By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
29th of December 2022

The Digital Nomad Visa was approved in Spain on the 23^rd of December 2022.

The DNV is extensive to family members i.e. spouse and children under the age of 18 years old.

It allows you to work remotely from Spain.

The main advantage of a DNV is that it grants its applicants a special tax regime whereby they pay very few taxes as opposed to the standard IRPF (personal income tax) sliding scale.

Applications are now open for this visa. Please contact us to get the ball rolling.

Our law firm has a track record of 100% attaining Spanish residency permits.

Main advantages

• Five-year residency permit. Initially on a one-year application, followed by two-year renewals up to a total of 5 years. The visa extends to the family of the main applicant.
• Allows you to work in Spain remotely. Moreover, it encourages you to work in Spain, specifically remotely with your laptop (or desktop).
• Allows you to legally override the 90/180-day rule that limits stay in Spain (and by extension in the Schengen Area/EU).
• Tax breaks for the foreign employer (if it has an establishment in Spain)
• Tax breaks for the employee (DNV applicant). This is the core advantage. It basically applies a privileged non-domiciled tax scheme to visa holders that allows them to pay a flat tax rate of only 24% on the first €600,000 of gross annual earnings over a five-year period.

Requirements

• You need to prove you are hired by a foreign company. This is the core requirement.
• You need to prove you have formal academic qualifications i.e. a university degree, business school or professional qualification.
• You need to prove you have at least 3 years of work experience.
• Not to have resided in Spain in the previous 5 years.
• Not to obtain income from a permanent establishment in Spain.

If you wish to apply for a DNV, our law firm offers this visa service: Digital Nomad Visa

MySpainResidency has a 100% track record of attaining Spanish residency

At MySpainResidency, we have assisted hundreds of EU and non-EU nationals to successfully attain a Spanish residency permit.

Interested? Come and speak to our friendly staff who will be pleased to guide you through the different residency options, choosing the one that appeals to you most. Your family’s success is only one call away.

Email: info@myspainresidency.com 

By Raymundo Larraín Nesbitt

14th October 2022

In a nutshell, the Digital Nomad Visa (DNV, going forward) introduces great tax breaks (for both employers and employees), streamlines the visa procedure (reducing waiting times), it allows for greater freedom, and most fundamentally reduces the admin control on applicants

This visa is tailor made for high achievers enticing them with one-of-a-kind tax breaks. Frankly, it doesn’t get any better than this.

It’s no secret the expectation for the approval of this visa is through the roof. It is hands down the most anticipated visa. For the avoidance of doubt, the DNV is in its last stages of approval, so it is still a draft bill. We expect it to be passed over the next months. Personally, I believe the DNV will in time become the second most sought-after visa following the coveted Golden Visa. 

I collate below in bullet points its main advantages and requirements, but with the caveat that some of the highlighted points below may yet be modified by lawmakers on being enacted.

Main advantages

• Five-year residency permit. Initially on a one-year application, followed by two-year renewals up to a total of 5 years. The visa extends to the family of the main applicant.
• It allows you to work in Spain remotely. Moreover, it encourages you to work in Spain, specifically remotely with your laptop (or desktop if you happen to be a dinosaur like me). Unlike other Spanish residency permits (i.e. Non-Lucrative Visa which bans you from working in Spain, even remotely) this visa actively promotes you working in Spain (remotely).
• Allows you to legally override the 90/180-day rule that limits stay in Spain (and by extension in the Schengen Area/EU.
• Tax breaks for the foreign employer (if it has an establishment in Spain).
• Tax breaks for the employee (DNV applicant). This is the core advantage. It basically applies a privileged non-domiciled tax scheme to visa holders that allows them to pay a flat tax rate of only 15% on the first €600,000 of gross annual earnings over a five-year period. Over and above said threshold, they are taxed at the standard top marginal rate of 47%. This greatly empowers digital nomad visa holders to legally circumvent the standard IRPF tax sliding scale that applies to the rest of us punters who are tax resident in Spain. Ah yes, so much for equality.
• The legal limitation to benefit from the non-dom tax scheme of 5 years is waived and extended up to 10 years.
• The standard limitation of not having being resident in Spain over the previous 10 years is reduced to only 5 years.

Requirements

• You need to prove you are hired by a foreign company. This is the core requirement. I.e. a freelance IT artist with a contract.
• You need to prove you have formal academic qualifications (i.e. 3-year university degree).
• You need to prove you have at least 3 years of work experience.

