Legal & Fiscal Advice

Maggie said:
Monday, June 18, 2012 @ 7:58 PM

Have been paying tax in UK for eight years as we were told we by HRMC that the UK was our "centre of vital interests" as we have a property in the UK which we rent out and our family are there. I am increasingly uneasy about this as we live in Spain permanently, however if we file a tax return in Spain will the Hacienda then go back over the years and want a large sum from us in back tax?

Lexland Abogados said:
Tuesday, June 19, 2012 @ 12:05 PM

Hi Maggie, thanks for your comment!

You are indeed right that they are cracking down on taxes in Spain and have been demanding back payments from people. However it is always much worse if the tax agency has to find you to ask for such taxes as this is then considered tax evasion, and holds heavy penalties alongside the repayment itself. Currently in an effort to reduce tax evasion there is an option for voluntary regularlisation, which involved a much smaller one-off fee.

I've forwarded your comment on to our tax department who hopefully will be able to get back to you ASAP with an answer more specific to your situation - as not everyone needs to submit a tax draft.

Don't hesitate to ring our offices at +34952778899 if you want to speak with us directly.

Thankyou - The Lexland Team

Lexland Abogados said:
Tuesday, June 19, 2012 @ 4:50 PM

Hi again Maggie, please let me pass you on the answer from our tax department:

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In general terms an individual will always be treated as resident in the UK for a tax year if caught under either of the following tests:

A) The six month rule, ie, the individual is present in the UK for 183 days or more during the tax year.

B) The three month average rule, where the individual is present in the UK for an average of 91 days or more per annum measured over a period of four tax years

You mentioned that you were resident in Spain, but a taxpayer in the UK - however, in accordance with the rules of both countries, you could be eligible in both. It is in these types of cases when the Double Tax Treaty is applicable to resolve the controvesy and determine in which country you should be liable to pay tax in. These rules can be simplified as follows:

A) If the client is resident in both countries according to each country's domestic rules, they will be deemed to be resident in the country in which their personal and economic relation are the closest.

B) If the client has permanent homes available in both countries, they will be deemed to be resident in the country that is their centre of vital interests.

C) Finally there is the criteria of habitual abode, and ultimately in lack of this the criteria of nationality.

From the information you originally gave us, we understand that you would qualify as a tax resident in Spain as you are living in Spain for more than 183 days a year. It is for this reason that our recomendation is to file your tax return in Spain where you would declare your global income. Of course you would be able to use the rules of double taxation to avoid paying taxes in the UK and Spain.
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Our international tax department at Lexland is specialized in the study of these type of cases and can help to make the communication between different countries' tax agencies more fluid. It is strongly recommended that you file your taxes in accordance with your current situation - which from the information you gave sounds like you are liable to pay taxes in Spain - as if you do not file in accordance with the set rules, this can be considered tax fraud or evasion.

If such is the case, it is especially important that you act in an efficient manner as to avoid any penalisations from the tax agency!

I hope that you found the above information useful, however please remember that this answer is based only on the small information you provided. We would be happy to help you with the efforts required to reassess your tax situation if you were to send us a few more specifics. If you require any more help, please do not hesitate to get in touch!

Best Wishes - The Lexland Team

rita said:
Saturday, June 23, 2012 @ 11:29 AM

We have been residently tax payers for 5 years,but the tax we pay seems to be very high,we are both pensioners our income is approx 24,500euros,our tax bill this year is 3,240euros.Can any one tell me does that seem about right?Many thanks

Anthony Ferreira said:
Saturday, June 23, 2012 @ 3:19 PM

I recently retired and seriously thinking of settling in Spain. As an American not familiar with tax laws in Spain, will I be subject to paying my taxes to Spain or do I just continue paying my taxes to the U.S.?

Lexland Abogados said:
Monday, June 25, 2012 @ 10:46 AM

Hi Rita,

Thanks for commenting. I'm afraid it would be very difficult to confirm whether you are overpaying or under paying without seeing your documentation. The tax that you are to pay is calculated based on a variety of personal and professional factors, and as such there is never a "standard" amount that you should expect to pay.

