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Spanish Tax Angst - Page 2

MojCath

Posted: Wed Feb 7, 2024 4:36pm

MojCath

Original Poster

Posts: 9

Location: Mojacar

Joined: 12 Jan 2023

Posted: Wed Feb 7, 2024 4:36pm

Alicia 11 wrote on Wed Feb 7, 2024 3:53pm:

As usual it is always down to the ordinary guy to do the leg work HMRC and the Spanish tax offices do not work together and it is the person who is taxed who is supposed to know what to do.  The only income aloud in Spain and taxed in the UK is the payment of Civil servants pensions, Having ...

...said that if, like my husband your pension is not at tax levels of the UK it will be taxed in Spain under the world wide income rules. 

Thanks, Alicia.  My problem is that they are specifically talking about 2016/2017 and we were not living in Spain by then, so tax was, as it always had been, paid in the UK.  We had documents from our bank showing that we became non-resident years before then.  We also provided a Letter of confirmation of residence from 2010, but our lawyer said that it had arrived too late and that now we need a Certificate of residence.  It just feels like we're banging our heads against a brick wall.

DarioMartin

Posted: Wed Feb 7, 2024 5:03pm

DarioMartin

Legendary helpful member

Posts: 5418

6472 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Wed Feb 7, 2024 5:03pm

Alicia 11 wrote on Wed Feb 7, 2024 3:53pm:

As usual it is always down to the ordinary guy to do the leg work HMRC and the Spanish tax offices do not work together and it is the person who is taxed who is supposed to know what to do.  The only income aloud in Spain and taxed in the UK is the payment of Civil servants pensions, Having ...

...said that if, like my husband your pension is not at tax levels of the UK it will be taxed in Spain under the world wide income rules. 

As an aside, you'd only be taxed in Spain if the pension or income was more than 10.000€ per annum

MojCath

Posted: Wed Feb 7, 2024 5:39pm

MojCath

Original Poster

Posts: 9

Location: Mojacar

Joined: 12 Jan 2023

Posted: Wed Feb 7, 2024 5:39pm

jch wrote on Wed Feb 7, 2024 1:41pm:

the Certificate of Residence is not exclusively for business or earners abroad. I have recently had to obtain this same Certificate.  The online form 'appears' to be for business/earners abroad, but if you carry on filling it out, there is ample opportunity to explain what you need, your cir...

...cumstances, etc., and lo and behold, you get a certficate.  Just fill in the blanks that apply to you and ignore anything that asks for business details and the like.  It's just that the HMRC site is not very clear that the procedure applies as well to 'ordinary' people who just need to prove their residence in the UK.

Actually, I've just applied, via the email form route again, and it I've received confirmation.

Thanks - fingers crossed!

jch

Posted: Wed Feb 7, 2024 5:45pm

jch

Posts: 28

24 helpful points

Location: Vera

Joined: 7 Dec 2019

Posted: Wed Feb 7, 2024 5:45pm

MojCath wrote on Wed Feb 7, 2024 4:36pm:

Thanks, Alicia.  My problem is that they are specifically talking about 2016/2017 and we were not living in Spain by then, so tax was, as it always had been, paid in the UK.  We had documents from our bank showing that we became non-resident years before then.  We also provided a L...

...etter of confirmation of residence from 2010, but our lawyer said that it had arrived too late and that now we need a Certificate of residence.  It just feels like we're banging our heads against a brick wall.

This may not be helpful, but....  I believe the 'Letter' and 'Certificate' are the same thing.  I asked HMRC via their helpline and the response was 'the same'. Also the accountants I use in Spain believe that to be true.  But that doesn't mean a particular Spanish tax office worker will accept that. Whereas the next one might...

Potentially helpful....if you have the time the people on the other end of the HMRC chat or call helplines are actually helpful (in my experience), but there is a bit of waiting as you move up the queue....

and.....I had a similar problem as you with the driving license (error message saying you must complete before continuing...), it was not the driving license it was as I remember to do with the 'date you returned to live in the UK', which was pretty meaningless for my situation, but I picked a date of entry and decided that would be it, and -- now able to continue-- explained what I had done in the 'comments' area.  They accepted that way of dealing with the issue.  In your case, if you still want to go the online route, or still need to, try just putting your license number in and explaining in the comments section what you have done.

and not practically helpful at all, other than to feel better ---- it's all a bit random, there are aspects of Spanish and UK bureaucracy that are mind-bending, so doing what you are doing -- having a bit of a moan -- is a good reaction. Followed by a friendly pint....if you are so inclined.

