Spanish tax residency

[Stuart Burrell]

I am a UK national but Spanish resident - I have the Spanish residencia certificate. However, I have a problem with UK inland revenue at the moment. On 10th October last year I filled in the FD9 form and sent it off to the local Delegacion de Hacienda in Marbella. I sent copies to my accountant in the UK and to my local Inland Revenue office in Leicester. My accountant sent a copy to the residency office in Nottingham. My details on the HMR&C database were changed based on the FD9 form. I completed my last UK tax return, sent it in with a claim for tax paid 2007/8 but the Residency office in Nottingham say they haven't got the stamped FD9 form so until they get that I am still considered UK resident. They say a stamped copy of the Residencia certficate will suffice. Before I go chasing the local Hacienda office is there a procedure to follow here ? I live in Casares 29690 Malaga province.

[MichelleAlison]

Hi Stuart and welcome to the forum. Unfortunately can't help you with your questions.

Michelle

[Stravinsky]

Originally Posted by Stuart Burrell

I am a UK national but Spanish resident - I have the Spanish residencia certificate. However, I have a problem with UK inland revenue at the moment. On 10th October last year I filled in the FD9 form and sent it off to the local Delegacion de Hacienda in Marbella. I sent copies to my accountant in the UK and to my local Inland Revenue office in Leicester. My accountant sent a copy to the residency office in Nottingham. My details on the HMR&C database were changed based on the FD9 form. I completed my last UK tax return, sent it in with a claim for tax paid 2007/8 but the Residency office in Nottingham say they haven't got the stamped FD9 form so until they get that I am still considered UK resident. They say a stamped copy of the Residencia certficate will suffice. Before I go chasing the local Hacienda office is there a procedure to follow here ? I live in Casares 29690 Malaga province.

If they are just asking for a stamped residency certificate then I think you will find they will issue one free, certainly they did when I wanted a duplicate NIE number, so you should be able to get one of those from your Police office shouldn't you?

[B Mused]

I hope this helps

Guidance note 2 for form Spain/Individual (FD9)

It is a condition of relief from UK income tax under the terms of United Kingdom/Spain Double Taxation Convention that the beneficial owner of the income is resident in Spain. Please send the completed form Spain/Individual (FD9) to the Delegación de Hacienda del domicilio fiscal. The Delegación de Hacienda del domicilio fiscal will certify on the form that you are resident in Spain for the purposes of Spanish tax and will return the English copy of the form to you.
Send the certified form to Inland Revenue - Centre for Non-Residents, Fitz Roy House, PO Box 46, Nottingham, England NG21BD

[Stuart Burrell]

Thank you for your advice. I have since written to the local Delegacion de Hacienda and explained the situation to them. I have not had a response as yet. I have also written to HMRC Expat office in Nottingham with copies of my residence certificate but I have not yet had a response from them. Obviously there is no other procedure to follow other than chasing both tax offices until you achieve your objective. Painful insn't it ?

[B Mused]

While you are waiting, you could try applying again for the blank forms FD9 (should be a set in Spanish and one in English. Complete them, take them along to the Hacienda in Marbella with your residencia proof and ask them if they will certify the English set while you wait. If that is successful, send the certified English form to:
Centre for Non-Residents,
Fitz Roy House,
PO Box 46,
Nottingham,
NG2 1BD
England.

This may seem unnecessary but you may wait for ever if you do nothing.
Do you want me to email you the FD9 guidance notes?

[Stuart Burrell]

I have to say that the only way to get things done reasonable quickly in Spain is to see the people face to face. Creating a record by writing is a habit I was in when I was in the UK and it always helped when dealing with the likes of the HMRC.

Thanks again for all your help it is appreciated. I will make my way to Marbella very soon. I'll let you know how I got on.

Frustrated of Casares !