Join Talk Quesada
Welcome to Talk Quesada! My name's Alex and this is my website all about Ciudad Quesada in Spain. Talk Quesada is free to sign up and use so register below!
State pension
State pension
by Spannygranny » Tue Apr 24, 2018 9:21 pm
we have friends who own a house here, but are non residemt. She is an ex teacher so her teachers pension is taxed at source in the UK, is there any advantage in her having her state pension sent directly to her Spanish bank then paying tax on it here in Spain, at the moment it is added to her UK teachers pension and she pays tax on the whole amount
- Spannygranny
- Posts: 485
- Joined: Mon Mar 13, 2017 9:10 pm
- Which part of Spain are you from?: Quesada
- Gender: Female
Re: State pension
by marcliff » Tue Apr 24, 2018 9:53 pm
If she's non resident how can she pay tax here? If she becomes resident then she will not have tax deducted at source in UK as it's not a government pension (teacher's pensions are a private scheme) but she will then get taxed on both here in Spain.
Only exceptional circumstances allow you to be tax resident in two countries and I don't believe that counts.
Only exceptional circumstances allow you to be tax resident in two countries and I don't believe that counts.
-
marcliff - Posts: 9695
- Joined: Sat Mar 03, 2012 4:41 pm
- Location: Doña Pepa 2
- Which part of Spain are you from?: Dona Pepa 2
- Gender: Male
Re: State pension
by donaduo » Tue Apr 24, 2018 10:39 pm
Is it possible to have residencia but not, fiscal residencia?
- donaduo
- Posts: 689
- Joined: Sun Sep 27, 2015 10:17 pm
- Which part of Spain are you from?: Quesada
Re: State pension
by Spannygranny » Wed Apr 25, 2018 6:15 am
I am tax resident in the UK and in Spain, my teachers pension is taxed in the UK, no other option, and my state pension is taxed in Spain, but I am fiscal reident here.
- Spannygranny
- Posts: 485
- Joined: Mon Mar 13, 2017 9:10 pm
- Which part of Spain are you from?: Quesada
- Gender: Female
Re: State pension
by Paulr » Thu Apr 26, 2018 12:09 pm
donaduo wrote:Is it possible to have residencia but not, fiscal residencia?
No, you become a fiscal resident in Spain by default once you have lived here for 183 days in any one tax year.
-
Paulr - Posts: 1122
- Joined: Fri Jan 13, 2017 11:52 am
- Which part of Spain are you from?: Formentera
- Gender: Male
Re: State pension
by Paulr » Thu Apr 26, 2018 12:17 pm
Spannygranny wrote:I am tax resident in the UK and in Spain, my teachers pension is taxed in the UK, no other option, and my state pension is taxed in Spain, but I am fiscal reident here.
I think we're in danger of debating semantics here. As you say, you're a fiscal resident in Spain, as am I. I have a military pension which has to be taxed in the UK, but I don't submit tax returns in the UK. I receive an annual statement of tax deducted at source on my military pension from HMRC and I pass this to the Spanish tax authorities, who take into account the tax I've paid in the UK when calculating my Spanish tax liability when I submit my tax return here.
-
Paulr - Posts: 1122
- Joined: Fri Jan 13, 2017 11:52 am
- Which part of Spain are you from?: Formentera
- Gender: Male
Re: State pension
by jpeg » Thu Apr 26, 2018 12:22 pm
Paulr wrote:donaduo wrote:Is it possible to have residencia but not, fiscal residencia?
No, you become a fiscal resident in Spain by default once you have lived here for 183 days in any one tax year.
That is not correct you only become a Fiscal Resident when you have completed and entered a Tax Return to the Tax Office otherwise you are just a Resident
- jpeg
- Posts: 9409
- Joined: Tue Jun 27, 2017 11:24 am
- Which part of Spain are you from?: Dolores
- Gender: Male
Re: State pension
by Paulr » Thu Apr 26, 2018 3:53 pm
jpeg wrote:Paulr wrote:donaduo wrote:Is it possible to have residencia but not, fiscal residencia?
No, you become a fiscal resident in Spain by default once you have lived here for 183 days in any one tax year.
That is not correct you only become a Fiscal Resident when you have completed and entered a Tax Return to the Tax Office otherwise you are just a Resident
I'm afraid you are not correct jpeg: see extract below from Blevins Franks' website, international tax advisors, and note the sentence I have highlighted in bold text:
"Before you can start your tax planning, you need to be aware of Spain’s domestic rules for tax residency. This also applies for those who have not necessarily moved here, but spend much time or have a home here. You may be liable for Spanish tax without realising it.
If you fulfil Spain’s resident rules, you are liable to Spanish income, capital gains and wealth taxes on your worldwide assets, as well as subject to Spanishsuccession tax (inheritance and gifts tax) rules. You are also liable for incidental tax liabilities such as IVA (VAT) and local taxes.
You are resident in Spain for tax purposes if any of the following apply:
1. You spend more than 183 days in Spain in one calendar year. This is whether or not you take out a formal residence permit. These days do not have to be consecutive. Temporary absences from Spain are ignored for the purpose of the 183-day rule unless it can be proved that you are habitually resident in another country for more than 183 days a calendar year,
2. Your “centre of economic interests” is in Spain, i.e. the base for your economic or professional activities is in Spain.
3. Your “centre of vital interests” is in Spain – i.e. your spouse lives here (and you are not legally separated), and/or your dependent minor children do. In this case you are presumed Spanish resident, unless proven otherwise, even though you may spend less than 183 days per year in Spain."
