How long can we stay in quesada

Hi all can anyone give me an idea to how long we can stay in Spain before we are classed as not resident in uk we intend to keep our uk property but relocate in Spain and rent our uk property out my worry is health care for myself and wife and 85 year old mum also if we are long term in Spain who should I be paying tax to on rental income on uk property any help appreciated

Regards. Ken sue

Your tax burden will be to your country of residence. If you stay here more than 6 months you can be considered to be tax resident. However, if you spend 3 months or more in the U.K. it can consider you tax resident. As you have property in the U.K, under the double taxation rule, the UK would probably take precedence.

My interpretation (mine only !) Of the OP's position from all I have researched on the subject is that it would be the 6 month rule, more than 6 months in Spain and you are regarded as tax resident in Spain, need to do your tax return here etc ( you can get a solicitor to do all that for you ). There is ultimately a 'tie breaker' rule if there are real grounds for uncertainty as to your real residence , I don't think the UK property would count if you are letting it out as it is not then available for your own use and you are really based in Spain. The UK taxman will likely still want first dibs on the UK property rental income as it is earned in UK, but because Spain has double taxation treaty with UK, you would get allowance for tax paid, and not be taxed twice. Under current regs your 85 yr old mum should qualify for healthcare in Spain, and you will too if you or your wife are over UK pension age. If you are under UK pension age you'll need health insurance. Every person's situation is a bit different and best to take professional advice as you are bound to get lots of different opinions from people and you really would want to know the implications before taking the big step. If your situation is relatively straightforward a good Spanish solicitor could likely advise and sort it. Mind you, having said that , can anyone out there in Talk Quesada Land recommend a really knowledgeable specialised tax professional who knows both Spanish and UK system who could advise on slightly more complicated set ups ( eg including UK company issues etc)? I see a lot of ads eg Blevin & Franks but has anyone got recommendations from direct experience?

I hope you can get a recommendation to suit the situation you mention above Shiva - Many of us on here regularly recommend Solicitors and you will no doubt get the same recommendations as always but it would be nice if someone can genuinely recommend one they have used for this actual double/split taxation issue (as you say..."really knowledgeable specialised tax professional who knows both Spanish and UK system who could advise on slightly more complicated set ups ( eg including UK company issues etc)" and can give a bit of help on what they were told by them, rather than just hearsay.

Jan

There are many barrack room lawyers about..

For a modest sum you should go to a gestor, lawyer or a tax expert to sort out your finances.

We use http://www.gmlegalexperts.com/lawfirm/ to do all our legal advice and taxes... 60 euros per year and we are sure things are correct legally.

... at least you know you are doing it right and a you will not get a "knock at the door" demanding un-paid taxes a few years down the line..

-

Thx to all for advise

Just to add you can be a resident in one country but your tax domicile may be another country it all depends on the individual circumstances. Where your main assets are etc.