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SPAIN AND THE UK

UK orders seizure of Spanish language school in London 

London’s High Court has ordered the seizure of a Cervantes Institute building in the British capital as payment for a debt of €120 million owed by the Spanish government to two international investors in relation to Spain’s so-called ‘sun tax’. 

UK orders seizure of Spanish language school in London 
The building London’s High Court has ordered to be seized as repayment to the two investors is the Vicente Cañada Blanch Spanish Institute on Portobello Road.   Photo: Instituto Cervantes/Wikipedia

The High Court of London on Wednesday gave full ownership of a Spanish language school in London’s Notting Hill to two investors who sued the Spanish State for damages in 2018 in relation to the controversial but now defunct ‘sun tax’. 

The German and Luxembourgish plaintiffs took Spanish authorities to court after their solar companies, which had invested heavily in solar plants in Granada in 2008 due to favourable incentives introduced by the then-ruling Socialists, incurred the loss of €120 million in potential earnings after a law was passed by the right-wing government of Mariano Rajoy in 2014.

The ‘sun tax’, or impuesto al sol, essentially saw anyone with solar panels in Spain pay more taxes as well have to give surplus energy to the national grid for free. 

At least 50 other international arbitration cases have been opened against the Spanish government for the reportedly €10 billion in losses incurred by investors, with the ruling Socialists’ attempts to stop the stream of litigation by scrapping the sun tax in 2018 proving futile.

The building London’s High Court has ordered to be seized as repayment to the two investors is the Vicente Cañada Blanch Spanish Institute on Portobello Road.   

This old Dominican convent is owned by the Spanish State and houses different Spanish learning institutions in the British capital, including a Spanish language school, the Cervantes Institute, Spain’s Distance University (UNED) and the Miguel de Cervantes Senior Centre.

Instituto Cervantes is a worldwide non-profit organisation created by the Spanish government to promote Spanish language learning across the globe. There are 87 language schools in 44 different countries across the five continents.

UK courts already froze the accounts of the Cervantes Institute in London in April 2023 in a bid to get the Spanish State to pay back damages to affected companies.

The Spanish Prime Minister’s private jet and state-owned Navantia shipping vessels in Australia could also be embargoed.

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PENSIONS

What Brits should know about SIPP and QROPS pensions if moving to Spain

This Q&A offers some key information on SIPP and QROPS pension plans for British pensioners thinking of retiring in Spain, to help them decide which option is better for them.

What Brits should know about SIPP and QROPS pensions if moving to Spain

Q: What are SIPPs?

A: SIPP stands for Self-Invested Personal Pension and is a UK-based pension plan. If you open an international SIPP then you can draw from this while you’re living in Spain.

Q: What is QROPS?

A: QROPS stands for Qualifying Recognised Overseas Pension Scheme. It allows you to transfer your UK pension out of the country. They are outside the UK tax regime, but must be inside the European Economic Area (EEA) if you want to avoid charges from HMRC. They also need to have similar rules and regulations to a UK-registered pension plan. Many QROPs from those wishing to retire to somewhere in Europe are transferred to Malta. As there is a dual tax treaty between Spain and Malta you will not be subject to Maltese tax when you draw your pension from there.

Q: What do I need to consider when opening a SIPP?

A: If you choose to open a SIPP, as it is self-invested, you will be responsible for managing it and making all the investment decisions. It is therefore best for those who already have some knowledge of investing or those who have the time and who are willing to put the work in to learn. It does, however, mean that you also have greater control and flexibility over your finances. You can choose to have the SIPP managed by a professional advisor, but of course this is an extra expense. Your SIPP could also be potentially subject to UK tax laws. 

Q: What do I need to consider when opening QROPs?

A: This is best for those wishing to cut all ties with the UK and permanently retire to Spain for the rest of their lives. You could lose UK domicile if you choose to do this and don’t have any other assets there, but it could mean you could also avoid UK inheritance tax. It’s also ideal if you wish your family also live outside of the UK

Q: I intend to return to live in the UK at some point in the future, which is best for me?

A: As SIPPs are UK-based, if you plan on returning there to live at some point during your retirement, that option is best. If you have QROPS, you could be subject to a large tax payment if you want to transfer it back to the UK.

READ ALSO: Six factors British people need to consider before retiring to Spain

Q: Which option will be cheaper for me?

A: SIPPs are generally cheaper than QROPs as you are managing it and investing yourself. If you choose someone else to manage it for you, however, this may not be the case.

Q: Will my SIPP be subject to tax in Spain?

A: Yes, if you are resident in Spain then you must follow Spanish tax regulations meaning that any withdrawals from SIPPs will be subject to income tax here. Pensions in Spain are subject to progressive tax rates ranging from 19 to 47 percent.  While SIPPs are also subject to UK tax rules, due to the double tax treaty between Spain and UK, you will not be taxed twice.

Q: Will my QROPS my subject to tax in Spain?

A: Yes, again if you’re resident in Spain you will be taxed on pension income. You must report income from a QROPS on your annual tax return. If you’re already a Spanish tax resident when you move your pension, it’s important to be aware that you’ll pay Spanish income tax on the whole value of the fund, therefore it’s much better to move it beforehand and then make your permanent move to Spain. 

Q: I want my pension to be paid in Euros to avoid exchange fees, which option will be best for me?

A: If you want to be paid in Euros, then QROPS will be the best as you will have completely transferred it out of the UK and into the EEA. This means that when you draw your pension, it will be paid out to you directly in Euros.

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