Heating allowance for OAPs in Spain

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10 Dec 2011 6:52 PM by johnzx Star rating in Spain. 5242 posts Send private message

Smythie,
 
How do you think the law allows you go the the UK and say you are living there if in fact you live in Spain and are only staying at an address there in order to deceive the benefit agency?
 
Doing that would amount to Criminal Deception





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10 Dec 2011 7:17 PM by SMYTHIE Star rating. 145 posts Send private message

 i have 2 houses in the uk and pay tax there that makes me resident anyway i didnt say i do it but pointed you to the dwp web site and pehaps the person who asked the original quesrtion it depends if they retain uk residence and are resident on the required date where it is quite clear that i am right so i take it you didnt bother to read it before making another erroneous comment

it aint rocket science

chau

 



This message was last edited by SMYTHIE on 10/12/2011.



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11 Dec 2011 9:39 AM by johnzx Star rating in Spain. 5242 posts Send private message

Even if you are tax resident in Spain ( that is have an EU citizens registration Cert.  sometimes still referred to as a Residencia, or if you spend 183 or more in Spain, or your main residence is in Spain)  income from rented property in the UK  is only taxable in the UK.
 
Where one is tax resident is governed by rules, one cannot just choose where they pay tax.   If one pays tax in UK, say on their OAP, when they are tax resident in Spain, they still have the obligation to pay tax on that pension in Spain.   
 
Only people who are resident in the UK can claim the heating allowance. If they subsequently move to Spain, they can usually keep getting the allowance.
 
But a person who, is resident in Spain(as above) who falsely claims they are resident in UK would be committing a criminal offence.
 
As you say Smythie, ‘the law is the law.’





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