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jch

Posted: Wed Feb 7, 2024 5:48pm

jch

Posts: 28

24 helpful points

Location: Vera

Joined: 7 Dec 2019

Posted: Wed Feb 7, 2024 5:48pm

jch wrote on Wed Feb 7, 2024 5:45pm:

This may not be helpful, but....  I believe the 'Letter' and 'Certificate' are the same thing.  I asked HMRC via their helpline and the response was 'the same'. Also the accountants I use in Spain believe that to be true.  But that doesn't mean a particular Spanish tax office worke...

...r will accept that. Whereas the next one might...

Potentially helpful....if you have the time the people on the other end of the HMRC chat or call helplines are actually helpful (in my experience), but there is a bit of waiting as you move up the queue....

and.....I had a similar problem as you with the driving license (error message saying you must complete before continuing...), it was not the driving license it was as I remember to do with the 'date you returned to live in the UK', which was pretty meaningless for my situation, but I picked a date of entry and decided that would be it, and -- now able to continue-- explained what I had done in the 'comments' area.  They accepted that way of dealing with the issue.  In your case, if you still want to go the online route, or still need to, try just putting your license number in and explaining in the comments section what you have done.

and not practically helpful at all, other than to feel better ---- it's all a bit random, there are aspects of Spanish and UK bureaucracy that are mind-bending, so doing what you are doing -- having a bit of a moan -- is a good reaction. Followed by a friendly pint....if you are so inclined.

ah, just read your reply....fab, good luck, and do consider that friendly pint or equivalent, maybe a chocolate treat

MojCath

Posted: Wed Feb 7, 2024 6:17pm

MojCath

Original Poster

Posts: 9

Location: Mojacar

Joined: 12 Jan 2023

Posted: Wed Feb 7, 2024 6:17pm

jch wrote on Wed Feb 7, 2024 5:48pm:

ah, just read your reply....fab, good luck, and do consider that friendly pint or equivalent, maybe a chocolate treat

It will be a pint for him and a bottle of wine for me!

When i've rung HMRC before, I got a very sweet girl or boy and, on each occasion, they didn' t really have a clue.  They couldn t understand why the Letter of confirmation of residence wasn't acceptable, but said they would pass it on to an "expert" - I never heard back - suspect they re all Working from Home.  But, to be honest, I can't understand this either.

Thanks again.

LosPardoslady

Posted: Wed Feb 14, 2024 6:17pm

LosPardoslady

Helpful member

Posts: 613

436 helpful points

Location: Vera

Joined: 22 Jun 2019

Posted: Wed Feb 14, 2024 6:17pm

I am in the middle of dealing with HMRC regarding double taxation.  I am being taxed by both Spain and the UK on the same income.  The onus is on the taxpayer to apply for the correct tax status to be applied in the correct country.  It doesn't help that even when you get a so called 'expert', some still have no clue as what tax you should be paying and where.

I have eventually spoken to a tax officer and now dealing solely with her. (I received a call today and am hopeful that I have a solution).  It might be worth a try to call HMRC and get a named tax officer and just deal with them.  

Like jch the 'letter and certificate' are one and the same.

Groupo Salvador in Mojacar are very good and have been able to help me a lot.  I would highly recommend.  Feel free to pm me if you have any questions.  Regards Karen 

MojCath

Posted: Thu Feb 15, 2024 3:11pm

MojCath

Original Poster

Posts: 9

Location: Mojacar

Joined: 12 Jan 2023

Posted: Thu Feb 15, 2024 3:11pm

LosPardoslady wrote on Wed Feb 14, 2024 6:17pm:

I am in the middle of dealing with HMRC regarding double taxation.  I am being taxed by both Spain and the UK on the same income.  The onus is on the taxpayer to apply for the correct tax status to be applied in the correct country.  It doesn't help that even when you get a so call...

...ed 'expert', some still have no clue as what tax you should be paying and where.

I have eventually spoken to a tax officer and now dealing solely with her. (I received a call today and am hopeful that I have a solution).  It might be worth a try to call HMRC and get a named tax officer and just deal with them.  

Like jch the 'letter and certificate' are one and the same.

Groupo Salvador in Mojacar are very good and have been able to help me a lot.  I would highly recommend.  Feel free to pm me if you have any questions.  Regards Karen 

Thank you so much for this, Karen.

I am about to 'phone HMRC again and do as you suggest.

I am also going to send the Letter of confirmation of residence, along with the document from my Spanish bank again proving that my husband was no longer resident from 2011 and the letters from HMRC to my husband for tax paid during the relevant periods again and ask him to pass them on to the Spanish tax office.  If I don't hear from him by tomorrow morning, and I doubt I will, I will contact Groopo Salvador.

I wish you luck in your predicament and thank you again for the information.  It really is a great help to know that we're not the only ones suffering in this way.

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