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Paying Tax on Property while resident in Spain

Paying Tax on Property while resident in Spain

Postby EdOD » Sat May 29, 2021 8:14 am

I'm about to submit my 2020 tax return here. Part of it deals with rental income from property in UK. My accountant here tells me that in order to take advantage of the Double Taxation Treaty, the tax authorities here need proof of the amount of UK tax paid - specifically on this rental income. This seems fair enough, but I see two problems:

1. My Self Assessment statements for FY19/20 from HMRC aren't specific about what tax is due on what income - ie. no granularity.
My submission for FY20/21 has only just gone in and it'll probably be months before HMRC process it and get back to me.

Has anybody actually taken advantage of this Double Taxation Treaty, and if so, how did you show proof of the amount of 'Offset' you claimed.

TIA,

Ed
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Re: Paying Tax on Property while resident in Spain

Postby Terry the gardener » Sat May 29, 2021 8:55 am

I have been renting a property out long term let for 6 years...
I fill a self assessment tax form for UK tax and state that I pay my taxes in spain..I pay no tax in the UK ...On my Spanish tax form I declare the income minus agents fees ect ..
You get 60% off the declared rental if it is a long term let .....only needed proof of rental agreement and uk bank statement showing the income ..
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Re: Paying Tax on Property while resident in Spain

Postby Phoenix » Sat May 29, 2021 3:35 pm

I'm the same, have been renting for 17 years & pay my taxes in Spain.when first started our agent in UK did all the paperwork so that we don't pay UK tax
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Re: Paying Tax on Property while resident in Spain

Postby KarenCouzens » Sat May 29, 2021 4:17 pm

We are the same, rent our house in UK long term. Receive total rent less agents fees. It is declared on UK tax form but not taxed.
Also declared on Spanish tax form & taxed in Spain
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Re: Paying Tax on Property while resident in Spain

Postby Locrispin » Sat May 29, 2021 4:58 pm

Hi. My agents in UK told me as I now live in Spain i had to do an HR1 tax form. With HMRC so hoping Spanish know I pay my tax to UK.
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Re: Paying Tax on Property while resident in Spain

Postby Terry the gardener » Sat May 29, 2021 5:28 pm

Locrispin wrote:Hi. My agents in UK told me as I now live in Spain i had to do an HR1 tax form. With HMRC so hoping Spanish know I pay my tax to UK.
..
If you are a resident than you should be paying rental income in spain .not the UK.no tax to pay in UK..
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Re: Paying Tax on Property while resident in Spain

Postby EdOD » Sun May 30, 2021 12:02 pm

I'm guessing that replies so far are from people who have got Tax Relief at Source for their State Pensions, and whose rental income/profits don't exceed their UK Personal Allowance. I can see how that would leave them only paying tax in Spain.

I've also got relief at source on my State Pension, but other income uses up my Personal Allowance, leaving my rental profits liable to some UK Tax in the first instance. So my question stands. Has anyone actually been successful in using this Double Taxation Treaty?

Ed
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Re: Paying Tax on Property while resident in Spain

Postby MichaelC » Sun May 30, 2021 12:31 pm

You complete a FD9 form which your Spanish accountant will have or you can get one from HMRC.
This form is submitted to HMRC together with your fiscal taxation certificate issued by the tax authority in Spain. Again your accountant here will do that for you.
HMRC then adjust your taxable UK income in the UK, for just anything liable in the UK, such as a civil service pension. This goes against your UK tax allowance and draws tax in the UK should you still exceed the tax free threshold.
Everything is declared in Spain but you only get taxed on what you are liable for here, which includes your rental income from the UK. The taxed at source income is not included here, but everything else is taxable in Spain.
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