Any legal questions related to Coronavirus situation in Spain?

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20 May 2020 8:14 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1315 posts Send private message

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Perhaps a visit to the Agencia Estatal de Administración Tributaria (AEAT) to explain all your complications and special residency arrangements may be more productive.

 

 


This message was last edited by Kavanagh on 20/05/2020.

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21 May 2020 11:40 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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Does Spain have a Double Taxation Avoidance Treaty with UK? Yes, it does.

> If there is not, at present, precedents of Spain Tax Authorities indicate that forced days of stay

> in Spain due to COVID 19 will be counted in. That needs to be challenged, in my opinion.

How strong does the force need to be to create "forced days"? COVID 19 lockdown is  a force majeure from every angle you look at it.

My airline reservation has been transferred to 9th July but should I be attempting to take the

Wizz Air flight to Luton on an earlier Saturday evening? I would not force a flight just for this reason under present circunstances. Specially as the UK has a double taxation agreement with Spain.

==

I believe that I have a right to be in Spain as I am a citizen of the Republic of Ireland and have

my NIE issued in 2015. My concern is avoidance of any obligation to complete Modelo-720

rather than any permissory documentation, Usually I ensure that I spend less than 183 days

each calendar year in Spain - with no trip more than ninety days. I have a permanent residence

which I have occupied since 2014 with my personal chattels and have a rental agreement that

allows occupation in person whenever I wish.

My intended strategy is to ignore the potential problem but if it arises I would be willing to be

included in any challenge. ALL my income emanates from UK with Zero from Spain. In UK, I

am exempt from making an annual tax return but do pay any tax assessed by HMRC.

I do agree there is no need to do preventive trips just for this reason and just in case those forced days of stay in Spain were counted in favour of a tax residency in Spain, to challenge this.



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Maria L. de Castro, JD, MA

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14 Jul 2020 3:39 PM by ads Star rating. 4124 posts Send private message

Maria,

Just to gain some clarity re the justice system and the impact from the close down of courts and the workings of the judiciary due to Covid.

Are the courts and judiciary now back to normal functioning? If so when did they restart? Has any judcial progress been possible during the month of July?

And given the "normal" closure of courts during the August period, will this still occur, and if so when will the courts and judiciary be recommencing?  

 

 





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14 Jul 2020 4:10 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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Answers below in bold green ( same text as your message)

Maria,

Just to gain some clarity re the justice system and the impact from the close down of courts and the workings of the judiciary due to Covid.

Are the courts and judiciary now back to normal functioning?  Yes, they are. If so when did they restart? Has any judcial progress been possible during the month of July? Yes, Courts rythm is getting better and better since end of the state of alarm

And given the "normal" closure of courts during the August period, will this still occur, and if so when will the courts and judiciary be recommencing?  Judicial activity will recommence on the 11th of August and after ceasing on the 1st of same month,  but no judicial hearings will be held along that period.

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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