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Tax of UK house with non permanent Spanish Residency

Posted: Wed Jan 13, 2021 7:07pm
22 replies1265 views7 members subscribed
Berny115

Posts: 25

16 helpful points

Location: Alicún

Joined: 9 Oct 2020

Hello. My husband and I got a property in Spain. We are British. We would like to be able to live in Spain (after Brexit) without selling the house in the UK. To be able to flight freely to Spain from UK I would like to obtain the TIE card. That I understand is like obtaining the residency. 


My concern is: Does anyone know if in this situation, (I mean being resident in Spain and still having the house in the UK) I need to pay tax in Spain for the property we have in the UK?


Please let me know if someone is in similar situation and if this is case, that we need to pay tax for having property in UK. 


Thank you

Bernarda 

DarioMartin

Posted: Wed Jan 13, 2021 10:16pm

DarioMartin

Legendary helpful member

Posts: 5387

6428 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Wed Jan 13, 2021 10:16pm

The TIE isn't like residency - it IS residency.  If you obtain a visa for permanent residence, you will be tax resident in Spain and obliged to pay tax on worldwide income in Spain.  As a temporary resident (permanent residence achieved after 5 years residency) you are obliged to spend no more than 10 months aggregate in a 5 year period outside of Spain.  Once you have completed 5 years, and are a permanent resident, you would be able to spend up to 5 years continuous outside Spain.

As a non-resident, you are of course limited to 90 days in any 180 days, and obliged to pay non-residents tax of 24%

Berny115

Posted: Wed Jan 13, 2021 10:36pm

Berny115

Original Poster

Posts: 25

16 helpful points

Location: Alicún

Joined: 9 Oct 2020

Posted: Wed Jan 13, 2021 10:36pm

DarioMartin wrote on Wed Jan 13, 2021 10:16pm:

The TIE isn't like residency - it IS residency.  If you obtain a visa for permanent residence, you will be tax resident in Spain and obliged to pay tax on worldwide income in Spain.  As a temporary resident (permanent residence achieved after 5 years residency) you are obliged to spend ...

...no more than 10 months aggregate in a 5 year period outside of Spain.  Once you have completed 5 years, and are a permanent resident, you would be able to spend up to 5 years continuous outside Spain.

As a non-resident, you are of course limited to 90 days in any 180 days, and obliged to pay non-residents tax of 24%

Thank very much for your clear answer Dario. 

Jenni

Posted: Thu Jan 14, 2021 1:30pm

Jenni

Super helpful member

Posts: 1293

1002 helpful points

Location: Oria

Joined: 14 Dec 2017

Posted: Thu Jan 14, 2021 1:30pm

Berny115 wrote on Wed Jan 13, 2021 7:07pm:

Hello. My husband and I got a property in Spain. We are British. We would like to be able to live in Spain (after Brexit) without selling the house in the UK. To be able to flight freely to Spain from UK I would like to obtain the TIE card. That I understand is like obtaining the residency. 


My concern is: Does anyone know if in this situation, (I mean being resident in Spain and still having the house in the UK) I need to pay tax in Spain for the property we have in the UK?

Please let me know if someone is in similar situation and if this is case, that we need to pay tax for having property in UK. 

Thank you

Bernarda 

Hi Barnarda,

We are Spanish residents, we own property here and also in the UK. We have to make a tax declaration in Spain and also in the UK. The Spanish tax bill is horrendous over £2000 per year, (on money earned in the UK!!) the UK one minimal approx £100 per year, we do both via accountants so one assumes they know what they are doing!!!!!.

I hope this helps.

Carwyn99

Posted: Thu Jan 14, 2021 2:30pm

Posts: 31

25 helpful points

Location: Partaloa

Joined: 21 Jan 2019

Posted: Thu Jan 14, 2021 2:30pm

You own a house in Spain and the UK and believe a £2000 tax bill is horrendous.

Unsure what world you are living in!!!!!

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Berny115

Posted: Thu Jan 14, 2021 2:52pm

Berny115

Original Poster

Posts: 25

16 helpful points

Location: Alicún

Joined: 9 Oct 2020

Posted: Thu Jan 14, 2021 2:52pm

Jenni wrote on Thu Jan 14, 2021 1:30pm:

Hi Barnarda,

We are Spanish residents, we own property here and also in the UK. We have to make a tax declaration in Spain and also in the UK. The Spanish tax bill is horrendous over £2000 per year, (on money earned in the UK!!) the UK one minimal approx £100 per year, we do both via accountants so one assu...

