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Originally Posted by aliciaw
I am now even more confused. The UK tax office in clear in all of their literature that as i am earning in the UK, i pay tax there and i have also been advised directly by them. I wonder if I have missed something - is there a rule that changes after the fisrt two years?
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Apparently the UK has recently amended their residence rules. This is what I find on the HMRC website:
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What are the residence rules?
A person who is currently not resident in the UK will always be treated as resident in the UK if they spend 183 days or more in the UK in a tax year. If they visit the UK on a regular basis, and spend, on average, 91 days or more in the UK in a tax year (taken over a period of four years) they will be treated as resident in the UK.
If they know that they are going to visit regularly and that the time spent in the UK in that and the next three tax years will average 91 days or more in the UK, they will be resident from the beginning of the tax year in which they make the first visit.
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It might not be a bad idea to talk to a Spanish tax consultant to see if/how Spain recognizes your residency in the UK. It may be covered in the tax treaties, but it probably wouldn't hurt to make sure the Spanish tax authority is aware of your status. You probably ought to be paying Spanish social security (if only to have medical coverage while you're in Spain), but it may be possible to stay in the UK retirement system.
In any event, you need to find out the Spanish take on this recent change in the UK rules.
Cheers,
Bev