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Your problem is that you shouldnt have registered for a TIE. I cant see why you would do that and then carry on paying non-resident taxes. It will look like you are hiding things. You are telling the tax man you dont live in spain and dont have spain as your central place of resident but then you are telling immigration you are a resident. You cant have it both ways and I imagine they will expect you to declare all your worldwide income for the year you received your TIEs. The fact that you have a property and register as non resident means that you could face investigation in the future. If you had no property in spain you might escape them.
I'm assuming that the O/P registered his residency prior to the end of 2020 when it was a legal requirement to register your residency if staying longer than 90 days. From July 2020 the only residency document available to UK residents staying longer than 90 days was the new TIE. So, although resident, the O/P hasn't yet fulfilled the requirement to become tax resident. I'm also assuming that the O/P's family are not resident and that his economic activity is mainly in the UK.
 

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Correct trotter58 - registered in August when it was clear we were going to be staying in Spain for more than three months. My job and main house are in the UK. So far this calendar year we have been roughly 50/50 between Spain and the UK (100 days total I think), and at the end of the month we are moving back to being more UK-based and popping out for the odd visit, pandemic permitting. No other family except my other half who has been here too and has dome the same thing - we are and will be well under the 183 for this year and were well under for last.
 

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Yes I was thinking about doing exactly that - signing off the padron should be relatively quick and is also easily reversible if circumstances change. We do the non-resident imputed income tax thing dilligently every year - I guess if one had a TIE/padron and was not submitting any sort of tax return it would look pretty fishy from the hacienda's standpoint.
When I queried if having a TIE and not paying tax in Spain would be of interest to the Hacienda was informed by many, some who I have since discovered dont actually reside in Spain, that my post was ridiculous and made little sense.
Now it is clear by the number of Brit expats undergoing tax investigation, that checks are and will be made.
 

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Correct trotter58 - registered in August when it was clear we were going to be staying in Spain for more than three months. My job and main house are in the UK. So far this calendar year we have been roughly 50/50 between Spain and the UK (100 days total I think), and at the end of the month we are moving back to being more UK-based and popping out for the odd visit, pandemic permitting. No other family except my other half who has been here too and has dome the same thing - we are and will be well under the 183 for this year and were well under for last.
I hope you are right as clearly it would justify my position with the tax man, however I dont think you can say your principal home is uk as you have cleary stated you are a spanish resident.
 

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We were told we pay non resident tax for 2020 as i didn't become tax resident until October and you need to be six months in Spain to be paying tax for that year, which we weren't. We've been on the padron so we have to get a Certificate of Resixence from HMRC to prove UK tax residency since buying our Spanish house in 2017.
 

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Signing on a padron is a legal declaration that you habitually live in Spain, that and obtaining a TIE are pretty much a slam dunk.

In no particular order factors determining tax residency include:

Where is your principal residence
Where do you have a professional activity
Where is your centre of economic or “vital” interest
Place of your habitual abode
Joining a health system.


All or any of the above can be weighed in reaching a decision about an individuals place of tax residency.

To be in a “vague residency position”, you would need to have a property in the UK and Spain where the utility bills are in your name and have equal vital interests in each, spend exactly the same amount of time in each country and be a national of both. If you are working you would need to be exercising your profession equally between the two countries. This is why very few people fall into the “vague” category and why and in certain circumstances it's possible to be deemed tax resident in Spain without ever having set foot in the country!
 

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I was told i needed the Padron to marticulate my car over as many peeople have been told and done. With the joint tax agreement between Spain and the UK you only pay tax one of either country, which i have been doing with my pension and some P/T work i did, thst is why we have been advised to get the Certificate of Residence from HMRC.
 

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We were told we pay non resident tax for 2020 as i didn't become tax resident until October and you need to be six months in Spain to be paying tax for that year, which we weren't. We've been on the padron so we have to get a Certificate of Resixence from HMRC to prove UK tax residency since buying our Spanish house in 2017.


Same advise I was given by tax firm so not worried as that is their job whereas not sure people here on forum are professional bilingual tax advisors!![/QUOTE]
 

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Same advise I was given by tax firm so not worried as that is their job whereas not sure people here on forum are professional bilingual tax advisors!!
[/QUOTE]

Yes, you always get the doomsdayer's no matter what. It's almost like some people revel in it.
 

