Tax return for UK National now resident in Spain

I am assisting a colleagues parents with preparing their tax return. They retired to Spain and became resident in Spain in Sept 2020 and started paying Spanish tax on their UK income Jan 2021. They have each drafted a “DT-Individual Spain” to claim relief at source from UK tax which they intend to submit with the 2023-24 Tax Return. We appreciate that once this application is accepted by HMRC that they will not need to include on their UK Tax Returns UK State Pensions, NHS Pension and private pension (currently taxed at source) but their Government Pension will remain taxed in the UK and will need including together with any other UK income. The question surrounds the submission of the “DT-Individual Spain” and the 2023-24 Tax Return given we are now in November. Should the 2023-24 when submitted include the UK State Pension and if so should the “DT-Individual Spain” be submitted at the same time or should it be delayed until the final 2023-24 tax liability is paid? The alternative is to submit the “DT-Individual Spain” in the belief it will be accepted before January 2025, but this potentially causes issues if it is not processed in time. The concern is around HMRC processing and the repayment of tax due for 2023-24 falling into a ‘black hole’ with prior years refunded and not 2023-24.

Hi ,
 

The form can be submittted at the same time but as it has not already been aprroved, they should consider including HS304 with the tax return to then allow the actual DT from to be processed for the other year. The Spanish residence certificate should aslo be included -  See :  HS304 Non-residents — relief under double taxation agreements (2024)  . Thank you .