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Posted Thu, 16 May 2024 08:16:21 GMT by Fandover
I have lived in Spain for the last 11 years but have only taken out residency in 2020, before this I still had a house in England so chose to pay my taxes in England. On becoming resident in Spain I switched my tax domicile to Spain and have paid tax here for the past 4 years. Two years ago the Spanish tax authorities came to the conclusion that i lived in Spain for the years 2016 and 2017, and issued me with a tax bill for those two years and started taking the money out of my bank. I have tried to fight this but have got nowhere so have now paid double tax for these two years. Is there anything I can do about this and can HMRC assist me in either fighting this or getting a refund on the tax I paid in England for those two years.
Posted Mon, 20 May 2024 11:15:42 GMT by HMRC Admin 10 Response
Hi
You ceased to be tax resident in the UK from the start of the tax year after you left the UK.  You would be resident in Spain and taxable there.  You do not have the choice of which country you want to pay tax to.  The tax treaty between the UK and Spain would mean that your UK rental income is taxable firstly in the UK (the property is located there) and then in Spain, where you claim a tax credit for the UK tax paid.  Non government pensions, state pension, employment and so on would be taxable in Spain and not the UK.  If you complete a self assessment tax return, you can claim back for the previous 4 tax years.  Anythning older than that is out of data and cannot be claimed.

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