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Thegonnec
Thegonnec, Judge
Category: European Law
Satisfied Customers: 1343
Experience:  Judge with Paris Industrial Tribunal (Conseil de Prud'hommes de Paris)
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I am a British National who has been a tax resident in Spain

Resolved Question:

I am a British National who has been a tax resident in Spain for nine years.

My accountant informs me that my Spanish tax office has suddenly determined that due to the fact that my contributions to two personal pensions in the UK were (as is normal in the UK) granted income tax relief at that time, I will now be denied the standard allowances that are allowed to recipients of pensions in Spain.

All the contributions to the UK pension funds in question were made prior to me becoming a Spanish tax resident.

My feelings are that this decision by the Spanish tax authority is both unjustified and discriminatory as not only is it’s grounds founded on a fractional element of historic tax circumstances pertaining to a separate nation, it also seems to contravene the requirement for the equal treatment of all European residents as that of a particular country's own nationals.
I have also been informed that the bases for all further tax obligations will be permanently determined on what is accepted for the 2012 tax assessment which is now due in a few days. I have also been advised that if my submitted assessment is considered contrary to the Spanish tax requirements I would be liable to heavy financial penalties.

Bearing in mind the time factor I would be gratfull for a promt reply.

Regards
B K Eveleigh
Submitted: 1 year ago.
Category: European Law
Expert:  José M. replied 1 year ago.

Abogado3044 :

hI SIR

Abogado3044 :

Your are right and its completely abusive, but due to crisis in spain all the taxes has become higher and most of the deductions eliminated

Abogado3044 :

They say that will be for a short time but I do not believe them

Abogado3044 :

Your accountant is completely right and now you will have to pay more taxes or change the resident into UK again, or your country if it is another

Abogado3044 :

Do not think that the deduction become real anymore as it was

Abogado3044 :

I am sorry to be so pesimist but it is the real situation here in Spain, and may become worse in no time

Abogado3044 :

For sure it is abusive but there is nothing you could do now

Abogado3044 :

At least you could change the adrees into UK and stay here less than 180 days in a year ( Real or not )

Abogado3044 :

Study what option its better for youu and calculate the sums to ay here or in your own country

Abogado3044 :

I will be here if you need more information

Abogado3044 :

You can write if you want

Customer:

Can you please advise whether the Spanish Tax authority action is in these circumstances is in fact contrary to European Law and even if so must I just accept that I can do nothing?

Abogado3044 :

I am sorry to have to tell you yhat you can do anything

Abogado3044 :

All spanish people is suffering the same thing, more taxes to be paid

Abogado3044 :

Please to rate positively the service, its the way the site pay the expert

Abogado3044 :

If you do not rate it positevly the sitre does not pay the expert

Abogado3044 :

Sorry for the bad news

Abogado3044 :

Thank you and have a good day

José M., Attorney
Category: European Law
Satisfied Customers: 4756
Experience: Spanish Attorney
José M. and 3 other European Law Specialists are ready to help you
Expert:  Thegonnec replied 1 year ago.
I confirm the opinion of the learned Spanish lawyer who first answered your question. This measure is legal and is not in contradiction with EU law as it would apply to any EU citizen, whose pension payments were initially free of income tax, regardless of where these payments were made. And, don't become a French resident as the same would happen in France too. Sorry.
Thegonnec, Judge
Category: European Law
Satisfied Customers: 1343
Experience: Judge with Paris Industrial Tribunal (Conseil de Prud'hommes de Paris)
Thegonnec and 3 other European Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your answer although it is not in my favour.

 

Could you however just clarify that your judgement is based on the understanding that my contributions to the pension fund were tax deductible when they were made in the UK at that time and it is the fact that the Spanish tax authority are disallowing the same tax allowances that are granted to Spanish nationals on the payments being made to me from the annuity that has been generated from those contributions.

 

It is your reference to "payments" that has raised the question in my mind.

 

Regards

B K Eveleigh

 

 

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