French person and Spanish residency

[Nicknjh23]

Looking for a specialist for my mother in law to help with being legal in Spain. She owns her house here etc. Wants live here permanently but has financial fiscality in France. Needs help with becoming fiscally legal here in Spain so she has no problems either here in Spain or France.
Thanks in advance

[peteroldracer]

Surely she can only be fiscally resident in one country...?

[Paddy Pumpkin]

Surely she can only be fiscally resident in one country...?

Legally speaking the term fiscally doesn't really exist. The correct terminology is Tax resident. You can be tax resident in numerous countries. Short example. You spend 200 days a year working in the UK and commute to Spain at weekends so are tax resident in the UK. Your spouse resides in Spain 365 days per year, because your spouse resides in Spain you are automatically tax resident in Spain also.

[Paddy Pumpkin]

Looking for a specialist for my mother in law to help with being legal in Spain. She owns her house here etc. Wants live here permanently but has financial fiscality in France. Needs help with becoming fiscally legal here in Spain so she has no problems either here in Spain or France.
Thanks in advance

So basically your MiL wants to become a tax resident in Spain. As she owns a house in Spain she will already have a NIE (tax identity number). Tax wise all she has to do is complete here tax return stating she is a resident and paying the appropriate taxes (which may be deducted against her French tax bill, or tax bills from other countries, depending on the double taxation agreement)


Emigration wise whe will need to get residency. She will do that at the Policia Nacional local to where she has her house in Spain. The documents she will need to provide depend on her status. The easiest way is if she can answer yes to the following two question. Does she have a state pension for an EU country? Is she an EU national?

[elusive]

She could file a 030 form to declare herself tax resident but its not really needed. As said above just wait until she files her first tax return and she will be on the system. Check with french tax office inregards to double taxation agreement and what she needs to do at the french end to tell them shes leaving the counntry

[Gasman]

Might I suggest she does it quickly, and declares herself resident in Spain from 1st Jan, so that she officially left Spain on 31st December? Helps if the deed is done at the end/beginning of the tax years. Otherwise, moving from France to Spain, as we did, should not give too much in the way of complications.
If Pensioner in France, needs to ask her French Pension provider(s) with S1 and proof of pension monthly payments - to show income and to show eligibility to go onto Spanish health service, with financial input from France as her pension provider. She may continue to have some contributions taken out of her pension at source, but she should be able to receive it free-of-tax from France, to pay tax on it in Spain.
If still employed in France that is MUCH more complicated, and she needs to take further advice on her situation.
If receiving rental income from property in rFance, that has to be declared and paid in France, and then noted on future Spanish tax declarations for the difference to be taken into account, and to assess overall tax liability rates. Having made arrangements to get the pension tax-free from France, she will probably notice that the amount of pension is noted on the Declaration form for the French taxes automatically but she can make adjustments to that so that she only pays the Impots on her rental income. Other incomes such as dividends should have tax paid in Spain as part of her world wide incomes ...
Armed with S1, pension details, or incomes, NIE if she has one already, birth cert (Carnet de famille if available as a French person), bank statement if available, Passport (not sure French ID document will be sufficient, but she could check on this if need be), French Sécurity Sociale card might be useful too - with all this and escritura for her house which is to be her new permanent residence, she should be OK to register as a EU citizen resident in Spain. This is done either at the Police HQ or at the office of Etrangeros with an appointment made on line in advance - Cita previa.
Then she should sign on at her local town hall on the Padron.
She will also want to change her status at her bank, to an account as a resident, sign on to the INSS office for social security and health cover at the Centro Salud.
For tax purposes, really she needs to tell France that she is leaving and get into the Non-residents sector for French Taxes, and then make an appointment with the Hacienda to discuss how to get onto the Spanish system - normally she would fill in her first tax declaration in Spain the year following her move, ie in 2020 she would fill in the tax forms for the year 2019 as her first year as resident. Do not forget that she will have to do the 720 declaration of assets abroad, if this is relevant depending on what she has in what category outside of Spain. This is done for end of March, but again, as this is her first tax year in Spain, I believe she will only have to report what she has in 2019 in the following year, 2020.
Hope this helps ...

[Gasman]

As to a local specialitst, I the MiL near you at Frigilana? If you can say where she is going to be based, someone may come on with advice as to a nearby Gestor who can help with a lot of the above process - she would be advised to find out as much as she can about the French side of things, and the Gestor will be able to do all that is needed on the Spanish side. Doubtful you will be able to find a Gestor with specialised knowledge of the French side of things, but you never know !!!

[elusive]

If france is anything like the uk she will have to keep paying tax on a french pension until she files her first spanish tax return the year after. Then reclaim the tax paid in france from the french tax man