Renewing your Padron - Residency in Arboleas: padron, residencia and passport advice - Arboleas forum - Costa de Almería forum in the Almeria province of Spain
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Renewing your Padron - Page 2

DarioMartin

Posted: Sun Oct 2, 2022 8:48pm

DarioMartin

Legendary helpful member

Posts: 5387

6428 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Sun Oct 2, 2022 8:48pm

Deez55 wrote on Sun Oct 2, 2022 7:31pm:

Hi Dario Martin Thank you for your information we read this and we’re again pleased with the reply. But, we took your advice and went on the C.A.B site where I entered my question “ as a non resident do I have to register on the Padron” it does indeed say non residents must not go on the Pa...

...dron, to which my husband and myself were delighted to at last have really sound advice where we decided that we will go to the Town Hall and tell them. After reading the answer to our question I carried on reading the rest of the advice given on the subject, then after reading about 5-6 queries down a lady had posed the question “ my husband and I are non EU residents do we need to go on the Padron” the answer  states yes you do. So unfortunately we are again no nearer to the right answer!!!! But thank you anyway for telling us about the C.A.B where we can now take this information with us tomorrow in black and white and see what they come up with.

Non EU residents? Or Citizens? Big difference.  You can be a non EU Citizen (i.e. UK Passport) BUT be a resident of Spain; if you are resident then yes, you must go on the Padrón.

You will do whatever you choose to do, but please remember this thread if / when AEAT come after you for ‘n’ years back tax and Guardia fines you for driving in a UK licence …. 

Look … the Padrón states that this is your place of “normal residence”, that you habitually live there … how can that apply to non-residents?

MaggieB

Posted: Tue Oct 4, 2022 10:18am

MaggieB

Helpful member

Posts: 308

214 helpful points

Joined: 10 May 2020

Posted: Tue Oct 4, 2022 10:18am

Deez55 wrote on Sun Oct 2, 2022 10:37am:

Hi Thank you all for your comments concerning my post about the Padron, My husband and myself will be going over to the town hall tomorrow to see someone over there. Whilst I am questioning the Padron issue We have also been asked by a friend why do we pay IBI if we are not residents here? We hav...

...e paid this since it was introduced, and when were speaking to a friend of ours said he had his bill and it was €307 we paid €371 this was why he queried why we pay it. If anyone has any input about this I would be grateful.

Thanking you

Everyone pays IBI.  This is paid yearly and varies from area to area and value of property so will differ for everyone.  As non resident you are liable for non resident tax.  If resident you pay your taxes in Spain.  If you are registered on the Padron, it indicates that you are living in Spain and the tax office are likely to pick up on this. You need to seek advice from a solicitor or gestor.  

Deez55

Posted: Tue Oct 4, 2022 8:36pm

Deez55

Original Poster

Posts: 12

1 helpful points

Location: Albox

Joined: 15 Jul 2021

Posted: Tue Oct 4, 2022 8:36pm

DarioMartin wrote on Sun Oct 2, 2022 8:48pm:

Non EU residents? Or Citizens? Big difference.  You can be a non EU Citizen (i.e. UK Passport) BUT be a resident of Spain; if you are resident then yes, you must go on the Padrón.

You will do whatever you choose to do, but please remember this thread if / when AEAT come after you for ‘n’ years back tax and Guardia fines you for driving in a UK licence …. 
...

...

Look … the Padrón states that this is your place of “normal residence”, that you habitually live there … how can that apply to non-residents?

I thank you all for your replies to both of the issues I have posted, but it seems some replies are starting to be quite aggressive. I originally posted about the Padron because we had been told by our solicitor ( who we asked specifically) told us we must be on the Padron, even though she does our non resident tax form. Also as I said we had a visit from two officials from the town hall. Plus voicemails telling us we have got to complete the Padron, so I posted my comments about said Padron thinking that all this we had gone through would help others.we were grateful that some people replied telling us different, to which we answered and said we will be going to the town hall to rectify this situation. But it seems some of the replies don’t like our decision and feel we should take their word without question, so again I will thank you all for your replies but I don’t think I will be asking anymore questions as I  feel it causes a little aggression from some people if you don’t take what they tell you as gospel.

