How to get a passport stamp on departure

Information and questions about the Law in Spain and Andalucia.
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How to get a passport stamp on departure

Postby paddymac » Tue May 17, 2016 3:09 pm

Buenos dias

I'm due to leave Spain on June 8th for a work contract in Asia and won't be back until next year, or possibly just before Christmas. It means I won't be classed as a Spanish resident in 2016 as it's under the stipulated 183 days. This could be handy for tax purposes. But thinking ahead, I assume I might have to prove that I wasn't here for the remainder of this year. Any idea how to do that?

The obvious way would be to get a passport stamp as I leave from Madrid but that never seems to happen these days. I travel in and out frequently and just looked though my passport to double check - and there doesn't seem to be a single Spanish or any kind of EU stamp in it.

Any ideas?

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Re: How to get a passport stamp on departure

Postby fincalospinos » Tue May 17, 2016 4:00 pm

Passport control will usualy oblige if you ask them.
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Re: How to get a passport stamp on departure

Postby costakid » Tue May 17, 2016 5:09 pm

Ask. If they want to know why an EU citizen wants a stamp you may have to explain. I guess your Spanish is up to that.

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Re: How to get a passport stamp on departure

Postby Miro » Tue May 17, 2016 5:55 pm

You may find it easier to get a stamp on arrival in & departure from Asia, which should prove the same thing if necessary, especially accompanied by flight details.
Don't assume, however, that you won't still be deemed tax resident in Spain for the year. The 183 day rule is only one determining factor. Unless you can prove that you are a tax resident in another country for 2016, your habitual residence and centre of economic activity may still be considered to be Spain. I would check the situation carefully.
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Re: How to get a passport stamp on departure

Postby paddymac » Tue May 17, 2016 7:17 pm

Thank you for that very useful tip Miro. I'll bear that in mind. Costa kid, also a good point. My Spanish would be OK for that eventuality.

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Re: How to get a passport stamp on departure

Postby markwilding » Wed May 18, 2016 4:49 pm

Changing from resident to non-resident
If you find, for whatever reason, that you must leave Spain, then it is just as important to make sure you inform the authorities that you are going as it was when you arrived.
As a minimum you should:
inform your bank – you will need to change your resident account to non-resident
inform the town hall where you registered on the padron
go to the National Police office where the residency certificate was first issued

When you cancel your residency at the National Police office they will issue you with a stamped document that includes the date of cancellation and the reason for it. This is your proof that you are no longer a resident and that you have informed the necessary people.
You will also have to let your fiscal representative know about your change in circumstances. You will probably still have to complete one more resident tax return the year after you return to your home country as taxes are presented retrospectively. After that you will complete a non-resident tax declaration form before 31st December every year if you haven’t sold your property.
Although you will no longer be required to pay taxes on your income, including pensions, to the Spanish Tax Authority you will still have the Spanish imputed income tax to pay as a non-resident or income tax on rental if you rent out your property in Spain. Imputed income tax is the tax that non-residents pay if they are not renting out their property.
Of course, you must also inform the relevant offices and organisations in your home country of your change in living arrangements. But remember, if anyone tells you that you can be resident in two countries – you can’t. You have the decision about where you spend most of your time. After that you have no choice at all.

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