Page 2 of 3

Re: Residency info

PostPosted: Thu Apr 27, 2017 7:11 pm
by chrisp58
We were thinking of coming over in January to rent for 5 months to have a look around, would we need to do anything ?

Re: Residency info

PostPosted: Thu Apr 27, 2017 7:36 pm
by DTR
If you spend more than half a year in Spain and less than a year in the UK in theory your residence is in Spain. Anything less than half the year then you needn't do anything!

Re: Residency info

PostPosted: Thu Apr 27, 2017 7:44 pm
by chrisp58
Thanks

Re: Residency info

PostPosted: Thu Apr 27, 2017 8:08 pm
by Stepladder
Looks like it's just another minefield where there's no known right answer, PeteKnight/DTR!!!

Re: Residency info

PostPosted: Thu Apr 27, 2017 8:37 pm
by PeteKnight
TonTri wrote:I had heard it was over 183 days or 6 months you need to apply for residency.


You heard wrong I'm afraid. For the past 10 years the requirement has been to register for residencia after 90 days.

Pete.

Re: Residency info

PostPosted: Thu Apr 27, 2017 9:37 pm
by Stepladder
That's certainly consistent with the Royal Decree in 07, and is as I thought after reading the gov.uk info.

Thanks Pete.

Re: Residency info

PostPosted: Thu Apr 27, 2017 10:11 pm
by PeteKnight
DTR wrote:If you spend more than half a year in Spain and less than a year in the UK in theory your residence is in Spain. Anything less than half the year then you needn't do anything!


That's incorrect I'm afraid.
To remain compliant with Spanish law you need to apply for residencia if you intend to stay for more than 90 days.
After 183 days you are considered resident for tax purposes and will need to submit a Spanish tax return.

Pete.

Re: Residency info

PostPosted: Thu Apr 27, 2017 10:15 pm
by TonTri
It is on this website in several of the threads at the bottom of this post:
As per replies from Jan & Marcliff: if you're staying in Spain for longer than 183 days in any calendar year then you are considered a resident and are liable for Spanish taxes (income, capital gains, inheritance etc)

Marcliff has covered some of the advantages of becoming a Spanish resident. However, If you visit spain for less than 90 days per trip and less than 183 days a year, it may be financially beneficial to remain a UK resident.
(1) Lower income tax in UK and higher personal tax allowance (currently £11,000)
(2) Lower inheritance tax
(3) No requirement to declare overseas assets
(4) Higher tax free savings & investments in the UK

Health cover : As a UK resident you would retain the use of the E111 card and this could be combined with annual travel insurance to give reasonably priced health cover while in Spain.

Re: Residency info

PostPosted: Thu Apr 27, 2017 10:20 pm
by TonTri
Just to clarify, for the OP who is coming for 5 months then obviously residencia applies, but in my case we come over for up to 2 months at a time, but 5 and 1/2 months total per year, we shouldnt need to apply?

Re: Residency info

PostPosted: Fri Apr 28, 2017 6:14 am
by PeteKnight
TonTri wrote:Just to clarify, for the OP who is coming for 5 months then obviously residencia applies, but in my case we come over for up to 2 months at a time, but 5 and 1/2 months total per year, we shouldnt need to apply?

That's correct. This is exactly the position we are in, we spend less than 6 months in total in Spain each year and each trip is less than 3 months in duration so residencia is not required.
Some things to look out for though,...
Is your UK house and contents insurance valid if you are away for more than 28 days?
If you have an annual travel insurance policy is it valid for more than 28 days per trip?
If you bring your car, is your European car insurance valid for the duration of your trip?
Is your Spanish property/contents insurance valid if you are away for extended periods?

Pete.