One of the most common areas of confusion for British nationals is how UK and Spanish tax rules interact once you relocate, particularly after Brexit.
Understanding when you become tax resident in Spain, what income must be declared, and how the UK–Spain double taxation agreement works is essential to avoiding costly mistakes.
This guide provides a detailed overview of the key UK and Spanish tax considerations for people moving from the UK to Spain. It is designed to help you understand the rules, the timing and when professional advice may be appropriate.
We also have more detailed guides about both Spanish and UK tax obligations for expats in our tax library.
Disclaimer
This article is for general information only and does not constitute tax, legal or financial advice. Tax rules are complex and depend on individual circumstances. You should seek professional advice before making decisions or submitting tax returns.
Tax residency: when Spain considers you resident
Your tax position changes significantly once you become resident in Spain. In general, you are considered Spanish tax resident if any of the following apply:
- You spend more than 183 days in Spain during a calendar year
- Your main centre of economic interests is in Spain
- Your spouse and dependent children are resident in Spain
Spanish tax residency is assessed on a calendar-year basis (i.e 1st January to 31st December), not the UK tax year. This timing difference alone can create complexity in your first and final years of residence.
Once you are Spanish tax resident, Spain has the right to tax your worldwide income and assets, subject to the provisions of the UK–Spain double taxation agreement.
UK tax position after leaving the UK
Leaving the UK does not automatically end your UK tax obligations. Your ongoing UK tax position depends on your residency status under the UK Statutory Residence Test and the type of income you continue to receive.
Common UK income sources that may remain taxable in the UK include:
- UK property rental income
- UK government pensions
- Certain UK employment income, depending on duties and location
Other income, such as private pensions and investment income, may shift to Spanish taxation once you become resident there.
Split Year Treatment in the UK
In some cases, the UK may allow split year treatment in the year you leave, meaning you are treated as UK resident for part of the tax year and non-resident for the remainder. Split year treatment is not automatic and only applies if specific conditions are met.
Spain does not operate a formal split year system in the same way. This can result in overlapping tax exposure in the year of arrival, making planning and timing particularly important.
The UK–Spain double taxation agreement
The UK–Spain double taxation agreement exists to prevent the same income being taxed twice. It determines which country has primary taxing rights over different types of income and provides mechanisms for relief where tax has already been paid.
Key points include:
- Employment income is generally taxed where the work is performed
- Private pensions are usually taxable in the country of residence
- Government pensions are typically taxed in the paying country
- Rental income is usually taxed where the property is located
Although the treaty provides relief, it does not remove reporting obligations. Income often still needs to be declared in both countries, with credits or exemptions applied.
Spanish income tax: what must be declared
Spanish tax residents must declare worldwide income, including:
- Employment and self-employment income
- UK and overseas pensions
- Rental income from UK or other foreign property
- Interest, dividends and investment income
Spanish tax rates are progressive and vary slightly by autonomous region. In addition to state tax, regional tax bands apply, meaning your location within Spain can affect your overall liability.
Spanish wealth tax and asset reporting
Spain has additional reporting and wealth-related obligations that often surprise new arrivals.
Some regions apply Spanish Wealth Tax, which is based on the value of worldwide assets above certain thresholds. Exemptions and allowances vary by region.
Separate from tax itself, residents may be required to file asset declaration forms for overseas assets, including bank accounts, investments and property. Penalties for non-compliance can be severe, even where no tax is due.
Tax treatment of pensions and retirement income
UK pensions are a major area of concern for British nationals moving to Spain.
- The UK State Pension is taxable in Spain once you are resident
- Private and workplace pensions are generally taxable in Spain
- Lump sums and drawdown arrangements may be taxed differently than in the UK
Spain does not recognise many UK pension tax advantages in the same way, making pre-move planning particularly important.
Capital gains tax
Spanish tax residents are liable to Spanish Capital Gains Tax on worldwide disposals, including UK property and investments. Timing a sale before or after becoming resident can have significant tax consequences.
UK Capital Gains Tax may still apply in some situations, with relief available under the tax treaty.
Common tax mistakes when moving to Spain
Many issues arise because people assume UK rules continue to apply or underestimate Spain’s enforcement approach. Common mistakes include:
- Failing to register tax residency correctly
- Missing Spanish filing deadlines
- Assuming UK tax paid removes Spanish reporting obligations
- Ignoring wealth tax or asset declarations
- Not planning for currency exposure on income and assets
Tax checklist for moving from the UK to Spain
- Confirm when you become Spanish tax resident and how this aligns with the UK tax year
- Review your UK residency status under the Statutory Residence Test
- Identify all income sources (pensions, rent, investments, employment) and where they will be taxed
- Understand how the UK–Spain double taxation treaty applies to your income
- Check whether split year treatment may apply in your year of departure
- Review UK pensions and how they will be taxed once resident in Spain
- Assess capital gains exposure before selling property or investments
- Understand Spanish wealth tax rules and whether they apply to you
- Prepare for overseas asset reporting obligations in Spain
- Consider currency exposure on income, assets and future tax payments
- Speak to a Spanish tax specialist before submitting returns or making irreversible decisions
When to seek professional advice
Before making any final decisions about moving to Spain, it is worth getting Spanish tax advice to ensure you fully understand your obligations and potential liabilities. Tax residency, reporting requirements and the interaction between UK and Spanish rules can have long-term consequences if handled incorrectly.
Booking a consultation with a Spanish tax specialist can help you get clear, tailored answers to your questions based on your personal circumstances, allowing you to move forward with greater confidence. They will be able to help clarify if you:
- Are unsure when you become tax resident
- Have UK rental property or investments
- Receive pension income from multiple sources
- Are planning to sell assets around the time of your move
- Hold significant assets outside Spain
Early advice can help avoid penalties, reduce unnecessary tax and give you confidence that, when you move, you will be fully tax compliant in both jurisdictions.