Chappers0905

Posted: Wed Oct 5, 2022 11:19am

Posts: 63

19 helpful points

Location: Vera Playa

Joined: 23 Dec 2017

Posted: Wed Oct 5, 2022 11:19am

I am confused.  This time last year we bought a Spanish car off a non resident.  We were told that we had to be on the padron to enable us to buy the car.  

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DarioMartin

Posted: Wed Oct 5, 2022 11:55am

DarioMartin

Legendary helpful member

Posts: 5387

6428 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Wed Oct 5, 2022 11:55am

Chappers0905 wrote on Wed Oct 5, 2022 11:19am:

I am confused.  This time last year we bought a Spanish car off a non resident.  We were told that we had to be on the padron to enable us to buy the car.  

This is a misconception.  Some garages etc do ask for a Padrón, and if as a non-resident you go onto the Padrón to buy the car, it is vital you de-register as soon as possible.

To try and be clear, (without being aggressive)  The Padrón is a certificate that states that the address nominated is an address of habitual residence, and the Ayuntamiento is therefore entitled to funding for services.

If you are not a resident of Spain and not habitually resident at that address, you should not be on the Padrón.

A Padrón makes you "quasi-resident" in the eyes of Spanish Authorities and may well alert AEAT that you are effectively Tax Resident and liable for Income Tax (in Spain, Tax is levied on worldwide income)

Official communication in Spain is not what could be called efficient or effective.  Some Ayuntamientos will tell a non-resident to go on the Padrón simply because they don't know better.  Others may do it because the more people on the Padrón, the more funding they receive, so it is in their interest to have you on the Padrón.  Should you then get into difficuklties, as described elsewhere, it's pointless going back to the Ayuntamiento because they will simply shrug their collective shoulders and say "not my problem"

I am labouring the point on this topic because it is not a point either well known or well understood.  A solicitor gives advice, and because they are a solicitor it's accepted without question.  However, as many on this forum will testify, a solicitor used say for house purchase may not have all the answers when it comes to migration or residency questions.  Unfortunately here it seems as though solicitors, instead of saying "I don't really know" may well tell you what they think you want to hear and take your money.  When things go wrong ... again, as I am sure many on this forum can stand witness to .... there is virtually no recourse.

Again, I am just a person who has gained practical experience of these things - but I don't expect to be believed without question.  If you remain unsure, contact a Solicitor who specialises in migration and residency (i.e. Mundi Abogados) and ask them. (Tel.: 950 460 999 or email [email protected])

mst

Posted: Wed Oct 5, 2022 4:52pm

mst

Posts: 22

6 helpful points

Location: Palomares

Joined: 23 Mar 2020

Posted: Wed Oct 5, 2022 4:52pm

DarioMartin wrote on Sun Oct 2, 2022 8:48pm:

Non EU residents? Or Citizens? Big difference.  You can be a non EU Citizen (i.e. UK Passport) BUT be a resident of Spain; if you are resident then yes, you must go on the Padrón.

You will do whatever you choose to do, but please remember this thread if / when AEAT come after you for ‘n’ years back tax and Guardia fines you for driving in a UK licence …. 
...

...

Look … the Padrón states that this is your place of “normal residence”, that you habitually live there … how can that apply to non-residents?

You have to go to the town hall and fill in a form to come off the padrone.   You do not just stop renewing it.   Maybe that is why the op got a visit.

DarioMartin

Posted: Wed Oct 5, 2022 5:14pm

DarioMartin

Legendary helpful member

Posts: 5387

6428 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Wed Oct 5, 2022 5:14pm

mst wrote on Wed Oct 5, 2022 4:52pm:

You have to go to the town hall and fill in a form to come off the padrone.   You do not just stop renewing it.   Maybe that is why the op got a visit.

I also saw that you have to renew every two years and if you don't Ayuntamiento will take you off the Padrón - how many Ayuntamientos actually do that though is anybodies guess

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