In conclusion

The Digital Nomad Visa addresses a gap for high-end professionals that wish to relocate to Spain, alone or with their families, and enjoy all the country has to offer, including ultra-low taxes, regardless of where they settle down in Spain.

In effect, you get the best of both worlds; you get to enjoy all the perks of being resident in Spain albeit you are fiscally treated as a non-resident, paying (significantly) fewer taxes.

In my book, that’s a win-win.

Once approved, our law firm will offer this visa service: Digital Nomad Visa

MySpainResidency has a 100% track record of attaining Spanish residency

At MySpainResidency, we have assisted hundreds of EU and non-EU nationals to successfully attain a Spanish residency permit.

Interested? Come and speak to our friendly staff who will be pleased to guide you through the different residency options, choosing the one that appeals to you most. Your family’s success is only one call away.

Email: info@myspainresidency.com 

Tel: (+34) 951 894 675

By Raymundo Larraín Nesbitt

1^st of August 2022

A staple requirement across all visa types in Spain (including a Golden Visa) is that applicants need to secure private health cover from a Spanish-based provider. This requirement is in place to avoid applicants claiming benefits or using the Spanish public healthcare services.

As a general rule, Spanish healthcare companies do not accept applicants over the age of 70 years old. Very few accept from 70 to 75, and none over 75 years old. The impact of this cannot be understated. In effect, this means that applicants aged 75, or over, are barred in practice from applying for a Spanish visa.

Bottom line, if you and your loved ones plan at some point to retire to Spain and apply for residency, please plan ahead to ensure you do so before you hit the ages of 70 -75 years old.

MySpainResidency has a 100% track record attaining Spanish residency

At MySpainResidency, we have assisted hundreds of EU and non-EU nationals to successfully attain a Spanish residency permit.

Interested? Come and speak to our friendly staff who will be pleased to guide you through the different residency options, choosing the one that appeals to you most. Your family’s success is only one call away: (+34) 951 894 675

By Raymundo Larraín Nesbitt

Director of Larraín Nesbitt Abogados

8^th of April 2022

War, Covid-19, high taxes, lousy weather, living new experiences, enjoying quality of life, etc There are simply too many reasons to collate on why people decide to pack up and move over to Spain.

It is undeniable that the virus outbreak has changed and shaped our mentality redefining our outlook on life. Millions of workers the world over have taken time to sit down and reflect upon their lives. Thousands have handed in their resignation and have made the decision to set up shop in Spain.

Spain has so much to offer that it comes as no surprise how over the last two years dozens of thousands of talented individuals, and their families, have made the move and are now living the (great) life in Spain. As a result of this large influx of foreign remote workers, the Spanish Government has seen fit to approve a bill that further improves and expands work conditions to attract talented immigrants: Spain’s new Entrepreneur Law.

In this short article, I give some basic pointers so you can plan ahead:

1. Residency permit. Whether you belong or not to the European Union, if you spend more than 90 consecutive days in Spain within a calendar year, you need to apply for a residency permit. The main difference is that EU nationals are fast-tracked and can easily attain one at a very competitive cost. Non-EUs (i.e. British) are required to attain a visa to bypass the dreaded 90/180-day rule. We cover the topic of all the visas available in our in-depth immigration article: How to spend over 90 days in Spain – Residency visa overview.

1. Work permit. EU nationals can automatically work in Spain without any further red tape, but what about non-EUs? Non-EUs require a work permit to work in Spain. Not all visas have associated a right to work in Spain. Visas which do are: Golden Visa, Marriage Visa, Business Visa, Work Visa. A Student Visa does not allow you to work but you can do internships in companies. A new visa will be approved further on this year which is the optimal choice for remote workers: digital nomad visa. It has associated significant tax

1. Taxation. Spain is not a uniform country. It is comprised by a series of nations that speak their own regional languages, have their own cultural heritage and bear their own idiosyncrasy. Spanish is the official language that applies nationwide, but there are four other languages that are also used regionally. As a result of this diversity, regions have devolved competencies on several matters, including taxation. This is extremely relevant, as there are huge variations (understatement) when it comes to taxing legal or physical persons on income tax, inheritance, gift tax etc. Some regions are tax-friendly (Andalusia, Madrid), with ultra-low taxation, whereas other regions in Spain have very high taxes in place. Before you make the move to Spain, for your own sake, make sure you have researched the taxation of the region you pick.  
2.  
3. Climate. Spain has a diverse climatology, it’s not all sun and palm trees. As a general rule, Mediterranean coastal areas have a pleasant and mild all-year-round weather. Inland and Atlantic coastal areas are cold and rainy with sharp contrasts in temperature between winter and summer.

