| The Comments |
Liz - whereabouts is your house in Spain, is it in Andalucia same as Mandy? Maybe different regions are interpreting the law differently.
Is your mortgage with the same bank if so then they will understand the reason you are unable to pay and as you're out there in two weeks you will be able to sort it out.
It's not like the money isn't there to pay it, just a temporary hitch caused by circumstances beyond your control.
0
Like
|
Morning Pat
I've emailed back to Thomas...
Dear Thomas
Many thanks for responding promptly.
HOW do your clients sign for the next declaration if they are not in Spain though ? Do you send forms to them by post for them to complete & return ?
We will be in Spain from Sept 1st to 25th so we shall come into the branch ourselves & we last signed a declaration for you September 27th, 2006. I'm enquiring for all those I'm discussing this with on the EOS forum, many of whom will not be in Spain before the two year deadline & fear for their accounts being frozen & the implications that will arise.
Kind regards
_______________________
0
Like
|
opps posted twice.sorry.Pat. This message was last edited by patpur on 8/1/2008.
0
Like
|
Hi More, well done as l said earlier that makes more sense and should help put peoples mind at easy.Pat.
0
Like
|
Morning all.
As I said I emailed Halifax in Guardamar explaining exactly why I was concerned & have received a response, same as Sterling got.
I shall post my mail to them & their reply.
De: ****************
Enviado el: jue 31/07/2008 14:36
Para: Claire Zahraoui;
CC: Robyns, Thomas;
Asunto: New legislation for NON RESIDENTS since May 2008 ??
|
Subject : New legislation for NON RESIDENTS since May 2008 ??
Dear Claire &/or Thomas, whoever picks this email up. We bank as non residents with you in Guardamar.
"We have just received an e-mail from our bank advising that a new law was passed in Spain in May requiring non residents to submit a certificate proving their status (obtainable from the police) without this bank accounts will be frozen. We had no warning about this and they have now frozen our account has anyone else heard about this ?"
After some said no, they hadn't heard, including myself who banks with you, someone posted this
"Hi everyone, yes it is absolutely correct, I have received a letter from my bank (Caja Murcia) and been in to see them to clarify, I have also confirmed that all banks in Spain will be advising all their customers of the following:-
If you have a non resident account, you have 60 days to take a form to the police to register as a non-resident, this form once stamped by the police must be returned to the bank. Beware, if you are on the padron or are going to be in Spain for more than 3 months, you are breaking the law if you don't have a Residencia Certificate. The police now have a computer system linked to the padron information NIE/Residencia information and it is indeed the police that have the power to immediately freeze your bank account. If you do not declare yourself as a non-resident. It is no longer the bank's bi-yearly responsibility. Your account will be frozen, exactly as it would be frozen by the police should you die in Spain.
Don't think that because you have been over here for 20 years it does not apply to you, because it does.
Remember, if you are registered on the padron and you get queried by the police and you cannot prove that you have been in Spain for less than 3 months, you may well get locked up, as well as your bank account being frozen.
So, if you are non-resident but over in Spain for more than 3 months, get a Residencia Certificate and change your bank account changed to "resident"."
Please advise us, we are very concerned about this. There's nothing on your website & we've heard nothing from you either.
Regards
**********
Good morning,
I can assure you that the non residents accounts won't be frozen.
The non residents just have to fill in a form every two years to show their address in the UK.
I hope this will help.
Kind regards,
Thomas Robyns
Banking Advisor
Banco Halifax Hispania S.A.
Avda. Era de la Madaleneta, s/n
CP 03140 Guardamar del Segura
Tlf. 0034 902 400 770 Distance Banking (00 34) 902 310 100
Fax. 0034 966 726 770
Este mensaje se dirige exclusivamente a su destinatario y puede contener información privilegiada o confidencial. Si no es vd. el destinatario indicado, queda notificado de que la utilización, divulgación y/o copia sin autorización está prohibida en virtud de la legislación vigente. Si ha recibido este mensaje por error, le rogamos nos lo comunique inmediatamente por esta misma vía y proceda a su destrucción.
This message is intended exclusively for its addressee and may contain information that is CONFIDENTIAL and protected by professional privilege. If you are not the intended recipient you are hereby notified that any dissemination, copy or disclosure of this communication is strictly prohibited by law. If this message has been received in error, please immediately notify us via e-mail and delete it.
P Antes de imprimir este e-mail piense bien si es necesario hacerlo. Please think before printing this e-mail.
|
This message was last edited by morerosado on 8/1/2008.
_______________________
0
Like
|
Hi just to say that we are non resident only visiting Spain a couple of times a year we had no warning of this change of law and are now in a position that even our mortage cannot be paid as our account is frozen. We are hoping our lawyer using power of attorney can sort it out but that will cost more money. The whole thing seems incredibly stupid and penalises those of us who want to and are trying to work within the law
Liz
0
Like
|
Now that makes more sence than the way Mandy was scaring everyone.Pat.
0
Like
|
Hi Everyone,
just got off the phone to the bank.(Santander)
Have been assured that all non-resident accounts are fine and will not be frozen. The 2 year declaration we sign is still the valid.
BUT if you are resident or applying for residencia and have NOT informed your bank and changed your account from non resident to resident status this is where the problems arise because the Spanish authorites are closely monitoring people who are basically not complying with the law.
I'm going to pop in to my bank next week to sign another declaration just to be sure  This message was last edited by sterling on 8/1/2008.