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I was told i needed the Padron to marticulate my car over as many peeople have been told and done. With the joint tax agreement between Spain and the UK you only pay tax one of either country, which i have been doing with my pension and some P/T work i did, thst is why we have been advised to get the Certificate of Residence from HMRC.
That is the complete opposite to what we were told by our lawyer in Huercal Overa, who left instructions NOT to sign on the padron until we had at least started the matriculation otherwise we would incur import duty.
How can any non Spanish lay person offer advice when Spanish lawyers advise us all so differenty
 

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That is the complete opposite to what we were told by our lawyer in Huercal Overa, who left instructions NOT to sign on the padron until we had at least started the matriculation otherwise we would incur import duty.
How can any non Spanish lay person offer advice when Spanish lawyers advise us all so differenty
Yes when you come over you tend to go on recommendations, you see on forums , FB etc We used our lawyer for most things but went with the gestor for the car, as local and we met with him and the official for to do what had to be done. We tried our lawyer for the tax but she gave us a recommendation for a tax advisor, whose advice we sre following and seems to be very good. But there you go, it's all trial and error until you establish your connections which we are now doing, including trades people.

I might add, the tax advisor was one of our first appointments on our permanent move last month, trying to keep everything above board as best we can, the way it should be.
 

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Yes when you come over you tend to go on recommendations, you see on forums , FB etc We used our lawyer for most things but went with the gestor for the car, as local and we met with him and the official for to do what had to be done. We tried our lawyer for the tax but she gave us a recommendation for a tax advisor, whose advice we sre following and seems to be very good. But there you go, it's all trial and error until you establish your connections which we are now doing, including trades people.

I might add, the tax advisor was one of our first appointments on our permanent move last month, trying to keep everything above board as best we can, the way it should be.
What you have done is perfectly right. The fact that people try to suggest that you have been given wrong advice and that you are either naive or deliberately trying to circumvent the law is just people trying to worry you. Many claim to be experts on Spain without having even learnt the language the laws are written in and that seems strange.
 

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I was told i needed the Padron to marticulate my car over as many peeople have been told and done. With the joint tax agreement between Spain and the UK you only pay tax one of either country, which i have been doing with my pension and some P/T work i did, thst is why we have been advised to get the Certificate of Residence from HMRC.
I think you have your wires crossed.

Non residents are perfectly able to buy and register cars without a Padron which, to stress the point once again, legally is only available to genuine residents. Proof of address is what's required and that can be evidenced by say house deeds or utility bills. Officials, and yes lawyers, misunderstanding or misapplying rules does not make them right, we have two opposing lawyers 'opinions' in this thread already!

The Dual Tax Treaty does not mean that you can choose where to be taxed and if you are Spanish resident then HMRC cannot and will not give you a Certificate of Residence for the very simple and obvlous reason that you are not resident there!

As a Spanish resident your must declare your GROSS worldwide income and be taxed on that accordingly, if you've paid recoverable tax in UK then you need a Certificate of Residence from Spain which means completing the Spain Individual form, having it stamped by the Hacienda, then submitting it to HMRC who in due course will issue a refund.
 

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I think you have your wires crossed.

Non residents are perfectly able to buy and register cars without a Padron which, to stress the point once again, legally is only available to genuine residents. Proof of address is what's required and that can be evidenced by say house deeds or utility bills. Officials, and yes lawyers, misunderstanding or misapplying rules does not make them right, we have two opposing lawyers 'opinions' in this thread already!

The Dual Tax Treaty does not mean that you can choose where to be taxed and if you are Spanish resident then HMRC cannot and will not give you a Certificate of Residence for the very simple and obvlous reason that you are not resident there!

As a Spanish resident your must declare your GROSS worldwide income and be taxed on that accordingly, if you've paid recoverable tax in UK then you need a Certificate of Res
Thanks for that
 

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I think you have your wires crossed.

Non residents are perfectly able to buy and register cars without a Padron which, to stress the point once again, legally is only available to genuine residents. Proof of address is what's required and that can be evidenced by say house deeds or utility bills. Officials, and yes lawyers, misunderstanding or misapplying rules does not make them right, we have two opposing lawyers 'opinions' in this thread already!

The Dual Tax Treaty does not mean that you can choose where to be taxed and if you are Spanish resident then HMRC cannot and will not give you a Certificate of Residence for the very simple and obvlous reason that you are not resident there!

As a Spanish resident your must declare your GROSS worldwide income and be taxed on that accordingly, if you've paid recoverable tax in UK then you need a Certificate of Residence from Spain which means completing the Spain Individual form, having it stamped by the Hacienda, then submitting it to HMRC who in due course will issue a refund.
Everything you have written is exactly how things were done from the time we first started to become residents in 2006 .
 
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