1. Language. You know that Spanish you learnt in secondary? Well, it may be for naught if you choose the wrong region in Spain. As written above, in Spain we have four co-official languages besides Spanish. In some regions, with strong nationalist views (read separatist) Spanish is shunned and they do not even use it on official administrative procedures or schools. Please ensure the region of Spain you pick actually does use Spanish. This is obviously a non-issue for those that don’t speak Spanish.

1. Accommodation. The best advice I always give is that when you have chosen an area to settle down in, before you commit buying any property, you should rent out a place for 4 to 6 months. Bear in mind, tourist hotspots change dramatically from low to high season. That quiet shack on the beach next to you, that remains shut all winter, springs into life during the summer season with booming latino music for 3 months non-stop!

To close, I add my shameless plug on the beautiful region of Andalusia, which ticks all the boxes above! This could be your new life in Spain: The Passion of Andalusia.

MySpainResidency has a 100% track record attaining Spanish residency

At MySpainResidency, we have assisted hundreds of EU and non-EU nationals to successfully attain a Spanish residency permit.

Interested? Come and speak to our friendly staff who will be pleased to guide you through the different residency options, choosing the one that appeals to you most. Your family’s success is only one call away: (+34) 951 894 675

Lawyer Raymundo Larraín highlights the main advantages of a Spanish Golden Visa.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 19 years’ taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2022. Plagiarism will be criminally prosecuted.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
21st of March 2022
 

Introduction

The Spanish Golden Visa is a success story.

Spain has become the number one Golden Visa provider in the European Union since it was introduced in 2013.

Out of all the visas available in Spain, it is hands down the one that offers the most perks, including one which is exclusive to it (explained below) and which strongly appeals to affluent investors.

Europe, cradle of democracy, is chosen every year by thousands of wealthy non-EU individuals as it provides a clear and stable legal and tax framework that allows freedom, nurtures ingenuity, and upholds property rights.

Thousands of non-EU nationals have already secured their families’ future and well-being on benefiting from this special arrangement that rolls out the red carpet cutting through all the admin red tape.

Spain’s Golden Visa is a success story, be a part of it!

8 Reasons on why you should apply for a Golden Visa in Spain

I’ll list the main benefits as bullets points for ease of comprehension, simplifying where necessary.

• A Golden Visa does not automatically make you tax resident in Spain, unlike every other visa in Spain. This is a unique advantage exclusive only to GVs. No other visa in Spain shares this unique trait. Only for this reason, affluent investors will find it most appealing if they do not fancy paying taxes in Spain.
• Allows you to override the 90/180-day that limits stay in Spain (and by extension in the Schengen Area/EU).
• You can work in Spain. Unlike other visas, which ban you from working in Spain, a GV allows you, and your family, to work in Spain if you wish. Working is optional.
• Allows you unfettered access to Spain. You can enter and leave the country as you please, even overriding Covid flight bans, as you will hold a select residency permit that few people have.
• No minimum stay is required. Fancy staying one night only? A Golden Visa has you covered. You can spend as little as one day, or the full year round in Spain, at your choice.
• Family is included as dependents.
• Leads to permanent residency (optional).
• Leads to Spanish citizenship (optional).

Conclusion

If you can afford one, it is hands down the best visa to have in Spain.

The good news is that you may already qualify unbeknownst to you! You see, Golden Visas apply retrospectively. If you have invested in Spain €500,000 in real estate on or after the 28^th of September 2013, you may already pre-qualify for one!

Over the last year I have come across multiple people who hadn’t realized they already qualified for a Golden Visa. This is because they already owned property in Spain, which allows them the opportunity to apply for one, if they fancied.

Interested? Come and speak to MySpainResidency, our friendly staff who will be pleased to guide you through Spain’s Golden Visa programme. On applying for a Golden Visa, we assign you one of our immigration lawyers, who will be assisted by one of our in-house visa specialists, guiding and hand-holding you through the whole procedure. A Golden Visa takes under 2 months to attain.

At MySpainResidency, we have made true the dreams of hundreds of non-EU investors, and their families, assisting them to attain a Golden Visa since its inception in 2013. You can browse our clients’ visa testimonials here.

