Residencia, tax returns and not in country 183 days

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16 Dec 2020 05:33 by LolainSedella Star rating. 2 posts Send private message

Hello,

 

I took out residencia earlier this year due to be being stuck in spain due to the covid lockdown (i exceeded 90 days in country in a row), this was on the 24th of June. 

 

Where does this leave me with taxes? I have proof that i have actually only been in Spain for about 130 days this tax year and was only renting a holiday home. I am non resident in the UK and a TAX non resident in another country (where I have taxes with held). 

 

No income has been derived in Spain. Do i owe taxes and do i have to complete a tax return?

 

Thanks





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16 Dec 2020 08:53 by mariedav Star rating in Ciudad Quesada. 1099 posts Send private message

No, you only become a fiscal (tax paying) resident if you have been in Spain for over 183 days in one calendar year.

 





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16 Dec 2020 15:26 by LolainSedella Star rating. 2 posts Send private message

That puts my mind at rest. How do the authorities know how long i have spent in spain though?

 

Its likely i wont be able to get back until next year to cancel this.

 

Thanks 





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17 Dec 2020 09:41 by windtalker Star rating. 1719 posts Send private message

Congratulations by coming a Spanish resident ..you now have to pay Taxes on all your world wide investments ... everything that you own and collect any sort of income on like investments are now fully taxable in Spain... even though you have earned it in the UK... welcome to the EU.





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17 Dec 2020 10:14 by mariedav Star rating in Ciudad Quesada. 1099 posts Send private message

Really, windtalker? Not until you have spent more than 183 days in a calendar year. There is a difference between a fiscal and a non-fiscal resident card, or registro. 

You inform the hacienda (tax office) that you intend to stay more than 6 months in a calendar year. Only then will you become liable for world wide taxation. All the temporary registro is doing is allowing you to stay more than 90 days but less than 183 days. Only by exceeding the 183 days will you be liable to tax.

But you've been here long enough to know that, or you should. 

 





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26 Dec 2020 16:36 by Roberto Star rating in Torremolinos. 4533 posts Send private message

Roberto´s avatar

There can be circumstances in which even if your stay is less than 183 days, you could still be deemed fiscally resident (e.g. your main centre of economic activity is in Spain) but usually not. However...."I am non resident in the UK and a TAX non resident in another country". So, where are you actually resident i.e. permanently residing? You say you can prove that you have actually only been in Spain for about 130 days this year, but can you prove where you do normally reside (or intend to)?

Although Windtalker appears to misunderstand the difference between registering as a foreign resident, and fiscal residency, I do wonder whether you have nevertheless perhaps potentially opened a can of worms by needlessly registering in the first place? Were you advised to do this by someone?



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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18 Feb 2021 10:41 by mariadecastro Star rating in Algeciras (Cadiz). 9330 posts Send private message

Legal Questions? Speak to Maria Direct

What is the country you are tax resident in?



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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