Am I eligible for Plan PIVE?

 

 

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Hi johnzx

I AMA resident so it doesn't apply to me, but I do post on a number of forums, and I have a reasonable knowledge of the tax situation in Spain, so I generally post in responses to questions. However, if I believe that a post is wrong, I will say so, as I also believe that many people read the forums without ever joining, or asking questions, so, particularly as you seems to be a prolific poster, with some great, informative replies, they will take what you say as correct, and I believe it is fundamentally wrong, which is why I asked where it said so on the Hacienda site.

I did read some of your other posts on this yesterday, and saw the post about your friends bank account, although I recall (but I can't find the post now), they they released it when she completed a non-resident form. This to me seemed to clarify that by registering, they do not think you are tax resident, but, until you complete the form, the bank should consider you as a resident, and deduct tax from any interest they pay you. This is very different from being a tax resident, and having to submit a declaration on all your worldwide income. You have already pointed out the circumstances when you could be a tax resident if you spend less than 183 days in Spain, which is to do with centre of economics interests etc

I'm sure Mijas Town Hall provide great information, but I'm not sure I would rely on them for tax advice. As far as Blevins Franks are concerned, the quote below is from their website, which I think makes it pretty clear, registration is nothing to do with tax status.

"EU, EEA (European Economic Area) and Swiss nationals have the right to reside in Spain for more than three months a year. This is provided they apply in person at their local Oficina de Extranjeros or a designated police station, within three months of arrival. They are then registered in the Central Register of Foreigners.

Spain has now introduced new residency rules for all EU/EEA/Swiss citizens. The basic rule above still stands, but they have tightened up the requirements.

Note that these new measures have no bearing on whether you are a tax resident in Spain or not. Tax residence is a separate issue and assessed on different criteria. You can be tax resident in Spain even if you do not apply for a formal residence permit. It is your responsibility to register for, and pay, tax if you meet one of Spain’s tax residence rules. The authorities are cracking down on people who meet the residence rules but have not been paying tax in Spain."

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As I said, you too could call Hacienda.

It would appear you have not.

 

 

 

 

This message was last edited by johnzx on 28/12/2012.

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Kath - the section you quote from the Blevins Franks website does not definitively clarify that there is "no link" between registration on the EU Citizens' Register and tax-residency, as you claim. What it says is that you can be tax resident without having registered. What is very important for people to be aware of is that the Hacienda is using registration on the EU Citizens's register as being ONE quite strong indicator that you may well be fiscally resident on account of being likely to be resident for more than 183 nights.

Not to be confused with the Padron, of course, which does NOT have any link to fiscal residency.

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"Kath - the section you quote from the Blevins Franks website does not definitively clarify that there is "no link" between registration on the EU Citizens' Register and tax-residency, as you claim"

Err, so, what does this sentence mean then ?

"Note that these new measures have no bearing on whether you are a tax resident in Spain or not. Tax residence is a separate issue and assessed on different criteria."

"What is very important for people to be aware of is that the Hacienda is using registration on the EU Citizens's register as being ONE quite strong indicator"

I have no argument with that, but that's a very different statement to saying

"If you do that, according the Hacienda, you are immediately tax resident in Spain"

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"As I said, you too could call Hacienda.

It would appear you have not."

Well, I did call but the office was closed. I did post the extract from Blevins, which, IMHO makes it clear, that the advice I'm sure you got from the Hacienda is incorrect.

However, It's clear you're not going to accept that you might be wrong, so I can't see the point of continuing this discussion.


"Please do not mis-quote me i.e

I did read some of your other posts on this yesterday, and saw the post about your friends bank account, although I recall (but I can't find the post now), they released it when she completed a non-resident form.
Not so. She had to cancel her EU registration"

I think I did indicate I was posting from memory, so I.'m sorry if I didn't quote you exactly.

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This message was last edited by johnzx on 29/12/2012.

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It appears that a Plan PIVE mark 2 was launched on the 4th Feb.

Cars over 10 years old can now qualify instead of the 12 years previously

http://www.autobild.es/noticias/plan-pive-ayuda-compra-vehiculos-eficientes-188575

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