# Resident in Spain (Canarias) with UK Employment



## Claire Rennison (Nov 27, 2020)

Hoping someone can help me on here as I am at my wits end with Agencia Tributaria.
I moved to Lanzarote in 2010 and was lucky enough to be able to continue working for my UK employer remotely, just going back 2 or 3 times a year for meetings.
In 2005 I came out of the UK tax system and stopped paying NI contributions, as did my employer.
I set myself up as "autonomo" under the advice of an asesora, she said I needed to have an "activity" so we picked one that most fitted with the work that I do.
I also started paying social security payments as "autonomo" and have done so every since.
Agencia tributaria are asking for a ridiculous amount of money from me (24,000 Euros) in tax due for 2015 and 2016, despite having already paid 12,000 Euros for that same period. 
It turns out that because I am registered as "autonomo" they think I am earning income from my activity in Spain, as well as earning that same income from my UK employer.
My new asesor says that I should never have been registered as "autonomo", because I'm not, I'm an employee, they said that my employer will need to register in Spain and pay my social security payments according to the Spanish regime, but as there may be tax implications for them they aren't willing to do this (it was my choice to come to Spain not theirs). They've said I should not be paying social security in Spain - So how do I receive medical care? How does my daughter go to school (University next year - god knows how I'll pay for that with this huge debt hanging over me).

He also says that I should do voluntary disclosures for the years 2017 onwards to avoid hefty fines, but I can't deduct ANYTHING from my income, not even the social security payments I've made.

PLEASE can someone help me with this. I earn 60,000 Euros a year, have managed to build up a portfolio of 4 houses on my own (which are all mortgaged), and I am looking at losing almost everything. There must be a way round this!!


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## Bevdeforges (Nov 16, 2007)

I've moved your post over here to the Spain forum as it's pretty much a question related exclusively to the Spanish tax system. I think you'll get a few more responses there than in the Expat Tax section.


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## Nomoss (Nov 25, 2016)

I really can't believe that you have lived and worked in Spain for 10 years or more without knowing that you can't be classed as autonomo if you work solely for one company, especially a foreign one with no presence in Spain, any more than you could be considered self employed in the UK in the same circumstances.

That dodge disappeared in the UK in the 1980´s, and probably not much later in Spain.

I think you should go down to your nearest Hacienda office, with all the relevant paperwork you can provide, and discuss your situation with them.


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## ccm47 (Oct 15, 2013)

Nomoss is right, go to the Hacienda and discuss things with them. No forum member can give you better advice.
The asesor cannot rule on your employment status, just give you some advice. 
When in the UK my job for over 10 years included giving just such status rulings, each case was different as there were 25 indicators to look at. You clearly have some pointers towards self-employment e.g. there is no direct control over you whilst you work. But think again about why you think you are an employee e.g. who pays your expenses for you UK visits etc.
If the Hacienda continues to require €24k then be prepared to offer payment by instalments. At 60k per annum you may need to tighten your belt but bankruptcy is not looming for what is a few months money.


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