_______________________
Sterling
0
Like
|
Hi all,
this is worrying news. I am with Banco Santander and have heard nothing. we are often in Spain for long periods but like others we are not able to become resident until our UK house sells. I will phone the bank today to find out what I need to do. I know the bank normally charged me 12euros each year for a declaration
_______________________
Sterling
0
Like
|
We have a mortgage with Bankinter and reside in the UK.
Today we received the following letter with a form (Declaration of Fiscal Residency) to sign and return to them.
"In accordance with current Spanish fiscal legislation, the investments that you have made through our bank are subject to witholding tax deductions. However, the application of this deduction may be prevented, in part or its entirety, if you are able to provide us with a Declaration of Fiscal Residency, or, alternatively, a Certificate of Fiscal Residency issued by the fiscal authorities in your country.
The validity of such documents is limited. In specific terms, the Declaration of Fiscal Residence is valid for two years, while the Certificate of Fiscal Residence is valid for one year. We are writing the present letter to request this documentation, either because it has not been provided on an earlier occasion or because the documents provided previously will soon be expiring:
* Declaration of Fiscal Residency: You simply need to sign and return the enclosed form to us.
Once this requirement has been fulfilled, you will continue to be partially or totally exempt from Withholding tax."
************************************************************
The declaration on the form to be signed and returned reads:
"I, the undersigned, without prejudice to fulfilment of the rules of identification contained in article 2.4 of Royal Decree 1816/1991 of 20th December relative to financial transactions abroad, do hereby declare that I am a tax resident of the aforementioned country or territory (Reino Unido); that I do not have a permanent establishment in Spain; and that I fulful the requirements specified in article 5 of Act 41/1998 of 9th December on Income Tax and Tax Regulations for Non Residents in order to accredit my status as a non resident.
This declaration is provided in accordance with the requirements of article 14.2 of the Regulations in Income Tax for Non Residents, approved by Royal Decree 326/1999 of 26th February, and shall apply exclusively to any yield from non resident accounts as referred to in article 13.1e) of Act 41/1998 of 9th December, on Income Tax and Tax Regulations for Non Residents; which requirements do not waive any other obligations arising from the tax regulations of the Spanish State."
0
Like
|
|
PLEASE can we stick to the problem with the bank & not confuse issues that are concerning the non residents who have posted today. Perhaps start another thread for the rest or add to ones already started as, for sure, there are many.
_______________________
0
Like
|
Hi all...
Mandy is right if you are going to stay in Spain for longer than 3 months it is now law to apply for the residence certificate, it does not mean you are a permenant resident as you could just spend 3 months and one day here!
_______________________
Shar
www.livespainforlife.com
0
Like
|
Hi Gypsy 
I've got to go sort out my pork chops, spuds, spring cabbage, carrots, garden peas, gravy etc so I'm off now too.
_______________________
0
Like
|
So Mandy if I have understood you correctly then all the pensioners who spend the winter in Spain on special hotel deals will have to apply for Residencia if there stay goes over 3 months?
I can assure you that I am taking this seriously, in fact my husband came home from work and made the mistake of asking me what's happening on this site. His ears have taken a bashing as I've explained this whole fiasco.
I call it a fiasco because now it seems that as from tomorrow my NON RESIDENT ACCOUNT may not pay my household bills, which is all I use it for.
When I'm over in Spain if I was stopped by the Guardia, I would be in a HIRE CAR which would have my UK address written on the hire agreement and it would also tally up with my driving license.
I could go on but I won't as I'm very incensed with your post, the main thing is that you are a resident in Spain now and the majority of people on this post are not.
I'll wait to hear from someone who is in the same position as myself and who also lives on Costa Blanca before I tear all my hair out.
0
Like
|
Hi More,
as usual you are on the ball, I was just about to post and ask Maria.
hope she will be able to come up with some info for everyone.
Am going now to have a one of these 
Back tomorrow. 
_______________________
GYPSY
0
Like
|
Irene, ALL non residents have to sign the declaration of non residency with their Spanish banks on opening the a/c, it's done when you open as part of the procedure. The bank then debits your a/c with around 18€ per person named on the a/c. The bank then automatically renewes this EVERY TWO YEARS, charging each person named on the a/c around 18€ though every bank charges different amounts. Halifax charge nothing !!
With you not being given anything to take away with you & being asked to sign a, b, c etc it could be you didn't realise you'd signed one.
We opened our Halifax a/c from the UK by post & kept all copies so we have ours.
WE SHALL GET TO THE BOTTOM OF THIS, DON'T WORRY TOO MUCH.
This message was last edited by morerosado on 7/31/2008.
_______________________
0
Like
|
Try not to panic Irene More has asked Maria for advice let's wait and see what she say's about it all. The bank that LizAir is with was very quick to jump. I would have been fuming. Well watch this space. Pat
_______________________
0
Like
|
Hi so if we opened an bank a/c 9 months ago we would not have signed this form ?so no one gets payed ?so next time out all are service will be cut off and no morgage payed god help us bye irene
0
Like
|
Mandy, information is one thing & we thank you for bringing this to our attention &, as you see, we are all working towards sorting it out asap.
HOWEVER, personally, I find your manner in the previous post a little threatening just because you feel we aren't taking it seriously.
------------------------------------------------------------------------
EOS GANG: I've asked Maria de Castro if she has info, ok ?
This message was last edited by morerosado on 7/31/2008.
_______________________
0
Like
|