T.I.E

[elusive]

Ask them to email it? Prob to late unless they have a good gestor as they need their TIE before they can register the S1

[elusive]

https://www.facebook.com/groups/brexpat ... 574222778/

Info in the link might help

[markwilding]

That link is very interesting and confirms my suspicion that what the official said to me while I was picking up my TIE might mot have been totally correct.
Having to go through the process in the same way as someone applying from outside the EU before the end of this year might be incorrect. Just proving that you were living here should be enough and as long as an application is made before the 31st December, then my interpretation has alway been that you have to be accepted as long as other requirements are met.

The problem with living under the radar is that it might be more difficult to prove that someone has been living in Spain and the tax office might be inclined to go after unpaid taxes if they discover some should have been paid.

[elusive]

Its like catch 22. "Sorry ive been living here for years so please give me a TIE " then hacienda says oh you claim to have been living here for years? Lets see what tax you have paid then! Alot of people will incriminate themselves

[spanish_lad]

The problem with living under the radar is that it might be more difficult to prove that someone has been living in Spain and the tax office might be inclined to go after unpaid taxes if they discover some should have been paid.

The people that are applying for residencia now like rush rush hurry hurry must be stupid to think that they wont inform hacienda. Wait for the influx of "help meeeee" posts in a few months time when hacienda catches up

[Beachcomber]

Yes, it is the people who are applying now but have never submitted non-resident tax returns despite having owned a property here for a number of years who will bear the deserved wrath of AEAT.

[jogger]

I got my residencia (green card, Irish) in October, we arrived here for the first time this year on September 1st due to the pandemic, normally we do 5 months here each year since 2017. My wife is waiting for her TIE card, she's done the fingerprint thing already, how long does it usually take between the first and second appointment to collect the card?
Also not everyone applying now have been under the radar, we've paid our NR tax every year via our lawyer.

[peteroldracer]

jogger - you must be aware that you will have to change your routine if you are resident? You will have to spend at least 183 days a year in Spain to maintain your residency, and of course change to declaring all your income when you do your resident's tax return in 2022 for the year 2021.

[Wicksey]

They should have said when the card will be ready. For us we were told to go back in a month. The appointment to collect the card was very difficult to get as there were none available but we did eventually get them and I collected mine nearly 6 weeks after the initial application appointment.

[fyfin]

I assume your wife doesn't have an Irish passport but you have.

[markwilding]

jogger - you must be aware that you will have to change your routine if you are resident? You will have to spend at least 183 days a year in Spain to maintain your residency, and of course change to declaring all your income when you do your resident's tax return in 2022 for the year 2021.

This might not be correct. My understanding is that you lose the right to automatic residency, if you leave for more than 5 years. Anyone know the exact rules regarding this?

Another question is. are the rule different regarding the periods spent outside Spain for residences who become one pre 2021 to those who will become one after December?

[Wicksey]

It would seem an extreme measure to get full residencia here if you're only intending to be here for a long holiday of 5 months which won't meet residency rules. Unless Jogger you are going to stay here longer term?

I've read a lot of newspaper articles about the fact that after 31 Dec non-residents can only be here 90 days out of each 180, but I didn't think that there was any way around that, ie no visa process etc. Can people have dual residency I wonder, 6 months here, 6 months in the UK?

[jogger]

jogger - you must be aware that you will have to change your routine if you are resident? You will have to spend at least 183 days a year in Spain to maintain your residency, and of course change to declaring all your income when you do your resident's tax return in 2022 for the year 2021.

Yes Peter thanks, we will now be here for most of the year, the reason we didn't move previously was because we help out with the father in law and his Alzheimers. We will be contacting a tax advisor in spring next year to get things set up for that.

[jogger]

I assume your wife doesn't have an Irish passport but you have.

No she doesn't fin, she would of had to live there for two years to qualify. Something she wasn't prepared to do, to wet she said

[jogger]

It would seem an extreme measure to get full residencia here if you're only intending to be here for a long holiday of 5 months which won't meet residency rules. Unless Jogger you are going to stay here longer term?

I've read a lot of newspaper articles about the fact that after 31 Dec non-residents can only be here 90 days out of each 180, but I didn't think that there was any way around that, ie no visa process etc. Can people have dual residency I wonder, 6 months here, 6 months in the UK?

We have a house here which was our intention to live in and bought an apartment to use as rental income in the UK which we've been using ourselves but because of the *beep* we will now be here near enough fulltime although we will pop back for mid December to March to help out the oldies over winter and the wife can do a few 5 day trips over the year to check on them.

[elusive]

jogger - you must be aware that you will have to change your routine if you are resident? You will have to spend at least 183 days a year in Spain to maintain your residency, and of course change to declaring all your income when you do your resident's tax return in 2022 for the year 2021.

This might not be correct. My understanding is that you lose the right to automatic residency, if you leave for more than 5 years. Anyone know the exact rules regarding this?

Another question is. are the rule different regarding the periods spent outside Spain for residences who become one pre 2021 to those who will become one after December?

You can leave for upto 5 years once you have permanent residence. Before you have been here 5 years you have to spend more than 6 months in each year in spain to retain residence


Re the second question. Im only guessing here but presume the rules will be different as a 3rd country.as you dont get a visa for 5 years which now would take you to permanent resident rights. You have to reapply several times before you get to 5 as a 3rd country

[elusive]

jogger - you must be aware that you will have to change your routine if you are resident? You will have to spend at least 183 days a year in Spain to maintain your residency, and of course change to declaring all your income when you do your resident's tax return in 2022 for the year 2021.

Yes Peter thanks, we will now be here for most of the year, the reason we didn't move previously was because we help out with the father in law and his Alzheimers. We will be contacting a tax advisor in spring next year to get things set up for that.

You wont need to file any resident taxes or potentially the 720 form until 2022. For the 2021 tax year.

[Paddy Pumpkin]

You need to see a tax advisor ASAP. If you are here permanently from next year it means that you will be tax resident from January 1st 2021. The tax system here is completely different from both the UK and Ireland. What that means is practically you will be taxed in very different way from what you are used to. This means that you could end up paying much more tax than is necessary. Simple examples ...if you sell your house in the UK whilst you are tax resident in Spain then you could pay capital gains on it at up to 23% or the 25% tax free lump sum on a pension from the UK is taxable here in Spain at up to 48%. Two small example that if you did them before you cameto Spain would totally tax free. I can't stress it strongly enough, get some advice before you become resident and maybe even defer residency depending on your situation.

[elusive]

Yeah good points. Also if you drive with a uk licence make sure you have registered to change it before the end of the year or at present you will have to take a spanish driving test.

[Paddy Pumpkin]

It would seem an extreme measure to get full residencia here if you're only intending to be here for a long holiday of 5 months which won't meet residency rules. Unless Jogger you are going to stay here longer term?

I've read a lot of newspaper articles about the fact that after 31 Dec non-residents can only be here 90 days out of each 180, but I didn't think that there was any way around that, ie no visa process etc. Can people have dual residency I wonder, 6 months here, 6 months in the UK?

Tax wise ...yes you can pass the test to be tax resident in both countries. Then both countries refer to the Double Taxation Agreement which sets out whether Hacienda or HMRC takes primacy in tax affairs.

Residency registration wise ...if you are a UK or Irish passport holder you don't have to register residency in the UK (there is no Identity card either) so you can legally live in the UK without ever formally registering residency. (ignoring tax matters....but you can be tax resident in the UK or Spain even if you don't live there....for example if your spouse and child live in the UK or Spain then you are deemed to be a tax resident there even if you never set foot in the UK of Spain..at which point see my comment above about dual tax residency)