Your family’s success is only one call away: (+34) 951 894 675

Golden Visa Service *

*includes one family unit

“Democracy owes its existence to Christianity.” – Robert Schuman

Jean-Baptiste Nicolas Robert Schuman (1886 – 1963). Was a French statesman. Schuman was a Christian Democrat (Popular Republican Movement) political thinker and activist. Twice Prime Minister of France, a reformist Minister of Finance and a Foreign Minister, he was instrumental in building post-war European and trans-Atlantic institutions and was one of eleven Founding Fathers of the European Union, the Council of Europe, and NATO. Upon retiring, the European Parliament bestowed on him the title of Father of Europe.

Schuman’s generation was indelibly marked by the harrowing events of WWII and would go to great lengths to ensure such bloodshed would never take place again in European soil. To this end, the Union was conceived; a supranational political entity that safeguards peace & freedom within its borders and which does not seek dominion over others, preserving each Member state’s idiosyncrasy, united but not absorbed. It is hands down the greatest political achievement of all time and a living testament to those eleven men that made it possible.

In fact, all Founding Fathers of the Union were Christian, which explains the thoughtful choice of Rome - bedrock of Christianity - to sign in 1957 the EEC’s Foundational Treaty, a forerunner of what in time would be known to us as the European Union, or Union.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.022 © Raymundo Larraín Nesbitt. All Rights Reserved.

Article copyrighted © 2022. Plagiarism will be criminally prosecuted.

By Raymundo Larraín Nesbitt

Lawyer - abogado

1^st of March 2022

Increasingly, more and more people are realizing that applying for Spanish residency has in fact tax consequences. I keep seeing this mistake being made over and over again.

A common misunderstanding on applying for Spanish residency is the matter of tax residency.

I have witnessed how several companies and so-called ‘advisors’ purposely missell residency permits in Spain without properly disclosing to applicants the tax implications of their decision.

I’ve written again another short article on this matter as a gentle reminder.

The golden rule: Spanish residency permit = Spanish tax residency

Although – technically – it is true that admin residency and tax residency are two separate legal concepts, the fact is they eventually go hand in hand in most cases.

As a general rule, the following golden rule applies:

Spanish residency permit = Spanish tax residency

Without going into detail on the whys and why not's, the reason is that as a staple requirement all visas in Spain require on renewals you categorically prove you have lived in Spain long term; defined as spending over 183 days within a calendar year in Spanish territory.

The tax implication of this is that it automatically triggers tax residency in Spain.

Example: Mr. Smith applies and attains a Non-Lucrative Visa in May 2021 to avoid the pesky 90/180-day rule. In the following year (2022), unbeknownst to him, he must file personal income tax in Spain (IRPF) on the previous year because he has now become a Spanish tax resident (depending on the case, he may also need to file a 720).

If Mr. Smith challenges the tax residency status, on grounds that he did not spend over 183 days in Spain during 2021, he will be stripped of his residency permit.

In other words, they go hand in hand. You cannot have one without the other or your visa renewal will be turned down, period.

Is there any exception to this general rule?

Alas, yes.

It’s a special type of residency permit called Golden Visa (Investor Visa).

A GV allows its permit holder to bypass the 90/180-day rule. It also allows its holders' unfettered access to Spain. They may enter and leave as they please (even circumventing Covid restrictions).

Attaining a Golden visa, unlike every other visa in Spain, does not automatically make you tax resident in Spain and the reason being is because renewals are not tied to proving you live in Spain long term (which triggers tax residency), but rather that you have maintained the investment over time in Spain.

This nuance is extremely important and goes on to explain why Golden Visas are so special and why they are so sought after by affluent applicants as they do not preclude your tax residency on application.

As a recap, a Golden Visa allows you:

• 1. To legally bypass the 90/180-day rule
• 2. Unfettered access to Spain
• 3. Do not automatically make you tax resident in Spain (unlike every other visa in Spain)

MySpainResidency has a 100% track record attaining Spanish residency

At MySpainResidency, we have assisted hundreds of EU and non-EU nationals to successfully attain a Spanish residency permit.

