Advice please - Page 2

OK will do thanks Juan (and Tony).

This is something I think many many people should consider.  Residencia means you are taking up residency in this country - it’s not really supposed to be used for extended holidays.  It’s also I believe exactly the same as the “settled” and “pre-settled” system UK is using for its migrants.  Up until you have resided in UK for 5 years, you are considered “pre-settled” and there are restrictions on the length of time you can spend outside the country and retain your “pre-settled” status.

As I said, Spain has always been .... ambivalent .... about the restrictions on being out of the country, but Brexit has changed that.  The introduction of ETIAS in 2021 will mean there is electronic monitoring of passports in and out of the EU and if your Residencia is lapsed, whilst Spanish authorities may not necessarily advise you, the electronic system will simply bar you entry if it deems you have overstayed.  Chrisso50 can back me up on this and offer more insight I’d suggest

OK thanks Dario, sounds like you know your stuff.  I just wasn't sure if we should be doing anything this year that would help us further down the line should we decide to move over permanently in the future but obviously not so will just stick to holidaying for now.  Shame we weren't in a position to move over permanently this year.

Thanks everyone.

When Dario mentions a max 12 months away being able to be accumulated during five years of temporary residency I think that he is referring to the LTR (Long Term Residency) rules. Those rules apply to 3rd country residents so will be relevant for Brits arriving after the end of transition period - and would have been relevant for us in a 'no deal' scenario. 

If that had happened we would be unable on average to be away for more than 10 weeks each year in a five year period and still retain Spanish residency. Fortunately the WA 'Continuous Residency' terms apply and any Brit that arrives here and obtains residence BEFORE 31 December 2020 will be able to be away from Spain 🇪🇸 for no more than six months each year.

Chris

Hi Thanks Chris - very useful.  I think that has answered my questions.

AHA!! Many many thanks Chris - see - that’s why I ask your opinion!!! You’ll set me right.

Thanks for that information really useful .

Is this true to say : 

Therefore  : 6 months in UK ( no longer ) and 6 months in Spain (no longer)and with Residency up to 5 years  in Spain is achievable  to work in UK and were we will be taxed. However as we are not spending more than 6 months in Spain we wouldn't be tax Residents and this might work out ?

Tracey

If you spend 6 months (182 days in UK) and six months +1 day (183 days in Spain), you are a Spain tax-resident.
But if you spend 183 days in the UK you would be a UK tax-resident - and lose your Spanish residency. It's about that cake - you can't have your cake and eat it too ;)

In fact to be on the safe side it's maybe advisable not to aim to spend as much as six months in the UK to allow for contingencies, cancelled plane flight back, etc. But I'm not a tax adviser. It's advisable to consult an abogado (lawyer) to be sure what is OK. Some might contact a gestor (paralegal) but penalties for faulty tax declaration are hefty so maybe an abogado is safest...

I reside in Spain and am a tax resident here. But I pay tax to HMRC in the UK because I receive rental income from my house in the UK AND I pay tax on my UK occupational pension. Under Spanish law I also have to declare in Spain my 'worldwide income' - effectively my UK income. But I can offset the tax I have already paid in the UK against it - it's what is called the Double Taxation rule - you can't pay tax twice on the same earnings.

NB: The Spanish tax year runs Jan-Dec whereas the UK tax year is April-March. That's why I have an abogado to assist me in declaring tax here.

Chris

Thanks Chris that's worth thinking about just didn't want to be taxed twice that's all. We have a good solicitor who does our taxes in Spain so they could make sure we arnt paying twice .

We didn't want to apply for Residency until we had our facts right.

Thank you 

Have a good day !

Tracey

@Alicia 11.   Is it not 90 days in 180 therefore 180 days a year if you get the timings right.