UK pensions for expats in Spain: what you keep and what you lose

UK pensions for expats in Spain: what you keep and what you lose

Moving from the UK to Spain for retirement is a dream for thousands of British citizens every year. But moving abroad drops you into a different tax system with its own rules on what happens to your pension. To keep your years in the sun financially secure, let’s look closely at how the Spanish tax office and HMRC handle what you’ve built up.

The necessity of pre-move strategy

Many retirees assume they can sort out their finances after unpacking their boxes in Alicante or Malaga. In reality, comprehensive retirement savings planning and strategy needs to happen well before you board the flight, because a few timing mistakes can turn into five-figure tax bills once you’re on Spanish soil.

The clearest example is the UK pension commencement lump sum. In the UK, you can normally withdraw 25% of your private pension pot tax-free. Spain doesn’t recognise that tax-free status. If you take this lump sum after becoming a Spanish tax resident, Hacienda treats it as general income and taxes it on the progressive scale, which runs from 19% up to 47% at the national level, and can climb above 50% in some regions.

A partial reduction of 40% may apply to the portion of the fund built up from contributions made before 2007, but that’s a narrow exception rather than a rule on which to rely. For most retirees, drawing the lump sum before Spanish residency starts is the cleanest way to keep the tax-free status intact.

How Spain taxes your UK state pension

The good news is that your UK state pension follows you to Spain. You don’t lose your entitlement, and payments can go into a Spanish account in euros or a UK account in sterling.

Crucially, your state pension is fully uprated every year while you live in Spain. Under the EU-UK Withdrawal Agreement and the Trade and Cooperation Agreement’s social security protocol, which replaced the old EU coordination rules after Brexit, Spanish-resident retirees continue to receive the full annual uprating applied in the UK. For now, that means the triple lock increases each April. That sets Spain apart from countries like Australia or Canada, where the UK state pension is frozen at the rate at which it was first claimed.

The rules for private and government pensions

Private pensions

For workplace and personal pensions, the tax treatment depends on the type of scheme. Most standard occupational and private pensions are taxed solely in Spain once you’re resident there.

The UK will initially deduct tax at source, but you can stop this by obtaining a certificate of Spanish tax residence and submitting Form DT-Spain Individual to HMRC. The form must be certified by the Agencia Tributaria in Spain first to confirm your residency and then sent to HMRC. Once processed, your provider pays the pension gross, and you can also reclaim any UK tax already deducted.

If your UK pension funds exceed €50,000 in value, you’ll also need to declare them on Spain’s Modelo 720 annual foreign asset report, which is separate from your income tax return but just as important.

Government service pensions

These work under different rules. If you worked in UK central government, for a local authority, or in certain public roles such as police or fire service, your pension usually remains taxable only in the UK. Teacher and NHS pensions aren’t automatically covered, so it’s worth checking the specific scheme against HMRC guidance before assuming the government pension rule applies.

Spain won’t directly tax UK government service pensions, but you must still declare them on your annual Spanish return. Spain uses a mechanism called exemption with progression, meaning the pension counts towards your overall tax bracket and can push the rate applied to your other worldwide income higher.

Tax residency and the double taxation treaty

You become a Spanish tax resident if you spend more than 183 days in Spain during a calendar year, if your main base of economic activities is located there, or if your non-separated spouse and dependent minor children habitually reside in Spain. That third test catches more retirees than you’d expect, particularly where one partner moves first.

Once you cross that threshold, Spain has the right to tax your worldwide income, including all UK pensions and investment earnings.

To stop you paying tax to both countries on the same funds, the UK-Spain Double Taxation Treaty sets out which country has the primary taxing rights for each type of income. Where an income stream is subject to tax in both jurisdictions, you can claim a foreign tax credit in Spain to offset UK tax already paid.

Financial clarity before the move

Retiring to Spain offers an enviable lifestyle, but it needs a clear grip on how cross-border tax rules affect your retirement money. The choices you make about when to move and when to draw funds will directly decide how much of your wealth you indeed keep.

By working through the rules on state pension uprating, private pensions and the double taxation treaty early, you can structure your assets sensibly. Getting expert guidance before the move keeps you compliant with both HMRC and the Spanish tax office, so you can settle into retirement with the confidence that both sides are satisfied.

The value of your investments and the income from them may go down as well as up, and you could get back less than you invested. Past performance should not be seen as an indication of future performance.

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Property spotlight: Frigiliana

New build villa, between Nerja and Frigiliana

Up until now, all the locations that we’ve featured on our Property Spotlight series have been in England, Scotland or Wales. Today, we’re going a bit further afield and taking you to Frigiliana in Southern Spain.

Map of Spain and Portugal pinpointing FrigilianaFrigiliana is located just over 30 miles from Málaga airport. Flights from the UK (inc. Heathrow, Gatwick, Birmingham, Manchester and Glasgow) are cheap and frequent and take between 2½ and 3½ hours depending on the airport from which you fly.

