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Thread: Should I establish my residency in Gibraltar or in Spain

  1. #1
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    Default Should I establish my residency in Gibraltar or in Spain

    I currently live in Spain but work in Gibraltar. I commute daily as many others do. I have a property in Spain registered in mine and my wife’s name at a value of €300,000. I pay income tax in Gibraltar as it is deducted at source but am aware I don't currently declare anything in Spain although I live here. I have heard that I should be registering some kind of annual return as I own a property and I am here more than 183 days a year. I am concerned if I start registering in Spain that another tax bill is going to appear. Would this be the case? I am also not sure if I should be applying for full residency in Spain and how this affects the above. Any help would be much appreciated. Thanks

  2. #2
    Senior Member
    Join Date
    Oct 2008
    Location
    Marbella
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    1,095

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    Dear Sir/Madam,

    What you are committing is Fiscal fraud and can be charged for it if the Spanish Tax Authorities find out or if someone reports you to them. Articles 305-310 of the Spanish Criminal Code.

    It is mandatory to declare all your income here in Spain and pay all the associated taxes providing you are a fiscal resident in Spain (spend more than 183 days a year in Spain) which is your case.

    Besides the above, as you own property in Spain you are additionally liable to pay Wealth & Income tax, IBI and garbage collection.

    Wealth tax has now been abolished but you still have to file and submit it for "control purposes".

  3. #3
    Administrator
    Join Date
    Oct 2008
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    185

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    On SPI there's a thread about this:

    "the government has ordered a crackdown on non residents who reside permanently (ie more than six months)in Spain. The inspectors recently visited Sierra Blanca in marbella (prices in excess of €3,000,000) and owners are having to put up with week long interviews with tax authorities..."

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