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Residencia (Read 4019 times)
LaRapita
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Residencia
Feb 1st, 2015 at 8:57pm
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Can anyone out there let me know their thoughts about the advantages and/or disadvantages of having residencia in Spain.   And also what the laws are about having or not having residencia if you are here for more than 6 months at a time but not working (or claiming any welfare benefits either here or in the UK).
  
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Bunter
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Re: Residencia
Reply #1 - Feb 2nd, 2015 at 5:23am
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A Certificate of Residence for Foreigners is compulsory if you are any of the following:

- A pensioner retiring to Spain (who has never worked there)
- A person of independent means (i.e. not employed or self-employed)

You need it also to apply for electricity supply and other everyday services.

https://www.gov.uk/residency-requirements-in-spain

You live here 6 months of the year and are therefore a tax resident. If you are retired and have a Government pension which you can not move abroad and have no income in Spain you still have to complete your Spanish tax return...Which in law you are required to do. This comes under your Worldwide assets. You therefore would be making a nil return against the tax paid in the UK. If you are a normal pensioner with old aged and or company pension. In both cases I would seek the advice of a tax accountant and they will complete the forms for you the cost is about 50-60 euro.

Those who apply for the residence permit should be aware that this is considered to be evidence of intent to remain and will count against the individual if they try to claim that they are not liable for taxes.

Registering on the padrón.

Registering on the padrón is not only an official requirement, it also brings a number of benefits such as access to some aspects of social care (after a certain period of time), potential reductions in a number of charges and taxes, discounts on courses/activities organised by the Town Hall and also voting rights in local and European elections. The padrón certificate is also required for other things such as healthcare, education and obtaining Spanish number plates for your car.

Registering on the Padron at your Town Hall

The padrón is a list of people who live in a town. All residents in Spain are - officially - required to add themselves to the padrón (a process called ""empadronarse"" in Spanish) and this can be done by filling in a form at the padrón office of your local town hall.This allows your local town hall to collect the number of residents in the town and can then claim moneys from central government to help pay for the running of the town. To complete the process you will need to take the following with you:

- Official ID (e.g. passport)
- NIE certificate
- a recent utility bill in your name
- house deeds or copy of rental contract



You can only fly under the radar for so long  Cool





  
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Ritaratbag
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Re: Residencia
Reply #2 - Feb 2nd, 2015 at 9:15am
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It does and can happen, it seems all countries are tightening up.
They can check phones, flights, ferry crossings etc.
My cousin has been travelling from London to Belgium for a few years now. He has been staying with his girlfriend there, sometimes for a few weeks and sometimes for a few months at a time.
In early December he was told to return to London, and cannot go back to Belgium until March.
He now has to decide which country he wants to reside in, pay taxes to etc. in U.K. or in Belgium.   

  
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ebrorob
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Re: Residencia
Reply #3 - Feb 2nd, 2015 at 9:45am
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Hi Rita, Sounds a bit harsh on your Cousin,what has happen with the so called "Free movement" in Europe?  Sad
  
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Oenz
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Re: Residencia
Reply #4 - Feb 2nd, 2015 at 10:22am
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Can I register on the padrón if I live in the UK but visit and stay in my house 3 or 4 times a year? (It wouldn’t total 6 months though).

I would eventually like to buy a car rather than renting a vehicle each time. I’m not sure how to do this without the padrón other than bringing a vehicle from the UK. Also with the padrón it would be good to have access to additional local services etc as mentioned above.
  
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Bunter
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Re: Residencia
Reply #5 - Feb 2nd, 2015 at 1:48pm
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Quote:
Can I register on the padrón if I live in the UK but visit and stay in my house 3 or 4 times a year? (It wouldn’t total 6 months though).

I would eventually like to buy a car rather than renting a vehicle each time. I’m not sure how to do this without the padrón other than bringing a vehicle from the UK. Also with the padrón it would be good to have access to additional local services etc as mentioned above.


You should only sign on the with the Town hall (Padron) if your habitual residence is in Spain otherwise Mr Tax man will note your in the net and deal with you   Cry

With regards buying a car you should be OK without the padron by just producing your passport, NIE and a copy of your escaturia or rental agreement to the dealer.They do the change of ownership for you.  Wink

Here are a few bits of info I know it's darn sawf (Alicante) but it gives you an idea of what's required/Benefits.

http://www.ciudadanosextranjeros.es/old/padron_en.php

Here was a comment left by a Spanish resident living in the UK it does outline when and not to enrol on the Padron.

I am a spanish national living in the UK, I also own a property in Spain.
I believe that this article is a bit misleading when you say that everybody who owns a house in Spain, should register whether they live in Spain permanently or not.

If you register as 'empadronado' that means that your main residence is in Spain. This also means that you should also make your main tax return in Spain, and also means that you are not longer entitled to your 'non-resident' bank account where you can benefit from non paying tax in Spain if you have savings.
This is what I was advised by the Spanish consulate in London when I tried to register in my local Council in Spain when i wanted to empadronar there. I was advised not to do so unless I was resident or considered 'resident' in Spain (183 days a year).

I was advised that I could not have it both ways as the purpose of my 'empadronamiento' was to pay the discount rate of IBI.
  

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Oenz
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Re: Residencia
Reply #6 - Feb 2nd, 2015 at 7:52pm
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Thanks for the info. Probably best to wait until I decide to move over permanently (if such a thing exists). Grin
  
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Re: Residencia
Reply #7 - Feb 3rd, 2015 at 11:00am
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Best Of Luck.

  Oh and remember if you then reverse and return to the UK you have to unregister from both the tax system and your residencia as you will no longer be a tax resident. You just reverse the process by using the same offices/Paper work as when you registered. Also if you have signed the padron then inform the Town Hall. Same goes for the lecky and any other service contracts you may have, otherwise the bills will keep coming. Remember also that on your journey back to the UK you and your family will not be covered re medical mishaps as you have left the Spanish system and have yet to register back in the UK.Get private cover. These points are just to help those returning.
  
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