non residents tax

 Hi

I have been paying my non residents tax each year but last year we couldn't get out to Spain and unfortunately we didnt pay. I have just paid this year, got the forms 210 from the tax office etc but want to know can we can 2 more forms and backdate them?

Many thanks to anyone who can help, dont want to have any nasty surprises if we ever come to sell!

My personal view  (which is not my professional opinion!) is why bother?

The only problem you might have is you have paid some previous years but I don't think they will notice you have stopped.

I have yet to find one person who has ever received a demand for not submitting non-resident tax returns.

The only time we get challenged is on submitting CGT refund claims (3% retention on sale) and then we might have to submit outstanding years.

Even if they do catch you you will still be quids in becuase you'll have saved the professional fee which for most people is as much as the tax itself (especially for those using expensive lawyers to submit return!)

Non resident tax is a real mess becuase even though someone has obtained an NIE number does not mean they are registered at the tax office - that is a job in itself.

At the ned of the day it depends on your view topaying all your taxes and some people like to .....

 thank you for you replies. Last year was the only year we missed, i have done this years. We dont use a gestor anymore I go to the tax office and pay the 1.50 euros for the forms (210) and complete them myself then go to the bank to pay them. I was just wondering if I get more 210 forms could I fill them out for last year or is it too late, I would rather not be subject to the 3% retention if we do sell.

Many thanks for your time in replying

As a non-resident you will always be suject to the 3% non-resident retention!

The only difference is that being up to date with your non-resident tax returns means that it should speed up any refund you are due (but the tax office say they have no money to pay out refunds hence DELAY!)

At the moment it's taking 6+ months to process refunds (malaga)  and that's when everything is in order and more like 12 month  when not in order.

I would say only about 50% of non-resident owners pay the non-resident tax. As per Johnnx's posting it would also be quite easy to run a few reports on non-resident property owners not paying buy they don't.

Likewise it would be very easy to go after all the non-residents who live full-time in Spain and don't declare themselves as resident but they don't.

johnnz

this is based on my experience of doing business in spain.

if I look at cgt reclaims then rarely do I receive a file where non-resident tax has been paid in the past and does it cause a major problem NO!

If someone asks me should they pay the tax then I say Yes they should ....

If someone asks me will I get away without paying then I would say probably ....

One day maybe the Spanish tax authorities will take a greater interest in non-resident taxes but for now they don't seem to bother.

But when the Spanish tax authorities play fair then so will I.

I submit many inheritance tax returns (modelo 652) where the time to pay has expired - that's the best inheritance tax solution of all. Again I don't advise people to wait 4+ years but many do and get away with it and also the plusvalia tax!

It's their rules and we just play the game!

They shaft us on additional transfer tax and sometimes impose artifiical values for CGT/sale - so it all balances up!

I do quite a bit of tax filing and that's where I get my facts - I do have a vested interest in people filing as then I also get a fee ......

 oops sorryy

Faro.