As a Pensioner non resident but spending a great deal of time here. Can I register with a doctor/

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30 Apr 2012 7:24 PM by Mickyfinn Star rating in Spain and France. 1833 posts Send private message

 JulianX.

You misunderstood my meaning.

When I said it's for the individual to decide with the accountants help I meant how well you submit , present and illustrate your claim for tax residency to obtain your desired result.

It's not  an automatic concequence of taking Spanish residency.

 


This message was last edited by Mickyfinn on 30/04/2012.

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30 Apr 2012 8:01 PM by guslopez Star rating in Lorca, Murcia.. 744 posts Send private message

The 183 days is confusing. You are supposed to register as a 'resident' if you spend more than that time in Spain but your fiscal residency (country where you pay tax) can remain in the UK under the EU agreements.
 
No, you must register on the EU Foreign Citizens Register if you are permanently in Spain for 3 months and then the Hacienda  say you are tax resident in Spain. They have frozen non-resident bank accounts as soon a people register.   Maybe one could sucessfully argue the case if they paid tax in say UK.

It's 90consecutive  days for residency & 183 cumulative days for fiscal residency. Leave the country after 89 days & the clock starts again. You can be fiscally resident without being a resident &  vice -versa.

There is no requirement to pay tax anywhere unless you have an income. If you spend capital only there is no requirement.

If there is conflict between two , or more, countries about where you are tax liable then itcomes down to where is your family base.



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30 Apr 2012 8:17 PM by Mickyfinn Star rating in Spain and France. 1833 posts Send private message

 Ok Julian perhaps this may end the debate. The letter of the law is thus:-

If you spent more than 3 months in Spain in any fiscal year you need to register as resident. That process then makes you LIABLE for income tax unless and until you can satisfy the Hacidenda you are legally fiscally resident in the UK or any other state.

If you can then satisfy the HMRC of your UK fiscal status it's possible as a pensioner to be registered fully in Spain for healthcare as the original poster asked and not pay any tax in Spain.

 



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Time is the school in which we learn Time is the fire in which we burn. Delmore Schwartz.



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