-
Paulr - Posts: 1122
- Joined: Fri Jan 13, 2017 11:52 am
- Which part of Spain are you from?: Formentera
- Gender: Male
Re: State pension
by jpeg » Thu Apr 26, 2018 4:21 pm
Of course that statement is correct but it does not make you a Fiscal Resident until you have filed a tax return that's what I said also unless you file the return you will not be eligible for the advantages if you sell your property ( Its what I do as an IFA )
http://www.abacoadvisers.com/spain-expl ... y-in-spain
http://www.abacoadvisers.com/spain-expl ... y-in-spain
- jpeg
- Posts: 9409
- Joined: Tue Jun 27, 2017 11:24 am
- Which part of Spain are you from?: Dolores
- Gender: Male
Re: State pension
by Paulr » Thu Apr 26, 2018 4:55 pm
Abaco are my tax advisers and explained to me the point of the 183 day rule. If you've lived here more than 183 days in any tax year and do not file a Spanish tax return for that tax year, you're potentially evading tax - punishment for which I think would be far more punitive than not being "eligible for the advantages if you sell your property". You make it sound like filing a Spanish tax return is optional - it isn't, if you meet any of the criteria in my previous post.
-
Paulr - Posts: 1122
- Joined: Fri Jan 13, 2017 11:52 am
- Which part of Spain are you from?: Formentera
- Gender: Male
Page 1 of 2 • 1, 2
11 posts
• Page 1 of 2 • 1, 2
Related topics
-
- Similar Topics
- Replies
- Views
- Last post
-
-
State pension
1, 2 by Benjy » Sun Aug 20, 2023 1:49 pm in Quesada general discussion - 19
- 928
-
by Mr, Angry
Wed Aug 23, 2023 10:14 am
-
State pension
-
-
state pension
1 ... 4, 5, 6 by dennisthemenace » Tue Jan 30, 2024 11:02 am in Quesada general discussion - 59
- 2381
-
by Ginner
Thu Feb 22, 2024 5:13 pm
-
state pension
-
-
Anybody tried a change of address for the UK state pension
by tel49 » Mon Dec 11, 2023 12:37 pm in Quesada general discussion - 7
- 456
-
by suzi wong
Thu Dec 14, 2023 10:11 pm
-
Anybody tried a change of address for the UK state pension
-
-
Retirees under UK state pension age - question
by blingle » Sat Mar 16, 2024 7:00 pm in Taxes in Spain: Suma, NIE and general tax advice - 3
- 304
-
by Darro
Sun Mar 17, 2024 8:09 am
-
Retirees under UK state pension age - question
-
-
UK Pension up
1, 2, 3 by Chrisdee » Wed Nov 22, 2023 3:12 pm in Quesada general discussion - 27
- 1114
-
by JCoop
Thu Nov 30, 2023 2:12 pm
-
UK Pension up
Return to Taxes in Spain: Suma, NIE and general tax advice
Who is online
Users browsing this forum: No registered users and 17 guests
Login
Find in Quesada
Quesada pages
Quesada discussion
- Quesada general discussion
- Banking and finances
- Broadband, Wifi, Phone and TV
- Buses and public transport in and around Quesada
- Driving to Spain / Car hire in Spain / Buying and owning a car in Spain
- Fiestas in Quesada
- Flights, baggage and airports
- Health services in Quesada
- Insurances and wills in Spain
- Items for sale and wanted in and around Quesada
- Interesting articles about Spain
- Jobs and careers in Quesada
- Lost and found in Quesada
- Market days
- Places to go for free Wi-Fi
- Recommended restaurants / cafes / bars
- Recommended Tradesmen and Companies
- Residency in Spain: padron, residencia and passport advice
- Safety / security information and property in Spain hints and tips
- Taxes in Spain: Suma, NIE and general tax advice
- Taxis in Quesada
- Things to do and places to go in and around Quesada
- Utilities in Spain: Electric, gas and water recommendations and advice
- Weather in Quesada
- Where to buy things in and around Quesada
- Where to hire things in and around Quesada
Properties discussion
Businesses and places in Quesada
- Bars and pubs in Quesada
- Beaches near Quesada
- Beauticians / Beauty salons in Quesada
- Bedding and soft furnishings shops in Quesada
- Butchers in Quesada
- Car dealers in Quesada: new and used car dealers
- Car garages, mechanics, tyre fitter centres in Quesada
- Car hire in Quesada
- DIY / Bricolage / Ferreteria stores in Quesada
- Equipment hire centers in Quesada
- Estate agents in Quesada
- Furniture shops in Quesada
- Garden centres and garden furniture shops in Quesada
- Golf Courses in Quesada
- Grills / gates / metal items shops in Quesada
- Hairdressers in Quesada
- Hotels, guest houses and bed and breakfasts in Quesada and nearby
- Internet service providers that cover Quesada
- Launderettes / dry cleaners in Quesada
- Markets in Quesada
- Medical / Health centers in Quesada
- Pet shops in Quesada
- Pharmacies / Chemist shops in Quesada
- Restaurants in Quesada
- Shopping centres in Quesada
- Sports centres and gyms in Quesada
- Supermarkets in Quesada
- Swimming pool services in Quesada
- Town Halls (Ayuntamientos) in Quesada
- Waterparks/Aquaparks in Quesada
- TalkQuesada » Board index
- The team • Delete all board cookies • All times are UTC [ DST ]
- Our other websites:
- Costa Blanca forum
- Costa Calida forum
- Costa del Sol forum
- Costa de Almeria forum
- Costa de la Luz forum
- Costa Dorada forum
- Costa Brava forum
- UK forum
- Jobs in the UK
- Our policies:
- Privacy policy
- User agreement
- Content policy
- Website created and operated by JSM Forum Websites