[Anonymous]

We purchased our apartment in April 2006 but I am confused about the above tax due to our circumstances:
We work in Tuscany for a UK tour operator from April to end September (can occasionally be March until end October) then live in our spanish apartment for rest of year with holiday visits to family in UK. We still own a property in UK which is rented out. We pay UK tax on our salaries and rental income in UK and are registered on our local Padron here in Spain.
Should we be paying non-residents property tax on our property or is it classed as our main residence?
To further complicate the issue, last year we worked for our UK company in a spanish resort so we were living in Spain all year though only 4 months in our own apartment! 😕

[Anonymous]

If you sepnd more than 183 days in Spain excluding the day(s) of arrival(s) and departure(s) then you would be “normally” be classed as ordinarily resident in Spain.

Have a read of this

http://www.hmrc.gov.uk/CNR/faqs_general.htm#3nr

But in any case you can’t have it both ways. You are not paying Spanish tax as you consider yourself a UK resident for tax purposes. So by definition you are not resident in Spain and hence need to pay non resident taxes on your property.

From what you say I would guess that you should be resident (for tax purposes) in either Italy or Spain, but not the UK.

[Anonymous]

Thanks jp1,

Sorry, didn’t make it clear, we are paying non-residents tax for our apartment but wasn’t sure we should!
Think we are in a bit of a “grey” area as our contracts say we are posted workers which I guess means we are UK residents and remain employed during the winter albeit on “unpaid leave”.

Must be lots of people in our situation, think I will just forget about it and enjoy our summers in Italy and winters in Spain!

[Author]

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