Residency Vs Tax Residency - Page 6

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Residency Vs Tax Residency - Page 6


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  #51 (permalink)  
Old 25th January 2020, 02:02 PM
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Listen you can argue away as much as you like but if you register as a resident then the spanish tax authority will expect you to make your declaration. If you dont they will contact you. You would then need to employ a lawyer to argue your case and if you weren't successful you would face fines. There is really no point in trying to convince forum members to agree with you. At the end of the day the Hacienda will decide and they, like most tax authorities, are pretty efficient. So your choice
Did you read my posts? I am trying to understand if, like Australia , there is any chance of a bilateral agreement to allow tourists (TOURISTS just in case you didn't understand me) to stay longer than 90 days in 180. I do not (DO NOT again for your benefit) want to do anything underhand, unlawful. i do not want to overstay my visa or live under the radar. live as a nomad, travelling for sufficient periods of time in non Schegen countries to reset the period of 180 days. I simply want, like many people in UK, to use my holiday home for longer than 90 days in any 180.

At the moment I can do so because of the agreement Aus has. I wanted to alert people that this sort of arrangement is worth lobbying for. When more and more UK owners of holiday homes who had in mind their retirement in years to come spending more time in blocks at their holiday home but not wanting to live in Spain full - time I am sure there will be a drive then to have this arrangement. Does anyone know if this is being contemplated?
Paul

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  #52 (permalink)  
Old 25th January 2020, 02:12 PM
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Paul

Look up / google `Spain Long term visas' that will / should answer your question.

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  #53 (permalink)  
Old 25th January 2020, 02:20 PM
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Sorry I thought you were proposing arguments to effectively interpret the laws to your tax advantage not spearheading an new tax agreement

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  #54 (permalink)  
Old 25th January 2020, 02:22 PM
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Paul

Look up / google `Spain Long term visas' that will / should answer your question.
I am aware of the terms of Spains long term visas. I don't want a long term visa. I want a extended tourist visa waiver. long term visas after Brexit for UK citizens will be the same for Australians viz., non - lucrative = 31000 Euros annual income required per couple. But, as i said , I will be one of many thousands of people stuck with a holiday home that doesn't want a long term visa

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Old 25th January 2020, 02:22 PM
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As has been pointed out. You can now come and stay in spain for 90 days. More and you become a resident that the authorities assume means you wish to make spain your home and therefore the place you pay tax

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Old 25th January 2020, 02:25 PM
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Sorry I thought you were proposing arguments to effectively interpret the laws to your tax advantage not spearheading an new tax agreement
it is not a tax agreement. it is a visa waiver agreement. this exists. since the 1950/60s Australia has had numerous visa waiver agreement with for example Germany - this allow 90 days schegen stay then provided one leaves Germany into a non schegen state one can immediately return to Germany and stay a further 90n days. Spain allow one to actually stay a further 90 days after the schegen visa period

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Old 25th January 2020, 02:32 PM
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As has been pointed out. You can now come and stay in spain for 90 days. More and you become a resident that the authorities assume means you wish to make spain your home and therefore the place you pay tax
no, this not correct if one is a tourist. Currently because of freedom of movement this may be an accurate statement . If one is a tourist one cannot become resident by overstating a visa. UK citizens visiting Spain or any other EU state post brexit will do so as tourists unless they have a long term visa or residence status. All non - EU citizens (including uK after brexit) will from 2021 have to apply for a visa waiver under the ETIAS system. this is introduced so as to have a similar system to that used by US and Canada. All flights and points of entry to EU will be recorded. As will returns.
Paul

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  #58 (permalink)  
Old 25th January 2020, 03:56 PM
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Again sorry but I am not sure what you are posting about? Are you simply saying that you think that post Brexit a new visa agreement should be negotiated similar to the one you outline vis a vis Australia ? Or did you want to know how the law determining residency relates to tax?

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Old 25th January 2020, 04:59 PM
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Quote:
Originally Posted by paulhe View Post
it is not a tax agreement. it is a visa waiver agreement. this exists. since the 1950/60s Australia has had numerous visa waiver agreement with for example Germany - this allow 90 days schegen stay then provided one leaves Germany into a non schegen state one can immediately return to Germany and stay a further 90n days. Spain allow one to actually stay a further 90 days after the schegen visa period
While Spain used to have a bilateral visa waiver agreement with Australia, I've read in an unofficial blog that this was rescinded in the 1970's.

You can do the longer stay (if you meet the country's specific conditions) in some Schengen countries, but not all:
https://www.smartraveller.gov.au/bef...ngen#bilateral

Even then, the different countries involved can have different conditions to each other.

With regard to Spain and Australia, both the Australian Smart Traveller website and the Spanish Embassy website in Australia do not include any information about the old bilateral visa waiver (rather than the current Schengen variety) and the Aus site does list all the countries that still have that agreement - and unfortunately Spain is not there.

I doubt very much whether such an agreement would be permitted in future either - more likely, those Schengen countries with it may gradually shut that option down sometime in future, just like Spain apparently has.
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Last edited by kaju; 25th January 2020 at 05:41 PM.
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  #60 (permalink)  
Old 26th January 2020, 12:26 AM
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Originally Posted by kaipa View Post
Listen you can argue away as much as you like but if you register as a resident then the spanish tax authority will expect you to make your declaration. If you dont they will contact you. You would then need to employ a lawyer to argue your case and if you weren't successful you would face fines. There is really no point in trying to convince forum members to agree with you. At the end of the day the Hacienda will decide and they, like most tax authorities, are pretty efficient. So your choice
If the actual law is 183 days. Then surely you wouldn't need to argue anything? You could just show them the passport information of exactly when you entered and left (as this is all recorded). If not a physical passport stamp then surely there should be some way you can access this officially?
The days of glancing at your passport and waving you on are long gone. Jaja.

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