I love the idea of having a tiny studio bolthole to get away to for a few days. This one has a stunning outlook and is in a really hidden spot. It’s currently under construction, so the buyer will be purchasing it ‘off plan’, so to speak. This means that they’d have their own choice of tiles, paint colours, fixtures & fittings etc from the outset. However, from my not terribly thorough online research, I’ve quickly discovered that the permitted usage of such an “Apero de Labranza” as a dwelling is nebulous to say the least… so buyer beware on this possibly ‘too cheap to be true’ option.

Property #2 is another type of Spanish dwelling – a cortijo – which is a traditional rural ‘farmhouse’ type building. I love the rustic feel with its rough walls and beamed ceilings, but it has a lovely little swimming pool… more of a plunge pool… perfect for those hot Spanish summer days!

The third property is a luxury villa with all the mod-cons a holidaying family (or families… plural) could need. Ample bedrooms & bathrooms, huge kitchen, gym, large pool, terrace and built-in bar… all topped off with great views of the mountains and sea!

Apero, between Frigiliana and Torrox

Apero, between Frigiliana and Torrox

Apero, between Frigiliana and Torrox

€89,000 – Apero, between Frigiliana and Torrox

Located between the two villages of Frigiliana and Torrox. This countryside apero is currently still under construction but will presented to the buyers fully finished. The benefit of this is that a buyer is able to choose their own tiles and paint finishes.

• The property will be presented finished
• Small private swimming pool
• Large private land of 1,938m2
• Studio layout

Cortijo, El Acebuchal

Cortijo, El Acebuchal

Cortijo, El Acebuchal

€225,000 – Cortijo, El Acebuchal

A rustic countryside cortijo located in the lower area of El Acebuchal, a small rural hamlet located inland, 8km from the village of Frigilana.

• Private pool
• Gated entrance
• 3 Bedrooms (2 double, 1 single)
• Wood-burning fire
• Beamed ceilings
• A/C in lounge
• Rustic kitchen with modern appliances
• Good condition throughout
• Countryside views

New build villa, between Nerja and Frigiliana

New build villa, between Nerja and Frigiliana

New build villa, between Nerja and Frigiliana

€1,250,000 – New build villa, between Nerja and Frigiliana

• 5 bedrooms
• 4 bathrooms
• gym
• private pool
• private terrace with outside bar
• 1,108m2

Designer Desire: Joan Carrillo Romero

Montage of Joan Carrillo ceramics

Joan Carrillo Romero was unknown to us until a couple of weeks ago when a vase of his was available at an auction we featured here on our blog.

Carrillo (b. 1948) is a ceramic artist who creates the most beautiful pottery items, especially vases. He hails from Campillos in Malaga, southern Spain. He studied drawing, painting and engraving at the School of Fine Arts in Olot, Girona. After graduating, his career began with a year working at the workshop of the capuchin Marià Vayreda. The following year – 1969 – he moved on to the workshop of the Serra brothers in Hospitalet de Llobregat, Barcelona.

In 1971, he set up his own workshop in the farmhouse where he lived in Riudaura, Girona. At the end of that decade, he co-founded the Cooperativa de Ceramistas Coure in Olot.

He has exhibited his work across Europe and in Japan, Taiwan and South Korea.

On the odd occasion, vintage Joan Carrillo pieces become available for sale at auction and on eBay and Etsy.

Portrait of ceramicist, Joan Carrillocredit

Additional image credits:
1st Dibs | Incollect | Ledondufel | Pamono

Get their look: Ethnic loft

Ethnic loftcredit

Sometimes, when you’re browsing the internet, an image of an interior just stops you in your tracks with its breath-taking beauty. That was the case with this gorgeous ethnic loft.

I’m not sure if it’s someone’s actual home as the photograph is from an interiors shop website. Most, if not all, of the items are for sale. The shop carries an international selection of stock; Moroccan leather poufs, Indian wooden bowls, Cameroonian tables, Balinese parasols and Zimbabwean baskets.

Zoco Home is a Finnish company however, their bricks & mortar concept store is located in Mijas, Spain, just south west of Málaga. We’ll be giving it a visit if we ever touch down in the Costa del Sol!

  1. Wooden vintage bowl, large
  2. Amane XL ceiling light
  3. Lantern, Medina
  4. Moroccan handmade tray
  5. PomPom blanket, white
  6. Moroccan leather pouf, white
  7. Rectangle pouf, white
  8. Square pouf, white

Get their look: Ethnic loft | H is for Home

Get their look

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Prices & links correct at time of publication.

Amane XL ceiling light
Amane XL ceiling light
Moroccan handmade tray
Moroccan handmade tray
Wooden vintage bowl, large
Wooden vintage bowl, large
PomPom blanket, white
PomPom blanket, white
Square pouf, white
Square pouf, white
Lantern, Medina
Lantern, Medina
Moroccan leather pouf, white
Moroccan leather pouf, white
Rectangle pouf, white
Rectangle pouf, white
Amane XL ceiling light
Amane XL ceiling light
Moroccan handmade tray
Moroccan handmade tray
Wooden vintage bowl, large
Wooden vintage bowl, large
PomPom blanket, white
PomPom blanket, white
Square pouf, white
Square pouf, white
Lantern, Medina
Lantern, Medina
Moroccan leather pouf, white
Moroccan leather pouf, white
Rectangle pouf, white
Rectangle pouf, white