If you live in Spain you probably think you are resident for tax purposes but that may not be the case. The general rule is that, in any calendar year, if you spend more that 183 days in Spain then you are resident for tax purposes. However there are caveats to this. If your 'centre of interests' were deemed to be in the UK then HMRC could argue that you are responsible for tax there.
What are 'centre of interests'? Well, you could quite conceivably spend most of your time in Spain whilst still having a house in the UK, a business or job based in the UK, children in school in the UK and/or a spouse in the UK. If all these were the case then you would almost certainly be UK resident for tax purposes. You would also be liable to tax in Spain (in theory) if you spend more than 183 days here. In practice however there is a double tax treaty in existence between the UK and Spain which ensures you do not have to pay tax twice. If you live in Spain and the majority of your 'centre of interests' are here then you will be deemed tax resident by Hacienda (the Spanish tax authority) and be liable to tax on your world wide income and assets. If you are unsure about your fiscal residency status please give us a call.
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