# resident/tax resident



## billc (Jul 21, 2013)

Excuse my ignorance, but does anyone know if the meaning of 'resident' in this context is the same as 'residency' for tax purposes.

In the latter case, I've been told that I will not be 'resident' for tax purposes until next year (at the earliest) as there are not enough days left this year for me to qualify. So, if I'm taking up a new(permanent) job and renting somewhere to live, am I resident in regards of car regulations even though I'm not resident for tax?

Brain already starting to hurt. Might be simpler to buy a skateboard or something!


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## xabiaxica (Jun 23, 2009)

billc said:


> Excuse my ignorance, but does anyone know if the meaning of 'resident' in this context is the same as 'residency' for tax purposes.
> 
> In the latter case, I've been told that I will not be 'resident' for tax purposes until next year (at the earliest) as there are not enough days left this year for me to qualify. So, if I'm taking up a new(permanent) job and renting somewhere to live, am I resident in regards of car regulations even though I'm not resident for tax?
> 
> Brain already starting to hurt. Might be simpler to buy a skateboard or something!


'resident' & 'tax resident' are two different things

'resident' is here for more than 3 months/90 days consecutively at/by which time you are expected to 'register as resident' by effectively signing a list & being issued with a certificate which says that you are registered

'tax resident' is anyone who spends at least 183 days in a calendar year here, Jan 1st to December 31st, consecutive or not

so yes, resident as far as car regulations & tax resident are not connected


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## billc (Jul 21, 2013)

Thanks for the rapid answer


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## rewdan (Feb 23, 2010)

My understanding is a little different. The 183 day rule is one way to become tax resident in Spain but there are others. If it is deemed that your center of economic or vital interests are in Spain then you can also be considered tax resident, even if you spend less than 183 days there.
ie if your wife or kids live in Spain then they can clobber you potentially. Also if its where you work you are likely to be tax resident. Problem is there is no definitive on these points and you run the gauntlet of discovering after the fact when they come after you!


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## xabiaxica (Jun 23, 2009)

rewdan said:


> My understanding is a little different. The 183 day rule is one way to become tax resident in Spain but there are others. If it is deemed that your center of economic or vital interests are in Spain then you can also be considered tax resident, even if you spend less than 183 days there.
> ie if your wife or kids live in Spain then they can clobber you potentially. Also if its where you work you are likely to be tax resident. Problem is there is no definitive on these points and you run the gauntlet of discovering after the fact when they come after you!


yes, absolutely, and I have posted the same many times in the past

the OP will be living & working here though, so all the rest of the complicated stuff is irrelevant in his situation, and he simply wanted to know the difference between 'resident' in terms of bringing a car over, & 'tax resident'


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## billc (Jul 21, 2013)

Yes, that's it. I just want to get down there with my car without needing to worry if I'm busting any laws in the first month or so. Once I'm in situ I can figure the rest out with advice from work colleagues and the company welfare office.

i.e. I can burn the rest of the bridges when I get to them !

Thanks for the answers


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## baldilocks (Mar 7, 2010)

billc said:


> Yes, that's it. I just want to get down there with my car without needing to worry if I'm busting any laws in the first month or so. Once I'm in situ I can figure the rest out with advice from work colleagues and the company welfare office.
> 
> i.e. I can burn the rest of the bridges when I get to them !
> 
> Thanks for the answers


Is there anything particular about your car (e.g. it is of special value to you) that means you want it in Spain? It costs money to get a RHD/UK car accepted for running on Spanish plates (can be as much as €1500 or more plus import tax depending on its age and how long you have owned it, plus its value)

Once you are resident (provided you can satisfy the requirements regarding income/capital and healthcare provision) which must be done within 90 days of setting foot on Spanish soil you have up to 90 days to get your car homologated.

It is often a better bet to sell your UK car in UK and buy a Spanish car here.


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## billc (Jul 21, 2013)

Nothing special, although it is relatively new and low mileage. It's fairly fuel efficient, so I can drive down with an initial boot full of stuff I'll need for the first couple of months cheaper than paying to fly and paying a shed load of excess baggage or shipping things separately. Also, I don't want to sell it and buy a Spanish car right off the bat in case the job doesn't work out. I can assess the situation and transfer it to Spanish papers or drive it back and sell it as required. Also, I don't want the aggravation of buying a car in a foreign language at the same time as starting a new job! So essentially, given the short timescales, it seems the most flexible immediate solution.

Thanks for the points about the timescales though, I'll definitely bear them in mind and organise myself accordingly.


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## billc (Jul 21, 2013)

OK, so my plans have moved on a bit.

The most likely scenario is that I go down to Spain mid August in my car.

I don't want to sell it until I am happy the job is working out, (+ there is a 3 month probationary period anyway). But I also don't want to drive it down there indefinitely; ultimately I want to get a left hand drive care once I know I'm staying down there.

Since the company has a shutdown for Christmas, by which time I'll know if I'm staying, I'll aim to get the LHD car organised for then, and drive my UK car back to England at Christmas for sale or transfer to a family member.

Thus, ideally, I want to have my car down there, kept on a UK reg, for about 140 days. 

Is that doable anyhow?


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## baldilocks (Mar 7, 2010)

billc said:


> OK, so my plans have moved on a bit.
> 
> The most likely scenario is that I go down to Spain mid August in my car.
> 
> ...


You will have to register as "resident" within 90 days and you then have a further 90 days after the date of your registration before your UK reg car becomes illegal, so providing the timing of YOUR registration was OK, you might just squeeze in. BUT bear in mind the car will have to be street legal in the UK (VEL, MoT and insurance) for it to be on the road in Spain. You will need to check that your insurer allows you to be out of the country and your insurance valid for that length of time - many insurers put limited validity on the Green Card


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## billc (Jul 21, 2013)

<nod> Thanks. I was wondering if the 90+90 would apply, I guess the route forward is not to apply for residency straight away. (Which is not unreasonable, given that the probationary period).

The insurers are being unhelpful, won't discuss it until within 3 weeks of being due to renew, which is just a few days before I leave.


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## snikpoh (Nov 19, 2007)

billc said:


> <nod> Thanks. I was wondering if the 90+90 would apply, I guess the route forward is not to apply for residency straight away. (Which is not unreasonable, given that the probationary period).
> 
> The insurers are being unhelpful, won't discuss it until within 3 weeks of being due to renew, which is just a few days before I leave.



Which probably means they can't do anything for you and don't want to give you too much time to look around.


INSIST you get an answer!


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