Living in Spain & working in Uk

Information and questions about the Law in Spain and Andalucia.
Pamela1
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Living in Spain & working in Uk

Postby Pamela1 » Wed Dec 06, 2017 2:46 pm

Not realy sure if im posting this in the right section -A friend of ours asked us a question that we could not answer so i thought id ask on here.. The person i refer to is a self employed architect who would like to live in Andalucia but still wants to conduct his business in the Uk and is happy to travel backwards and forwards...Would he be able to apply for residency in Spain while travelling back and forth or would he have to stay put in Spain for 6months or so? Also what would his tax implications be as he runs his architecht company with his brother who has no intentions of leaving the Uk.

Paddy Pumpkin
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Re: Living in Spain & working in Uk

Postby Paddy Pumpkin » Thu Dec 07, 2017 1:13 am

Residency...as long as he is an EU citizen then just go to the Policia National and register. There are a few different conditions he would need to satisfy to register...but he does not need to actually spend any time here. He just declares to be living here and you can live in 2 different countries at the same time. However I would ask why he would want to register here. From a practical point of view it is much easier for him to maintain his main residence in the UK and have a holiday home here. As long as he does not become tax resident in Spain he does not have to do a tax return here or pay tax on money made in the UK.

Tax residence...quick answer. You are tax resiednt if any of following aply.
You sepnd 183 days in a year in Spain
Your kids or spouse live in spain permanently.

Pamela1
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Re: Living in Spain & working in Uk

Postby Pamela1 » Thu Dec 07, 2017 9:24 am

Thank you Paddy Pumpkin, i think the reason why he wants to be resident in Spain at this moment is because in the long term he intends to settle and live in Spain if he can and has been looking at ways of being resident before Brexit is fully sorted..

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costakid
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Re: Living in Spain & working in Uk

Postby costakid » Thu Dec 07, 2017 11:27 am

I think to become a resident he has not enough time left before brexit. Cid will confirm but to become a resident is not immediate but signing on the patron is.

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Re: Living in Spain & working in Uk

Postby El Cid » Thu Dec 07, 2017 1:36 pm

There is arguably only one official form of residency and that is tax residency. Signing on the register of foreigners merely give you the right, under Spanish and EU law to stay in Spain for more than 3 months. After 5 years you automatically get the right to reside permanently (not that it makes much difference, it is just more difficult for them to deport you!) You must register before your 90 days are up but you can do so the first day you arrive in Spain.

Signing on the Padron is, in some ways, more like "residency" as I means that you have declared that the town you live in is your "habitual residence" That is why, just because you own a property here does not require you to sign on, in fact legally you are not allowed to unless you are predominately resident, ie do not have your habitual residence elsewhere.

That said, most town halls, take no notice of the law and encourage anyone who has a property to sign on as it may result in them getting more funds from central government. Of course, this is even more likely now that the building boom has finished and the never ending flow of money from the building licences has dried up! Lets face it, someone has to pay for the Mayor's new car!

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chrissiehope
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Re: Living in Spain & working in Uk

Postby chrissiehope » Thu Dec 07, 2017 2:20 pm

Paddy Pumpkin wrote: As long as he does not become tax resident in Spain he does not have to do a tax return here or pay tax on money made in the UK.


Not strictly correct - as a non-resident he will be liable for the 'imputedincome' tax on any property he owns
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Re: Living in Spain & working in Uk

Postby Manchesteral » Thu Dec 07, 2017 8:33 pm

Paddy Pumpkin wrote:Residency...as long as he is an EU citizen then just go to the Policia National and register. There are a few different conditions he would need to satisfy to register...but he does not need to actually spend any time here. He just declares to be living here and you can live in 2 different countries at the same time. However I would ask why he would want to register here. From a practical point of view it is much easier for him to maintain his main residence in the UK and have a holiday home here. As long as he does not become tax resident in Spain he does not have to do a tax return here or pay tax on money made in the UK.

Tax residence...quick answer. You are tax resiednt if any of following aply.
You sepnd 183 days in a year in Spain
Your kids or spouse live in spain permanently.


Yes of course, if you spend, physically 183 days per year or more in Spain you should declare yourself tax resident, regardless of where your earnings originate !

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Re: Living in Spain & working in Uk

Postby Paddy Pumpkin » Fri Dec 08, 2017 1:52 pm

chrissiehope wrote:
Paddy Pumpkin wrote: As long as he does not become tax resident in Spain he does not have to do a tax return here or pay tax on money made in the UK.


Not strictly correct - as a non-resident he will be liable for the 'imputedincome' tax on any property he owns



yes that is correct and if he did any work while in Spain (even if not resident) and got paid for that work then he should also do a Spanish tax return.


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