Contact

News & Insights

Residence or domicile? That is the question

As a rule of thumb, as a Brit living in Spain you will be considered resident if you remain in Spain for 183 days or more in any tax year. On top of this, if you leave Spain to work abroad for more than one year, you must not be back in the UK for more than 91 days, on average, in any 365 day period, during your time abroad. Basically, if you are a Spanish resident, you will need to pay income tax on all of your income, no matter where in the world you earn it. However, a non-resident of Spain is only required to pay tax on any Spanish income.

For many retired Brits living here, your country of domicile is particularly important when considering your liabilities under inheritance tax law. A person’s domicile is usually where you were born, or can be the same domicile as your parents (usually your father’s).  Your domicile can be changed in exceptional circumstances to be the country that you have chosen to make your permanent home, but this involves severing all ties with your domicile country.

Changing your domicile is not an easy thing, however, and can prove to be particularly troublesome. One of the most famous examples of someone falling foul of inheritance tax due to domicile status is that of Richard Burton. Although born in the UK, Burton had lived in the US for 27 years and died in Geneva, where he had taken residence for tax purposes. Upon his death, HMRC pursued a claim for inheritance tax. This may seem unreasonable, as he had not lived in the UK for many years and did not pay UK taxes.

However, under UK law, a person’s domicile is considered to be the place where, although it may not be their home, they have the intention of returning. And this is where Burton’s estate came unstuck. Although he had not lived in the UK for decades, did not have a property there and was buried in Switzerland, during his first marriage to Elizabeth Taylor, Burton had bought burial plots in his home town of Pontrhydyfen in Wales. As such, HMRC successfully argued that he was still domiciled in the UK as he had the intention of returning there, consequently reaping £2.4m in inheritance tax.

Although you may not have the same wealth as Richard Burton, it is nonetheless important to understand the implications your residential status has on your inheritance tax liabilities both here in Spain and in your country of domicile, which for most of us is the UK.

If you want to discuss your financial situation, you can contact us here.

This communication is for informational purposes only and is not intended to constitute, and should not be construed as, investment advice, investment recommendations or investment research. You should seek advice from a professional adviser before embarking on any financial planning activity. Whilst every effort has been made to ensure the information contained in this communication is correct, we are not responsible for any errors or omissions.

Other News

Finding Old Pensions Before Making a Pension Transfer Overseas

Man with binocularsThe days of the “job for life” with a single employer are, for most of us, long-gone and we are now far more likely to have multiple jobs paying into a number of different pension schemes. This means tracing old pensions when you retire – whether defined benefit, defined contribution or private stake holder. In order to get an accurate and full idea of your pension wealth it is essential that you begin finding lost pensions to factor every single one into a total valuation.

Pension transfers are a hot topic at the moment, especially if you’re an expat and want to transfer pension pots overseas. And if, like many, you have lost track of the various pension pots you have amassed throughout your career, it can be hard to gather together all the information you need to decide whether a pension transfer would be in your best interests.

Read More

Court of Appeal’s Expat Tax Ruling

Statue of the scales of justiceExpat financial planning clients should be aware that HM Revenue & Customs have increased powers to ensure full disclosure of financial information in order to assess tax liability.

This follows a ruling by the Court of Appeal in London* in which the Court upheld the right of HMRC to demand compliance from a UK-connected individual living in Dubai.

The case clearly indicates that UK-interested parties with cross-border financial interests must consider their UK tax liabilities as part of their wider expat financial plans.

Read More

Select your country

Please select your country of residence so we can provide you with the most relevant information: