A year-long temporary stay

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gus-lopez
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Re: A year-long temporary stay

Postby gus-lopez » Thu Jan 10, 2013 11:51 am

You don't need a motorhome .
It is a certificate for EU citizens taking extended vacations & stating that you are a tourist , not resident , not fiscally resident & that there's no requirement for you to register as you are a resident of another EU state.
I mentioned motorhomes as that is the place where the question usually cropped up & where many can explain exactly what it is called & the easiest place to obtain it.

If you were doing any form of studying then that would be another way of bypassing the registration requirement as students/scholars on placements in other EU states have up to 2 year exemptions from any requirement to register & can bring all goods & chattels . ( including motor vehicles without any requirement to re-register them .)

Personally & knowing what I know, I wouldn't voluntarily register for anything if I was only staying for one year & not returning .
Once in the system any inadvertent omission of something could lead to them attempting to notify you but you've already gone back to the Uk; They'd then put it in the BoE , Which is the only legal requirement they actually have to do !
Remember , in Spain it is up to you to check regularly that you don't owe anyone/anything/have forgotten to pay/ forgotten to tax/itv the car , etc; etc, There is no requirement , other than them placing it in the BoE , to notify you.
If this happened & once the BoE has been has been placed they can then apply for a European Court Order for the debt, etc; Once granted this gives them the power to seize/block/sell all assets that you own in your Resident country ,the UK, & subject to applying to the UK for a court order ,which unfortunately will be automatically granted by virtue of the Spanish EC order. :thumbdown:
Better to be fined for non registering in my book.
Todos somos Lorca.

El Cid
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Re: A year-long temporary stay

Postby El Cid » Thu Jan 10, 2013 12:47 pm

gus-lopez wrote:
If you were doing any form of studying then that would be another way of bypassing the registration requirement as students/scholars on placements in other EU states have up to 2 year exemptions from any requirement to register
Not according to the EU directive and the info you linked to.

Students are not exempt from registration, have to have health cover and sufficient funds just like anyone else.

http://europa.eu/youreurope/citizens/re ... dex_en.htm

It might be different for students sent on temporary placements from another country but "normal" students still have to register.

Sid

gus-lopez
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Re: A year-long temporary stay

Postby gus-lopez » Thu Jan 10, 2013 1:24 pm

Yes ,I meant ones who are doing placements from a course/uni etc; in the UK.
Todos somos Lorca.

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Martin Page
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Re: A year-long temporary stay

Postby Martin Page » Thu Jan 10, 2013 3:21 pm

Keep it simple ....whos to know if you dont tell 'em ?

just plead ignorance ...LOL

Whos going to bother, this side of the chanel or the other ?

laswalkirias
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Re: A year-long temporary stay

Postby laswalkirias » Sat Jan 19, 2013 1:16 pm

Is it possible to go to Gibraltar every 90 days to avoid the resident sign in at Police station register of foreigners?
Dying to move to spain

El Cid
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Re: A year-long temporary stay

Postby El Cid » Sat Jan 19, 2013 1:30 pm

Strictly speaking, yes it is as the 90 days have to be consecutive and you would have to spend an entire day outside Spain. In the extremely unlikely event that you were ever challenged on the 90 day rule it would be up to you to prove that you had been away.

Of course, from a tax residency point of view it would not avoid that as the 183 days do not have to be consecutive.

Sid

laswalkirias
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Re: A year-long temporary stay

Postby laswalkirias » Sat Jan 19, 2013 2:14 pm

Thanks Sid
I am afraid I am going to take the cowards option and keep to the 180 day limit in Spain
Hopefully I will be able to get 2 x 3month rentals each year until I make permanent move( I own a very expensive appartment in London and do not wish to pay Spanish non resident tax on my property
Long term plan is to sell London apartment and buy property in Spain for permanent residence and die in Spain!!!!
Dying to move to spain

terribrncic
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Re: A year-long temporary stay

Postby terribrncic » Tue Feb 26, 2013 5:48 am

Hi:

We are also planning a year-long stay in Spain with no work during that time period and no intention to stay past the one year period (coming from America, so no EU reciprocity). We had assumed we would need the long-stay "non-lucrative" visa and are in the midst of a massive fire drill trying to get all the required pieces pulled together. From this forum, it sounds like planning to exit the country every 90 days would eliminate a lot of the visa and registration hassle. Outside of avoiding exits every three months, are there any other reasons why we might want the long-stay visa instead? For example, we are planning to enroll our children in a private school and will likely be purchasing a used car while we are there. Is the long-stay visa a requirement for the NIE registration and will we need the NIE to purchase a car, enroll in school?

