Residency Certificates for EU residents

[Stravinsky]

To the last posters:

If you are resident in Spain then you need a residencia certificate. Yes, if you are paying into the system you will be covered for health, but the residencia is not to do with health.
It doesn't matter if you are an EU citizen ..... you still need one expatspain

Expatspain

You wont have to pay CGT if you sell and are of official pensionable age, or if you reinvest in another house.

Theoretically in your position your buyer will have to withold the tax from your payment. I'm not sure that being a resident will make any difference to you now as the tax is the same for residents and non residents now (18% I think but check that) .... its more to do with your age

[expat spain]

Thanks for your replies but still need more answers please.We are both 55 and you said we should not pay C.G.T. if we buy another house do you mean in Spain or uk.As this is our only home we own would we still have to pay tax when we sell here to buy again in uk.It is because i have had a stroke since coming here that we are returning to uk when we have sold.Still thinking about residency but dont know how it would affect us going back into uk N.H.S. system or will it mean we have to start filling tax forms in here although we do not earn anything here

[Stravinsky]

Originally Posted by expat spain

Thanks for your replies but still need more answers please.We are both 55 and you said we should not pay C.G.T. if we buy another house do you mean in Spain or uk.As this is our only home we own would we still have to pay tax when we sell here to buy again in uk.It is because i have had a stroke since coming here that we are returning to uk when we have sold.Still thinking about residency but dont know how it would affect us going back into uk N.H.S. system or will it mean we have to start filling tax forms in here although we do not earn anything here

I did not say you wont pay CGT tax
Firstly are you a resident or non resident
If you are not of retirement age and are not registered as a resident then you will have money witheld from your seller by the tax man.

Thps is 3% and is a deduction to cover any capital gains tax on the sale. They deduct it in case you just do a runner.

If you can show that the tax you owe (18% of the gain) is less than the 3% you can get the difference back. If not, they keep the money.

Afaik you have to have been a resident for 3 years to escape this. Its another reason why people should register as residents within 60 days as per Spanish law now

Residency and the NHS have nothing to do with each other - you will need to prove without doubt that you have permanently returned to the UK before you get NHS cover, as you are no longer entitled to it at the moment. There have been cases of people having to wait 6 months before the UK Government will allow you back into the system.

[mrypg9]

I've obviously posted on the wrong thread but I would like to know about car insurance and tax on offshore accounts
So I'll look around.....

[markjd]

its completely unclear if you need residence permit. Do you need one or don't you??? there are lots of opinions some say yes and some say no, also confusing when you have a thread that starts off talking about forms then goes of on a tangent talking about tax

I got a form for NIE of another site and was told this is ok to use for NIE application and the local police wouldn't acccept this, i had to fill out there own form and go back again to the police station. The good thing is that although they only gave out so many tickets i waited an extra hour when others left and got a ticket, so it is possible to get a ticket once the people who didn't get one go home

[Stravinsky]

Originally Posted by markjd

its completely unclear if you need residence permit. Do you need one or don't you??? there are lots of opinions some say yes and some say no, also confusing when you have a thread that starts off talking about forms then goes of on a tangent talking about tax

I got a form for NIE of another site and was told this is ok to use for NIE application and the local police wouldn't acccept this, i had to fill out there own form and go back again to the police station. The good thing is that although they only gave out so many tickets i waited an extra hour when others left and got a ticket, so it is possible to get a ticket once the people who didn't get one go home

Its not unclear
Its only unclear if you listen to these huge numbers of expats out there that think they know everything and still drive around in UK reg cars after 10 years

You need a residence certificate to be legal here

The download here afaik is the up to date one.
I've been told you get a combined NIE & residencia certificate nowadays

[Burriana Babs]

Originally Posted by Stravinsky

Its not unclear
Its only unclear if you listen to these huge numbers of expats out there that think they know everything and still drive around in UK reg cars after 10 years

You need a residence certificate to be legal here

The download here afaik is the up to date one.
I've been told you get a combined NIE & residencia certificate nowadays

Correct you do need to file for residency. I have been going through the process and they do issue NIE and residency certificate both. Unless you already have your NIE which my husband did have. If you are a EU member then the process is very simple if not then it is a bit more complicated, but still goes smoothly.

I get so confused as to why if someone is going to live here they are against filing for residency. What is the big deal. Unless they are into something off colour.

[Eva33]

Originally Posted by Burriana Babs

Correct you do need to file for residency. I have been going through the process and they do issue NIE and residency certificate both. Unless you already have your NIE which my husband did have. If you are a EU member then the process is very simple if not then it is a bit more complicated, but still goes smoothly.

I get so confused as to why if someone is going to live here they are against filing for residency. What is the big deal. Unless they are into something off colour.

I did not follow all the posts, so I apologize if I am besides your point. It is not true that everyone does need a residency in Spain. For Some EU countries and a few other countries which are considered as communitarian (such as Switzerland) , only the "certificado de Registro de Cuidadano de la Union is necessary. This can be obtained at the local national police. It is better to have this and a NIE # if you want to be able to have a "normal" life in Spain. The correct information can be found at Ministerio de Asuntos Exteriores y de Cooperación | Gobierno de España

I agree with the statement that the rules are completely confusing! They are so confusing that even most of the Spanish civil servant do not know them really and will often give you some erroneous infos.

[markjd]

i got a form which has my NIE number on today but the certificate says "I have been registered on the register (el registro central de Extranjeros) and it also says (como residente comunitario en espana) does this mean this is a residence certificate plus my NIE??

[Eva33]

Originally Posted by markjd

i got a form which has my NIE number on today but the certificate says "I have been registered on the register (el registro central de Extranjeros) and it also says (como residente comunitario en espana) does this mean this is a residence certificate plus my NIE??

I do not think so! The "certificado de Registro de Cuidadano de la Union" is a separate document. It is of blue color and has the above written title. But really, since not even the civil servants know, I can not give a 100% guaranty answer. A Spanish lawyer told me: "The law and regulation really depends on the civil servant which is attending you...