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How is residency tax calculated? - Page 2

Will60

Posted: Thu Jul 1, 2021 3:39pm

Will60

Helpful member

Posts: 317

315 helpful points

Joined: 10 Feb 2020

Posted: Thu Jul 1, 2021 3:39pm

Jeffcore wrote on Wed Jun 30, 2021 4:09pm:

As I understand it? You are only TAX resident if you spend mote than 183 days in Spain in the calendar tax year. It's not directly related to whether you have residency. Also there are allowances relating to changes in tax rules that may apply if you have owned your UK house for several years oth...

...erwise capital gains is based on the difference between buying and selling prices- very unfair. You need to speak to a tax expert.

True.

But if you leave Spain for >183 days in any year your TIE is invalidated.

So you can't have your cake and eat it.

If you want to be in Spain for >90 in 180, you must be Resident and (in due course) tax-Resident.

Once tax-Resident in Spain, you do not pay CGT on the sale of your primary British home in the UK - you pay in Spain.

If, however, you sell a business asset - such as a rental property - you pay CGT in the UK and again in Spain.

The Spanish tax is higher, and they deduct the payment already made in the UK. I have recently been through this process.

Jeffcore

Posted: Thu Jul 1, 2021 9:37pm

Posts: 103

35 helpful points

Location: Los Alcázares

Joined: 10 Jan 2018

Posted: Thu Jul 1, 2021 9:37pm

Will60 wrote on Thu Jul 1, 2021 3:39pm:

True.

But if you leave Spain for >183 days in any year your TIE is invalidated.

So you can't have your cake and eat it.

If you want to be in Spain for >90 in 180, you must be Resident and (in due course) tax-Resident.

Once tax-Resident in Spain, you do not pay CGT on the sale of your primary British home in the UK - you pay in Spain.

If, however, you sell a business asset - such as a rental property - you pay CGT in the UK and again in Spain.

The Spanish tax is higher, and they deduct the payment already made in the UK. I have recently been through this process.

I agree with everything you have said but there can be circumstances where you could be resident in a calendar year but be in the country for < 183 days. For instance, the first year you get residency, if you have some personal circumstances (ie. Major illness of a close relative). I can't believe your residency would be revoked.

Burnie

Posted: Fri Jul 2, 2021 5:43pm

Burnie

Original Poster

Posts: 58

11 helpful points

Joined: 28 Aug 2018

Posted: Fri Jul 2, 2021 5:43pm

Thank you all for your input. I have an appointment booked with our solicitor next week and we can go through this with a fine tooth comb! 

Mags44

Posted: Sat Jul 3, 2021 3:20pm

Mags44

Very helpful member

Posts: 928

796 helpful points

Joined: 1 Sep 2019

Posted: Sat Jul 3, 2021 3:20pm

Mary 21 wrote on Thu Jul 1, 2021 1:27am:

Make sure you get taxed as a couple. We were asked to pay  sum..and we said we wish to be taxed as a couple and it saved us 50% other initial quote. Good luck 

Any good gestor or another person who prepares the annual declaración de la renta on behalf of others, will automatically calculate whether a joint or separate declaration is best for that particular year. Sometimes it's better to do joint and sometimes it-s better to do a separate declaration. Never assume that doing a joint declaration will always be better for you!

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