Dual Residency - UK and Spain?

[MLA]

Has anyone any thoughts on dual residency as a means of staying longer than 90 days in 180?

[TrickyFox]

I thought that it was not possible.

[Can the Man]

I don’t think dual residency is possible

[Cotillo_Tom]

I think I have it!!!  I have residency here (the TIE), so I'm allowed to be here for more than 90 days in 180, but I own property in the UK and under normal circumstances would be travelling to and fro'  -  given the current situation re: Covid19, I'm not traveling  between countries atm.

Due to the exceptional circumstances we are in, I've had 11 of the last 12 months here, but normally it would be about (but not quite) 50/50, perhaps more like 65% here and 35% in UK. 

I own property in both countries, I pay taxes in both- I think that is pretty close to having dual residency (not to be confused with dual nationality, which is not possible as on receiving Spanish nationality you are required to surrender British nationality).

Tom.

[MLA]

Morning Tom, I did have you, and a few others in mind when asking the question. It seemed relatively straight forward to register as a resident whilst the UK was a member of the EU, but it looks like that has changed since UK's departure.

I found a few links that may be of interest:

https://movetomalagaspain.com/how-to-app...-citizens/

https://www.janetanscombe.com/news/visas...n-one.html

[windermeregolfer]

I think I have it!!!  I have residency here (the TIE), so I'm allowed to be here for more than 90 days in 180, but I own property in the UK and under normal circumstances would be travelling to and fro'  -  given the current situation re: Covid19, I'm not traveling  between countries atm.

Due to the exceptional circumstances we are in, I've had 11 of the last 12 months here, but normally it would be about (but not quite) 50/50, perhaps more like 65% here and 35% in UK. 

I own property in both countries, I pay taxes in both- I think that is pretty close to having dual residency (not to be confused with dual nationality, which is not possible as on receiving Spanish nationality you are required to surrender British nationality).

Tom.

I would say we are similar to Tom and our TIE's have been applied for and we are awaiting our cards which we will pick up when we return.

[Grampiangranny]

Hi MLA, have you considered Spain's Non-Lucrative Visa facility, for stays in excess of 90 days?

http://www.exteriores.gob.es/Consulados/...20visa.pdf

[FVmouse]

This issue has been covered many times. The reality is that unless one declares one’s entire global income and assets to the Spanish Hacienda on an annual basis (perhaps with payment elsewhere due to dual-taxation arrangements) then one is simply not a Spanish resident (very unusual circumstances apart).

Having a TIE card is not the same thing.

The easiest way to check is to give the Hacienda a call, give one’s NIE number and ask if one is regarded as Spanish resident.

There are none so blind as those that will not see.

[DavidP]

I would say Tom is spot on.

We are in an identical situation to him, the only thing still to be wary of is whether your TIE is permanent or temporary as that will dictate how long you can stay OUT of Spain and still retain your Residence.

I think somebody asked previously "would they cancel an individual's residency and forfeit the tax income from them"

[Cotillo_Tom]

You are correct, if you are here for 183 days or more a year yiu are automatically considered a resident for tax purposes. 

The declaration of world wide wealth (Modelo 720) is completed and submitted by the end of March. The tax return is later in the year, end of June, I think. 

Spain takes into account the tax you have already paid in the UK, after checking with HMRC. 

There is a tax liability as annual allowances and the rates of tax are different, so you will end up paying some tax here on top of the tax already paid in the UK. 

Its simple really, if you want to live here and enjoy the benefits of expenditure, you contribute towards the government income. 

Tom.