Moving back to Blighty

BritOverseas · by **BritOverseas** » Wed Nov 24, 2021 12:32 pm

Hi All

I don’t know if this particular question has been asked before, I can’t find it if it has so here goes.

It looks like our Spanish stay is over, I cannot maintain Spanish residency due to my job (it takes me out of the country for more than 6 months of the year) and I am under the 5 year limit (by a lot) to enable me to maintain it, so we are off…

Silly I know, spent a fortune and a lot of time and effort getting the residency, then this, but, them’s the rules.

My question is, do I have to be ‘Out’ by the end of this tax year to avoid having to file in Spain next year, or can I stay over a little bit into next year and as long as I am out for the remainder of the year that is OK? The way I read the rules, it says that I lose my residency if I am out of the country for more than 185 days, so that means I can be here for some of the year??

It would probably be like 20-30 days total in Jan/Feb as we have already bought a house back in the UK but we won’t complete until the end of Jan start of Feb….

Or, do I have to formally renounce to get out of the tax system?

We plan to keep our house in Spain and use it as a rental/holiday home

Any help appreciated..

marcliff · by **marcliff** » Wed Nov 24, 2021 1:10 pm

You will need to complete a tax return next year (2022) which covers 2021.
You can then "baja" your residency in the first 6 months of next year and not be liable to complete a tax return in 2023 for the year 2022.
Of course, as soon as you renounce your fiscal residency the 90/180 day rule will apply for 2022.

BritOverseas · by **BritOverseas** » Wed Nov 24, 2021 1:14 pm

marcliff wrote:You will need to complete a tax return next year (2022) which covers 2021.
You can then "baja" your residency in the first 6 months of next year and not be liable to complete a tax return in 2023 for the year 2022.
Of course, as soon as you renounce your fiscal residency the 90/180 day rule will apply for 2022.

Hi Marcliffe, I thought it might be you that answered, and thanks..

By 'Baja' I take it you mean I have to officially go and renounce?

Or can I just 'Not be Here' and they will take it back?

Jonnno · by **Jonnno** » Wed Nov 24, 2021 2:26 pm

Please see private message. Thanks.

Moving back to Blighty