You may well be overpaying, and this is something you could easily solve using the tax draft process. If you would like us to look into this further, contact us by comunicaciones@lexland.es using "Eye on Spain" as the email subject so we know where to follow up from.

I'm sorry we can't be of more help on here, hope to hear from you!

The Lexland Team

Lexland Abogados said:
Tuesday, June 26, 2012 @ 10:25 AM

Hi Anthony,

Whether you will continue to pay your taxes in America or move all your taxes here will depend a lot on your personal circumstances (such as asset location) and your residential status. As I mentioned to Rita above, it is impossible to confirm this fact for you without seeing your documentation, and as such I recommend that you contact us directly.

I can however remind you that even as a non-resident, you will have taxes to pay in Spain! The Double Taxation Act prevents you from paying the same taxes twice, however it is important that this is applied correctly to ensure that neither country sees you as "abandoning" your tax obligations!

If you would like us to look into this further, contact us by comunicaciones@lexland.es using "Eye on Spain" as the email subject.

Best Wishes,
The Lexland Team

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coleman said:
Friday, November 15, 2013 @ 5:29 PM

Tenga cuidado aquí . Nadie puede ayudar aquí , e incluso sugieren cómo puede obtener ayuda financiera. Cualquier respuesta de un prestamista de préstamo a tu pregunta, debe pasar por alto , ya que son una estafa ... ESTAFAS reales ... yo era una víctima de la que fui estafado miles de dólares ... y gracias a Dios por una hermana cristiana que me remitió a una organización formada préstamo por algunas mujeres cristianas. se llama mujeres cristianas christainwomentrustloans@gmail.com fondos fiduciarios Organización Cooperativa. ( CWTCO ) hicieron que mi vida muy valiosa y le dieron un significado . Cuando la hermana me dio su contacto , entré en contacto con ellos. Entonces pedí un préstamo con todas las pruebas necesarias para demostrar que realmente necesitaba un préstamo, se aprobó un préstamo de US $ 60,000.00 dólares y en 48 horas después de reunirse con sus requisitos necesarios, mi préstamo fue depositado en mi cuenta bancaria sin garantía. Aunque yo estaba muy nervioso con la organización del préstamo en un principio debido a mis malas experiencias anteriores , sobre todo cuando el tema de mi liquidación de los gastos de seguro se acercó, me aferro a mi fe por el hecho de que mi pariente me conoce , tengo aclaró y como Dios debe tener, no me imaginaba que mis dificultades financieras ha llegado a su fin final. Si no fuera por que la remisión rápida de una hermana cristiana a esa fuente genuina , me he arrepentido de mi vida plena , porque en ese momento yo sólo divorciado del padre de mi hijo, y mi hijo ( Kennett ) se enfrentó a una vida y situación de muerte . Me encontré con sus cuentas del hospital y también me encontré con la ejecución hipotecaria en mi apartamento. Los detalles de esta organización enviado por Dios no se dan a conocer , por ahora , por temor a la suplantación (porque se ha descubierto que algunas personas no están realmente en necesidad de ayuda financiera, pero lo que quieren es recoger el dinero de esta organización genuinamente préstamo christian ) . Y es por esta razón que don , t dan crédito de todos modos. Usted debe ser capaz de convencerlos muy bien, y proporcionar buenas pruebas para demostrar que usted realmente necesita un préstamo antes de poder aprobarlo para usted. Su carga es muy asequible y fiable en comparación con muchos por ahí , sus tasas de interés es sólo el 2% , poca documentación y pequeña verificación de crédito. Como he dicho antes, por razones de seguridad sólo puedo proporcionar su dirección de correo electrónico. Abraza este nuevo initiative.Feel en contacto con ellos por correo electrónico ( christainwomentrustloans@gmail.com ) como su oficial de préstamo / rep señor Perry Smith asistirá a usted y usted será libre de las estafas y las cargas financieras