...mes they know what they are doing!!!!!.

I hope this helps.

Hi Jenny

Thank you for your reply. 
Does it mean you have your house in the UK rented?

I am not planing to rent it. Could be any difference? 
thank you. 

Jenni

Posted: Thu Jan 14, 2021 4:02pm

Jenni

Super helpful member

Posts: 1293

1002 helpful points

Location: Oria

Joined: 14 Dec 2017

Posted: Thu Jan 14, 2021 4:02pm

Carwyn99 wrote on Thu Jan 14, 2021 2:30pm:

You own a house in Spain and the UK and believe a £2000 tax bill is horrendous.

Unsure what world you are living in!!!!!

I dont remember asking for  your opinion Carwyn99

Jenni

Posted: Thu Jan 14, 2021 4:14pm

Jenni

Super helpful member

Posts: 1293

1002 helpful points

Location: Oria

Joined: 14 Dec 2017

Posted: Thu Jan 14, 2021 4:14pm

Berny115 wrote on Thu Jan 14, 2021 2:52pm:

Hi Jenny

Thank you for your reply. 
Does it mean you have your house in the UK rented?

I am not planing to rent it. Could be any difference? 
thank you. 

Hi Berny,

 Yes we rent the UK house out, To be honest I am not sure, we had to declare all assets that we had world wide, and then declare any income from those assets,  so you would have to declare the house, but as you wont have any income from it, then I assume you would not get charged tax. My personal opinion is why do I have to declare assets in another country, but its the law, and my husband, will not do anything outside of the law, unlike me LOL!!!.  To be honest you would be best  to contact the UK inland revenue and asked them, I got better and clearer advise from them, than I did from the 4 Spanish accountants I consulted. 

Good Luck

Berny115

Posted: Thu Jan 14, 2021 5:22pm

Berny115

Original Poster

Posts: 25

16 helpful points

Location: Alicún

Joined: 9 Oct 2020

Posted: Thu Jan 14, 2021 5:22pm

Jenni wrote on Thu Jan 14, 2021 4:14pm:

Hi Berny,

 Yes we rent the UK house out, To be honest I am not sure, we had to declare all assets that we had world wide, and then declare any income from those assets,  so you would have to declare the house, but as you wont have any income from it, then I assume you would not get charged tax. M...

...y personal opinion is why do I have to declare assets in another country, but its the law, and my husband, will not do anything outside of the law, unlike me LOL!!!.  To be honest you would be best  to contact the UK inland revenue and asked them, I got better and clearer advise from them, than I did from the 4 Spanish accountants I consulted. 

Good Luck

Thank you Jenny. 
we have to follow the law 100%. 

I will ask the tax office people. But I also have a property in Chile. That I don’t rent it out either. 


You know, thinking about it  I think we are better to go to Spain for three months every 6 months. I hope it’s easy to get into Spain after Covid-19 and Brexit. I will be very prepared. 

Thank you a lot for your help Jenny


Bernarda 

Alicia 11

Posted: Thu Jan 14, 2021 7:02pm

Alicia 11

Super helpful member

Posts: 2113

1784 helpful points

Location: Mojacar

Joined: 30 Sep 2019

Posted: Thu Jan 14, 2021 7:02pm

Jenni wrote on Thu Jan 14, 2021 1:30pm:

Hi Barnarda,

We are Spanish residents, we own property here and also in the UK. We have to make a tax declaration in Spain and also in the UK. The Spanish tax bill is horrendous over £2000 per year, (on money earned in the UK!!) the UK one minimal approx £100 per year, we do both via accountants so one assu...

...mes they know what they are doing!!!!!.

I hope this helps.

jenni wish we had a bill of 2000euros ours is well over double that after we have declared our pensions, premium bond winnings (we seem to be lucky with the small ones) interest on a small amount of savings all of which has to be taxed in Spain including husband's Army pension which used to be tax free.  Why do you pay tax in UK and Spain surely you are resident in Spain and pay tax here not in UK as well.

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