# working in uk living in spain. where to pay tax?



## delspain (May 12, 2012)

hi all
i have some questions hopefully someone can awnser. 
after searching many other posts nothing really seems clear.

i work in the uk on oil rigs 3 weeks on 3 off. i pay uk tax through my company

i however live in spain. the day i leave the rig i return straight to spain.
ive been doing this for 4 years. however the 4 years before that i lived and also worked in spain on a spanish contract and payed spanish tax and social for 8 yrs.

this is 12 years in total i been here and dont intend on living in the uk again.

obviously paying my national ins and tax in uk i would be intitled to a uk pension come retirement.

considering i live here in spain and intend on doing so forever. 
i should really pay my tax and ins here?
for certain i want my health care here as i did before when i worked here
but lets say i opt out in uk and pay al my tax etc here in spain.....

that would entitle e to my health care here?
would it also entitle me to a pension in spain? if so does anyone know how it compares to uk pension? retirement age how much you recive?

and would i then not be entitled to anything in the uk come pension age? as ive only about 9 yrs stamp paid in uk so far.

i know its a long one but any help on any of the questions be great if anyone knows anything


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## gus-lopez (Jan 4, 2010)

delspain said:


> hi all
> i have some questions hopefully someone can awnser.
> after searching many other posts nothing really seems clear.
> 
> ...


Days travelling don't count in either country so that is 34 days gone. 3 weeks = 21 days in the UK x 8 times a year =168 days +34 days =202 days not in spain = not subject to spanish fiscal residency . 
Same applies to the uk as you are only there 168 days. You should have no problems opting out & paying it all in spain, as that is where your 'family life & main interest lies'You need expert advice though .
The 9 years you've paid in the UK will get you 9/30ths of a state pension when it comes , as it will be under the new system. 

The 8 years you've already paid in spain + what you will now be paying in will allow you to receive a spanish pension. It used to be that you had to pay in here for 35 years to receive a full pension & 15 years for 50% . It would appear to have changed as a during a discussion recently on another forum on spanish pensions one poster stated that he received a pension from 3 different countries , including the UK & Spain & that the spanish pension was based on the 9 years that he had paid in . So expert advice /enquiries need too be made in both countries & from as many sources as you can.


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## 90199 (Mar 21, 2010)

You need to fill in the form on the below link, take it to the Spanish Taxation office in your area, get the English copy signed and posted, back to the address shown, then wait for a decision.

http://www.hmrc.gov.uk/cnr/spain-individual.pdf


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## CapnBilly (Jun 7, 2011)

gus-lopez said:


> Days travelling don't count in either country.


I don't know about Spain, but as far as the UK are concerned, traveling days do count. If you travel to the UK and are there at midnight, then this is counted as a tax residency day in terms of countling days. I think it I used to be ignored before 2008, but not now.


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## Stravinsky (Aug 12, 2007)

CapnBilly said:


> I don't know about Spain, but as far as the UK are concerned, traveling days do count. If you travel to the UK and are there at midnight, then this is counted as a tax residency day in terms of countling days. I think it I used to be ignored before 2008, but not now.


And how do "they" police this?


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## CapnBilly (Jun 7, 2011)

Stravinsky said:


> And how do "they" police this?


Presumably the same way they police the other days that count towards your tax residency days


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## jojo (Sep 20, 2007)

Stravinsky said:


> And how do "they" police this?


 My husband used to keep records and tickets of all his flights as his accountant told him that they could be checked at any time - not sure who by tho???!!!

Jo xxx


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## Stravinsky (Aug 12, 2007)

CapnBilly said:


> Presumably the same way they police the other days that count towards your tax residency days


So they dont police it at all then 
Ive never been "audited", despite spending time in both countries, so its just down to me putting in a tax return


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## Stravinsky (Aug 12, 2007)

jojo said:


> My husband used to keep records and tickets of all his flights as his accountant told him that they could be checked at any time -* not sure who by tho???!!!*
> 
> Jo xxx



Yes, thats what I was thinking


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## gus-lopez (Jan 4, 2010)

I did hear that both Spain & uk were proposing to do this but I thought it got dropped.


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## CapnBilly (Jun 7, 2011)

Stravinsky said:


> So they dont police it at all then
> Ive never been "audited", despite spending time in both countries, so its just down to me putting in a tax return


Absolutely, and I have never been audited either, BUT, there is always a possibility that you will be checked, and therefore if you are planning your residency days, it is essential that you do so on the basis of correct information. If you decide to ignore that and lie on your return, then thats down to you.


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