[jonah557]

What check do the authorities carry out to find out the period of time that you occupy a property in spain as we understand we can only reside for less than 186 days. otherwise we have to become a full resident.

[Ptt]

Actually it is 182 days including days of entry and exit.more than that Hacienda the Spanish HMRC would deem you as fiscally resident. But if you don’t tell them how can they find out ? Well they could from the advance passenger details you give an airline.You might walk through immigration without your passport being checked but they know you were on the plane and arrived and they know when you leave. Endesa and Iberdola sometimes give information but usually to check undeclared letting income. But seriously how rigorously do they check – for sure they might if you died in Spain and you have a property and maybe one in UK too – that could be tasty for them. But what if you occasionall overrun a few days and sometimes in error or because of unexpected happenings that need a quick visit. Are they keen to hound you or do they put you on a check list and see if it’s trivial or you are taking the pee.Maybe they don’t have a clue and not the time or technology to check everyone thoroughly. Might they only check people they know sometimes -ones like me who dutifully do their 720 No Residente declaration every year and with a gestor or and pay the small tax because it’s easy and the real cheats they often never find ? Well I would like more information on this too. My own view is Hacienda would do well to check but have more flexible rules like letting people apply to stay extra days provided they ask first and pay a supplementary tax and maybe only say one year in two or three so it covers unusual situations. But I have read of cases of boat owners overstaying and having their boats seized. Technically if you stay over 3 months you are required to report to the local police and at 6 months register as resident. Many like me who stay more than 3 but less than 6 don’t bother – after all if you pay your IBI and file 720 annually it’s not unethical saves the 15 euro fee and would they be upset if they knew.many tell me if you overstay a few days not to worry they cannot do much and I say maybe not except maybe fill in a world wide declaration of your years income and pay a fine.Spanish tax can be higher than UK because no relief for ISA and on dividends that HMRC allow more generously at the moment.

• This reply was modified 8 years ago by Ptt.

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