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Moving to Spain post Brexit? The legal and tax implications

Moving to spain from the UK

Now that the transition period has finished and until the bilateral agreements are made between both countries, moving to Spain has now more legal regulations to follow. Don’t let this put you off, with the right professional help the burden of paperwork can be taken care of for you, giving you time to take care of the practical aspects of your move and the excitement of moving to sunny Spain.

Here is a checklist of what your solicitor can do for you:

  • NIE: This is your Spanish identification number. Spanish citizen equivalent to DNI. You will need this before you can do anything else. You can even start this process before you leave the UK.
  • SPANISH RESIDENCY: If you were a resident before 2020 and can prove it, you must apply for the TIE card for residency. If you are moving after Brexit, and you don’t plan to carry out any professional activity, you must apply for a VISA RESIDENCE or a non-lucrative visa. You can find further details of this in our article “I’m from the UK: How do I get a non-lucrative residence visa for Spain?“.

Otherwise, if you are planning to buy a property worth more than 500k euros, you will automatically qualify for a Golden visa in Spain, which grants you residency.

  • TAX RESIDENCE (IRPF): This is the equivalent of INCOME TAX in the UK. As a resident in Spain, you will be taxed for all the assets you have anywhere in the world. As such, you will be obliged to do a declaration of assets that are worth more than 50K euros by filling out form 720.
  • HEALTHCARE: Now you are a permanent resident in Spain, you are entitled to the Spanish free healthcare system if you are self employed or employed, or if you are receiving a state or government pension from the UK. You can transfer the rights of this pension to Spain by filling up the S1 form. 
  • DRIVING LICENCE: Your UK driving licence will be valid until the 30th of June 2021, after that you will have to take your driving test in Spain and obtain a Spanish driving license. You can exchange your UK licence for a Spanish one without the test if you applied for it before the 1st of January 2021.
  • EMPADRONAMIENTO: This process involves registering the address of the property you have bought, or you are renting, to the Town Hall.
  • BANK ACCOUNT: You will need your P60, your passport, and your NIE to do this.

Be aware that there are further legal implications if you decide to rent out the property you buy to tourists. It is necessary to register it under the Andalusian Tourism Registry and meet their requirements, for example, complying with Health & Safety regulations. Becoming a resident will also benefit you on the tax bracket you will be charged on the income.

It is very advisable to talk to a specialist in town planning as well as a lawyer when purchasing a property in Spain. Both are extremely important, the town planning specialist can assure you that the legal requirements are met concerning the land, the property conveyance, and its location, and the solicitor will make sure the transfer of the deeds, taxation and legal status of the property is solid. This will avoid a lot of heartache in the future. 

The team at Tejada Solicitors includes specialists in town planning, international taxation, and immigration that can help you if you decide to move to Spain. If you would like more information or support regarding your moving to Spain and its related tax implications, you can get in contact with Tejada Solicitors by visiting www.tejadasolicitors.com, or you can send an email to info@tejadasolicitors.com.

* This article has been written by a third party not owned or controlled by Spanish Property Insight (SPI).
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