RE registration oo EU Citizens Registry

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24 Oct 2011 00:00 by johnzx Star rating in Spain. 5240 posts Send private message

This is a letter I have just sent to a couple of newspapers.


'Residencia' beware


Spanish law dictates: All EU citizens planning to reside in Spain for more than 3 months should register in person at the Oficina de Extranjeros in their province of residence or at designated Police stations. Upon registration you will be issued with a certificate printed on green paper. (NB This is not a valid form of ID but does prove your NIE).

I have confirmed with the Agencia Tributaria (The Spanish Tax Office) that a person so registered is thereby tax resident in Spain and thus must make tax returns on their worldwide income and assets. Any non-resident bank accounts will be frozen and any other duties or obligations of a resident will apply. This probably includes not being able to drive a non-Spanish registered vehicle, worldwide inheritance tax, etc. but the non-resident Foreign Owner Property Tax does not apply.

The registration may be cancelled by attending the office where it was issued, with your original passport and a copy, and completing an application form (in duplicate). If you have registered and are leaving Spain not to cancel the registration would mean you continue to be tax resident. I am not sure what liability one would still have for the period for which they were tax resident.

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25 Oct 2011 09:15 by Faro Star rating in London. 1139 posts Send private message


Good posting but your letter is headed Residencia beware - does that mean you are warning people of the decision to apply for residencia or that they should consider the implications?

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25 Oct 2011 10:21 by johnzx Star rating in Spain. 5240 posts Send private message

I parenthesised Residencia, as it is debatable whether `Residencia' still exists. Some say it is now just 'Registration.'
It came as a surprise to me that one is 'tax resident' as soon as they obtain the Certificate of Registration.
I have sent an email to the British Embassy requesting that they investigate the situation. It seems to me ridiculous that a visitor, who does not intend to settle in Spain, is obliged to become tax resident. If I get a meaningful reply, I will post it.
Whilst I would not suggest that a person who intends to stay for 3 months should not comply with the Spanish law, I wanted to inform them of the problems which arise by doing so. I am fairly confident that most people, like myself, did not know that was so.

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