Changing from resident to non-resident tax declaration - what needs doing?

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alpineSi
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Changing from resident to non-resident tax declaration - what needs doing?

Postby alpineSi » Sat Nov 28, 2020 4:41 pm

Hi all,

After working in Spain 5 years we've been stuck in the UK the last year because of Covid and ended up renting a house, getting jobs etc.
We've been here well over 183 days and will need to do our 2020 declaration as non-residents (NR).

As Spanish residents, we would do this before June 2021, but I understand the NR deadline is December 2020.

1) I still have property in Spain so know I need to do an NR return. Is there anything specific I need to do in order to change to NR, or will the system update itself once I/we submit the NR declarations in December?

2) My OH isn't on the Spanish property and closed her bank account. Does she even need to do an NR return?

Thanks as usual for the insights.


p.s. Couldn't care less about policia/residencia, this is just about tax.

pensure1988
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Re: Changing from resident to non-resident tax declaration - what needs doing?

Postby pensure1988 » Sat Nov 28, 2020 11:18 pm

Hi

This website might answer your questions.

https://blog.abacoadvisers.com/changing ... -in-spain/


David

Paddy Pumpkin
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Re: Changing from resident to non-resident tax declaration - what needs doing?

Postby Paddy Pumpkin » Sun Nov 29, 2020 10:01 am

Just because you have spent more than 183 days away from Spain doesn't mean you lose your tax residence. Indeed it is possible to have tax residency in both UK and Spain. In which case you have to read the Double Taxation Agreement to see which country takes primacy in taxing you.

alpineSi
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Re: Changing from resident to non-resident tax declaration - what needs doing?

Postby alpineSi » Mon Nov 30, 2020 2:02 pm

Thanks, getting to the bottom of that it seems to just be that you do the NR one and hope for the best!

alpineSi
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Re: Changing from resident to non-resident tax declaration - what needs doing?

Postby alpineSi » Mon Nov 30, 2020 2:08 pm

Paddy Pumpkin wrote: Sun Nov 29, 2020 10:01 am Just because you have spent more than 183 days away from Spain doesn't mean you lose your tax residence. Indeed it is possible to have tax residency in both UK and Spain. In which case you have to read the Double Taxation Agreement to see which country takes primacy in taxing you.
A good point, thank you. Without any rental income, nationality, nor pensions etc tied to Spain I think my case is more simple than most and not having set foot in Spain since 2019 would suggest UK has a stronger claim.

I mainly ask because when I left the UK a decade ago I notified them I was leaving and was sent paperwork to confirm that. This doesn't seem to exist in Spain.

Paddy Pumpkin
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Re: Changing from resident to non-resident tax declaration - what needs doing?

Postby Paddy Pumpkin » Mon Nov 30, 2020 6:18 pm

alpineSi wrote: Mon Nov 30, 2020 2:02 pm Thanks, getting to the bottom of that it seems to just be that you do the NR one and hope for the best!
You need to complete the Modelo 030...basically tell the taxman about your change in circumstances..link below

https://www.agenciatributaria.es/AEAT.i ... _030.shtml

alpineSi
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Re: Changing from resident to non-resident tax declaration - what needs doing?

Postby alpineSi » Mon Nov 30, 2020 11:54 pm

Paddy Pumpkin wrote: Mon Nov 30, 2020 6:18 pm You need to complete the Modelo 030...basically tell the taxman about your change in circumstances..link below

https://www.agenciatributaria.es/AEAT.i ... _030.shtml
Fantastic, thank you. Can't imagine why this wasn't on any of the usual sites that Google throws up. Sounds perfect:
Las personas físicas que no desarrollen actividades empresariales o profesionales y no satisfagan rendimientos sujetos a retención o ingreso a cuenta deberán utilizar el modelo 030 para comunicar el cambio de domicilio fiscal, modificar datos personales, etc

Miro
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Re: Changing from resident to non-resident tax declaration - what needs doing?

Postby Miro » Tue Dec 01, 2020 2:09 am

alpineSi wrote: Mon Nov 30, 2020 11:54 pm Can't imagine why this wasn't on any of the usual sites that Google throws up. Sounds perfect:
Probably because if you ask anyone at Hacienda, they would probably just give you a blank look and shrug their shoulders. When we left Spain 3 years ago, for reasons I won't bother going into here, we needed to switch from fiscal residents to non-residents, and I was concerned about how to notify the relevant authorities. Nobody seemed to know, even when we specifically mentioned 030, so in the end we did exactly what you suggested: do the NR one and hope for the best!
No problems to report :thumbup:
Don't worry about what people think, they don't do it very often

"Acquiring a dog may be the only opportunity a human ever has to choose a relative," Mordecai Siegal 1935-2010.

alpineSi
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Re: Changing from resident to non-resident tax declaration - what needs doing?

Postby alpineSi » Tue Dec 01, 2020 3:15 pm

Miro wrote: Tue Dec 01, 2020 2:09 am Nobody seemed to know, even when we specifically mentioned 030, so in the end we did exactly what you suggested: do the NR one and hope for the best!
No problems to report :thumbup:
Good to know! Maybe I'll just do both for safety!


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