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How long for residency application?
How long for residency application?
by TonTri » Mon Mar 02, 2020 9:12 am
I'm planning on coming over early September to apply for residency, can anyone let me know how long I will need to stay for. Only so I know when to book the flights from/to, i.e. one week, two weeks or longer? I am back again at the end of October until Christmas.
TIA
TIA
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TonTri - Posts: 2631
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Re: How long for residency application?
by Wabryce » Mon Mar 02, 2020 9:16 am
Not sure on timescales, but make sure your up to speed with tax laws in Spain, re properties etc.
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Re: How long for residency application?
by TonTri » Mon Mar 02, 2020 9:19 am
Thanks Wabryce, yes I've already had the lowdown on tax laws re properties.
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TonTri - Posts: 2631
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Re: How long for residency application?
by Shiva » Mon Mar 02, 2020 9:30 am
I think it depends on how much prep you've done and getting your dolls and paperwork in a row. You'll need to be physically here to: a) register on Padron in Rojales townhall( you need up to date patron cert) b) arrange and pick up bank certificates/ evidence of your resources or income c) collect your S1 from your post box ( UK NHS team won't send this more than a few weeks in advance of the date you say you are "moving" to Spain and only send to a Spanish address.) D) Make copies of everything d)Go to the residencia appointment with all your documents. The appointment itself and issue of your wee green card ( assuming it's still the wee green card then) is quick and all then happens on one day. So you could get it all done within a couple of days if you are very organised and have it set up beforehand. Trying to do anything quickly on and in-and-out basis though means you really should use a gestor to get your residencia appointment booked etc. ( I recommend SGM abogados for getting everything done. Not as cheap as some but reliable and always promptly answer emails etc , essential if you are trying to manage from a distance...,). If you have everything set up ( and bear in mind any Spanish holidays /red days so you aren't caught out by things being closed,) you should be able to comfortably fit it all in within a week. The biggest effort is the preparation beforehand...
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Re: How long for residency application?
by TonTri » Mon Mar 02, 2020 9:38 am
Thanks Shiva, that's most helpful. I think I'll book a couple of weeks. I'm here in June from the 8th until the 25th so could set the wheels in motion then. I won't be eligible for the S1 I'm afraid as I don't reach 66 until a couple of years time so I will need private health insurance which I can also do in June. I don't want to apply for residency though until September as I am selling my house in the UK in the early summer and I don't want to pay CGT in Spain on it.
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TonTri - Posts: 2631
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Re: How long for residency application?
by Dot » Mon Mar 02, 2020 7:33 pm
Does a house have to be a certain amount for CGT if so how much and if you sell in the uk why would you pay it in Spain? any info would be helpful.
Thanks
Thanks
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Re: How long for residency application?
by TonTri » Mon Mar 02, 2020 7:44 pm
This post explains a lot of the process quesada-general-discussion-f9/capital-gains-tax-and-s1-questions-t43779.html
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TonTri - Posts: 2631
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Re: How long for residency application?
by marcliff » Mon Mar 02, 2020 7:53 pm
Dot wrote:Does a house have to be a certain amount for CGT if so how much and if you sell in the uk why would you pay it in Spain? any info would be helpful.
Thanks
If you are a resident in Spain then you are taxed on your worldwide income. CGT is payable on second homes and, if you are resident in Spain, then your primary home is Spain and your second home is elsewhere (in this case, UK).
This is exactly the same if you are a resident in UK and sell a house in Spain. You are taxed in UK on your second home in Spain.
In the UK, CGT is payable if the gain is over £11,700 but there is no tax free allowance in Spain so you are charged CGT on any gain you have made.
If you are non-resident in Spain then you don't pay CGT on the sale of your UK property.
For capital gains tax purposes, second homes include buy-to-let properties, holiday homes, land and inherited properties.
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Re: How long for residency application?
by Dot » Mon Mar 02, 2020 7:56 pm
So, if we sell in the uk before we become resident in spain (even though we have a home there) we won't pay CGT...sorry if I sound thick but just trying to find answers.
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Re: How long for residency application?
by TonTri » Mon Mar 02, 2020 8:03 pm
As long as you don't sell the UK property and become fiscally resident in the same year. You don't become fiscally resident until after you've been in Spain for 183 days. Hence why I'm selling my house in early this summer but not applying for residency until the end of the year so that by the time I've been in Spain 183 days it will be 2021 and the next Spanish tax year so no CGT on my UK property.
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