09 Apr 2013 10:50 AM:

 
I realise that you don't apply for residency. You apply for a certificate of residence. According to Spanish law you don't choose whether to apply for it or not. You need it to be living here legally.

You have to have a Certificate of Residence after you have lived here for 90 days. If you don't have the certificate you MAY not be able to do certain bank transactions, you MAY not be able to buy certain things like a house or a car, you will not be able to work legally, you won't be able to sign on as a self employed worker etc.

If you are living here illegally the authorities will be able to fine you. This is una infraccion grave and the fine is between 501€ and 10.000€. Contrary to what some people believe, irrespective of whether you have the new style residence paper or not, if you remain in Spain for more than 182 days in a calendar year you will be regarded as a resident for tax purposes, thus liable to pay income tax on your world-wide income.

You can get free health care before you have reached UK State pension age for up to 2 1/2 years depending on your UK NHI contributions. nhs.uk/NHSEngland/Healthcareabroad/movingabroad/Pages/Livingabroad

Thread: Capital Gains Tax

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08 Apr 2013 9:45 PM:

Newworld, I am not answering my own question? My question was reagrding the calculation of CGT, the replies I got from you were, you don't have to be resident in Spain, which I know is not true. As for your smart comments, well obviously you cannot help me so best you don't comment on my post. The best bit of adivce came from bobaol, see a solicitor, which is what I intend to do, I was just curious if anyone could help. Thanks

Thread: Capital Gains Tax

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08 Apr 2013 8:57 PM:

 It is not possible for me to sell my house before moving to Spain, if I could I would. So I will be resident in Spain so I will be liable to CGT. It is not chinese whispers, it's the law, just google it.

I would think that many that moved over were living illegally, but many are a little worried now with the new asset reporting laws and massive penalities for ingnoring.

Thread: Capital Gains Tax

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08 Apr 2013 8:52 PM:

It don't matter where you are from if you live in spain for over 90 days and do not register (residencia) you are breaking the law therefore you are living illegally.

You do not necessarily have to pay into the spanish tax system to get health care you can get it with an S1 form for up to 2 1/2 years if under uk retirement age, or permantly if you are over uk retirement age. 

Thread: Capital Gains Tax

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08 Apr 2013 8:33 PM:

 But I am talking about living in Spain, not illegally, and not just long term rents every now and again. What about your healtcare, insurance wont cover you for everything.

Thread: Capital Gains Tax

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