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Soy... una mujer

Sobre mi... Born in 1973. JD ( Seville) and MA ( Navarre). US 2000-2001. Married to an artist, two children: Teresa y Jacobo


Vivo en... Algeciras (Cadiz)


Me gusta... Philosophy, friends, nature.


Trabajo de... Lawyer


Mi firma en el foro es...

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria

mariadecastro's latest forum comments


21 May 2020 11:40:

 

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.



Thread: Any legal questions related to Coronavirus situation in Spain?

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20 May 2020 12:28:

In today´s decree on extension of inmigration visas, the only related commentary is the following one:

Absences from Spanish territory.

In order to consider accredited  the continuity of residence, absences from Spanish territory as a consequence of the impossibility of returning to Spain by COVID-19 will not be computed.

 



Thread: Any legal questions related to Coronavirus situation in Spain?

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20 May 2020 11:00:

Mariedav:

As per today´s opinion of the Tax Authorities in Spain, it will depend on if Spain has a Doube Taxation Avoidance Treatry signed with country of conflct or not. 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.

M



Thread: Any legal questions related to Coronavirus situation in Spain?

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13 May 2020 11:10:

The progressive reactivation of the  judicial activity has just begun this week. Proceedings deadlines  remain suspended while the state of alarm is in force, electronic filing of briefs has already been allowed for weeks. We are receiving Court sentences, have been receiving them during the whole period of state of  alarm which started in mid March. 

Since yesterday, the 12th in June, the Government Rooms of each Judicial area have to restablish the presential ( face to face) judicial activity in several phases.

At the beginnig,  a mixed service provision system will be maintained (face-to-face work and teleworking), reducing the hours of public hearing and limiting it to the days when in-person actions are to be held. In any case by June 2nd is planned that all staff will be back to Court offices. 



Thread: Any legal questions related to Coronavirus situation in Spain?

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25 Apr 2020 19:39:

Dear Lan R555:

Of course, specially if that has been the pattern of your stays in Spain during the last years, there will be a way to oppose the Tax administration the forced nature of your conntinued stay in Spain adnn avoid being considered a Spanish Tax resident.

Please, let us know how this goes...

Best wishes of health

Maria

 


This message was last edited by mariadecastro on 25/04/2020.
Thread: Any legal questions related to Coronavirus situation in Spain?

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