the same bank, apparently we can't pay our mortgage as it has to be paid through our current account which of course is frozen so no money can go in or out. Nightmare. The bank say they can do nothing as it is the police who have frozen the account.
Liz
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Hi More, well that is a result. I just hope the Bank of Valencia are the same. I might email them just to make sure. As I am not sure when we will be back in Spain. Thanks for that Pat
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Hi More l agree with Pat and Roy,great result and well done.My 2 years past months ago and l have not heard anything (Cam Bank) l was in there June and they never said anything about this, will check when l am out sep 29th/oct 10th.Pat.
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