Investor with €2M gains plans move to Andorra

An investor with €2M capital gains at broker IG considers moving to Andorra, facing the 183-day rule and tax evasion risks.

Deutsch · Ursprüngliche Diskussion auf Spanisch · Veröffentlicht

Investor with €2M gains plans move to Andorra
Two million in the broker and a ticket to Andorra that doesn't add up

Two million euros in capital gains, a foreign broker, and a half-packed suitcase. The case described is that of an investor who earned this amount with two trades between 2019 and 2020, recently sold the positions, and still keeps the money in his IG account. His plan: move to Andorra, rent an apartment, apply for residency after six months, open an account in a bank in the Principality, and withdraw the funds there to pay Andorran tax instead of Spanish tax. On paper, the savings are hundreds of thousands of euros. In practice, the schedule has already gone wrong before starting.

How much does it cost in Spain to earn two million on the stock market?

The Spanish bill is calculated on the capital gain within the IRPF (personal income tax) savings category. A calculation circulating around the case places it between €500,000 and €550,000, based on a 25% rate, with the warning that some proposed raising it to 28%. These are painful figures, and they explain why many private investors have normalized the idea of changing their tax residence.

The problem is the order of factors. Almost all plans are built backwards: first you sell, then you decide where to pay tax. And in that interval, the money has already generated the taxable event in Spain.

Why is moving to Andorra no longer useful for this fiscal year?

Because the calendar year ends before the rental contract is signed. Spanish tax residence rests on the 183-day criterion: anyone who has spent more than that number of days in Spanish territory during the year pays tax here on their worldwide income. If the move is planned mid-year, the person concerned has already spent more than half the year in Spain, and the relocation does not exempt them from anything.

The repeated recommendation is obvious: leave in January and stay abroad until July 1st of the trinc year. Any other schedule is throwing money away. The big tax hit cannot be dodged with an ill-timed move.

Is it easy to get Andorran residency or nationality?

No, and confusing the two is the most common mistake. Nationality is a Via Crucis: 20 years of uninterrupted residence, 15 for those born abroad with an Andorran grandfather, or 3 years if accompanied by marriage to a national. Residency, however, is achieved by proving the correct procedures, minimum stay, and required capital.

Here appears an economic requirement often overlooked: one version of the matter points out that €200,000 more would be missing to meet passive residency requirements. And a sociological detail repeated with irony: the entire country has about 30,000 inhabitants. It is not Switzerland. It is a valley with banks and good ski slopes.

When does the undeclared year prescribe and when does it become a crime?

The clock runs in favor of the administration for four fiscal years. After that period, the right to claim is lost. But the individual is left without a safety net if the amount exceeds certain thresholds: references of €120,000 in damage are used to speak of tax fraud, and €200,000 in net fraud to enter the incivil route. With two million at stake, neither scenario is theoretical.

And prescription does not stop by changing countries. For the 2020 fiscal year, a deadline date is pointed to around mid-2025, with doubts about whether the shift to incivil proceedings extends the deadlines.

Can a foreign broker hide the operation from Hacienda?

Less and less. European intermediaries are obliged to report positions and returns, and automatic data exchange between administrations has turned the opaque banking of yesteryear into a relic. Andorra ceased to be considered a tax haven, and accounts peine there are reported. Those who have operated with the same broker for a decade and declare every gain point in the same direction: the data arrives. Intermediary discretion is not a tax strategy.

Where do two million come from: the clue is in a single trade

The trail of the capital gain leads to a single name, Novavax. The entry was made with about €50,000, and the cross-check calculation points to a multiplier close to 40 times, which would match the final result. Details of a second trade have not emerged; the protagonist of the case has not shared them.

The cited Andorran rates are also not an absolute paradise. There is talk of an IRPF around 10% in one case and a maximum rate of 26% above €200,000 in another, without wealth tax and with capital gains integrated into income. Even in the most expensive scenario, the difference with Spain remains notable. No one disputes that.

One can debate the design of the tax, the level of public spending, or whether pursuing an individual with more severity than a corporate network makes sense. However, the case ends where it began: two million, a broker, and a suitcase. And a disorienting fact. If the goal was nationality and not just residency, the bill is not paid in euros. It is paid in twenty years.

Auch verfügbar auf: English

Zusammenfassung einer Diskussion auf Burbuja.info - Foro de economía, actualidad y política., aus dem Spanischen übersetzt und vor der Veröffentlichung geprüft. Die ganze Diskussion lesen (180 Antworten).

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