On the tax registration topic, we were planning to arrive in July 2013 and leave the following June/July 2014. Under the 183 day rule, we should have no problem for 2013, but will need to plan to exit the country by no later than July 2, 2014 to avoid the 2014 tax registration. Is this the correct interpretation?

Appreciate any help you can provide!

Terri

gus-lopez
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Re: A year-long temporary stay

Postby gus-lopez » Tue Feb 26, 2013 7:05 am

Being American you do not have the option of leaving after 89 days. If you do not have some form of visa you have only a maximum of 6 months you can stay then you have to leave the EU completely !
Todos somos Lorca.

Sandramay
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Re: A year-long temporary stay

Postby Sandramay » Tue Feb 26, 2013 10:05 am

Would a trip to Morocco suffice?
Sandramay

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peteroldracer
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Re: A year-long temporary stay

Postby peteroldracer » Tue Feb 26, 2013 10:06 am

I suggest you look into driving licences as well, as two Americans I met (they run the cookery school in Torrox) ran into problems on permit validity....unlike other EU licences there is no scheme to accept a US licence (partly because there is no such thing, there being different rules state by state!) and the international driving permit that those car journalists forgot to get is not valid for a resident.....
Makes the EU seem almost as unwelcoming as the USA! :roll:
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elusive
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Re: A year-long temporary stay

Postby elusive » Tue Feb 26, 2013 10:44 am

So whats the situation if u have savings and rental income in the uk but you move to spain full time. do you still get taxed on the savings and rental income in the uk or are you taxed on it in spain after you declare as you are now a tax resident in spain. how much does a lawyer cost to sort these kind of things out for you.

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Enrique
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Re: A year-long temporary stay

Postby Enrique » Tue Feb 26, 2013 11:08 am

Hi elusive,
Sounds like you need to find a Gestor to point you in the right direction.
Example.........Gestor will charge 30euro to fill in Form 210, a lawyer 160euro. :shock: or a bit of reading, asking questions and you can do it yourself.......... :D
All my best learning experiences start with a problem I need to solve.

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peteroldracer
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Re: A year-long temporary stay

Postby peteroldracer » Tue Feb 26, 2013 11:09 am

Immediate comment - NOT a lawyer - what you want is a gestor - a sort of accountant who specialises in a particular area such as taxation, or house registration, or motor vehicle regualutions etc.
In my experience (and, if you read this forum, a lot if not the majority of members) lawyers here are expensive and lacking in competence, and will not accept responsibility if they make even serious errors.
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elusive
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Re: A year-long temporary stay

Postby elusive » Tue Feb 26, 2013 2:24 pm

Thanks

katy
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Re: A year-long temporary stay

Postby katy » Tue Feb 26, 2013 3:43 pm

Like Lawyers, Gestors are not all efficient and knowledgable. Shop around, some haven't a clue about ex-pat taxes.

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Enrique
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Re: A year-long temporary stay

Postby Enrique » Tue Feb 26, 2013 4:53 pm

So following on from katy's post get yourself up to speed ........read this Forum.

You will come across words like" Double Taxation Agreement".......so Google it and read up on the official sites....Example...........
http://www.hmrc.gov.uk/international/dta-intro.htm

Have a look at the AEAT site, some of it is in English........see what forms you need

Get yourself a Digital Signature............read The Forum FAQ's............ :thumbup:

Soon you will be as good as any Gestor......... :D
All my best learning experiences start with a problem I need to solve.


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