Interested? Come and speak to our friendly staff who will be pleased to guide you through the different residency options, choosing the one that appeals to you most. Your family’s success is only one call away: (+34) 951 894 675

Residency services available from Myspainresidency:

• Golden Visa (investor's visa)
• Lucrative Visa (business visa)
• Non-Lucrative Visa (pensioner’s visa)
• EU-family regrouping (marriage visa)
• Spanish Residency permit for EU nationals (includes TIE card & NIE number)

Related visa articles

• Investor Guide to Spain’s Golden Visa Law – 8th November 2013
• Spanish Golden Visa (New York Times – China edition) – 8^th July 2015
• Golden Visa Spain – 8th June 2017
• Golden Visa Spain ­­– 8/8/18
• Golden Visa Spain: 10 frequently asked questions – 8th October 2019
• Relocating to Spain? We offer a wide range of Immigration & Residency services – 8th January 2020
• Golden Visa for British investors – 21^st January 2021
• Spanish Golden Visa for British, it’s retroactive! – 8^th February 2021
• EU-family regrouping (Marriage Visa) – 8^th March 2021
• Lucrative visa (self-employed) – 8^th April 2021
• Non-lucrative visas explained – 8^th May 2021
• How to spend over 90 days in Spain – Residency visa overview – 21^st May 2021
• I want a Spanish visa, but I don’t want to pay any taxes in Spain – 1st August 2021
• Is age a thing on requesting a Spanish residency permit? – 11th November 2021
• Spanish residency permits and tax residency – 21^st January 2022
• Spanish admin residency = Spanish tax residency – 1^st March 2022

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.022 © Raymundo Larraín Nesbitt. All Rights Reserved.

Article copyrighted © 2022. Plagiarism will be criminally prosecuted.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
21^st of January 2022

A common misunderstanding on applying for Spanish residency is the matter of tax residency.

I have witnessed how several companies and so-called ‘advisors’ are misselling residency permits in Spain without property explaining and disclosing to applicants the tax implications of their decision.

I’ve written this short article to cast some light on this and clarify once for all this topic.

Spanish residency and tax residency

Although – technically – it is true that admin residency and tax residency are two separate legal concepts, the fact of the matter is that eventually they go hand in hand in most cases.

As a general rule the following applies:

Spanish residency permit = Spanish tax residency

Without going into detail on the whys and whynot’s, the reason is because as a staple requirement all visas in Spain require on renewals you categorically prove you have lived in Spain long term; defined as spending over 183 days within a calendar year in Spanish territory. The tax implication of this is that it automatically triggers tax residency in Spain.

Example: Mr Smith applies and attains a Non-Lucrative Visa in 2021. On the following year (2022), he must file personal income tax in Spain because he has now become a Spanish tax resident.

If Mr Smith challenges the tax residency status on grounds that he did not spend over 183 days in Spain during 2021, on his visa renewal, he will be stripped of his residency permit.

In other words, they go hand in hand. You cannot have one without the other or you visa renewal will be turned down.

Are there any exceptions to this general rule?

Yes, it’s a special type of residency permit called Golden Visa (investor visa).

A GV allows its permit holder to bypass the 90/180-day rule. It also allows its holders unfettered access to Spain. They may enter and leave as they please (even circumventing Covid restrictions).

Attaining a Golden visa, unlike every other visa in Spain, does not automatically make you tax resident in Spain and the reason being is because renewals are not tied to proving you live in Spain (which triggers tax residency), but rather that you have maintained the investment over time in Spain.

This nuance is extremely important and goes on to explain why Golden Visas are so special and why they are so sought after by affluent applicants.

As a recap, Golden Visas allow you:

• To bypass the 90/180-day rule
• Unfettered access to Spain
• Do not automatically make you tax resident in Spain (unlike every other visa)
•  

MySpainResidency has a 100% track record attaining Spanish residency 

Related articles

• Investor Guide to Spain’s Golden Visa Law – 8th November 2013
• Spanish Golden Visa (New York Times – China edition) – 8^th July 2015
• Golden Visa Spain – 8th June 2017
• Golden Visa Spain ­­– 8/8/18
• Golden Visa Spain: 10 frequently asked questions – 8th October 2019
• Relocating to Spain? We offer a wide range of Immigration & Residency services – 8th January 2020
• Golden Visa for British investors – 21^st January 2021
• Spanish Golden Visa for British, it’s retroactive! – 8^th February 2021
• EU-family regrouping (Marriage Visa) – 8^th March 2021
• Lucrative visa (self-employed) – 8^th April 2021
• Non-lucrative visas explained – 8^th May 2021
• How to spend over 90 days in Spain – Residency visa overview – 21^st May 2021
• I want a Spanish visa, but I don’t want to pay any taxes in Spain – 1st August 2021
• Is age a thing on requesting a Spanish residency permit? – 11th November 2021

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.022 © Raymundo Larraín Nesbitt. All Rights Reserved.

From the team at Myspainresidency, we wish all our clients and friends a Merry Christmas and a Happy New Year!

We will reopen for business on the 7th of January 2022.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 18 years’ taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists has a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2021. Plagiarism will be criminally prosecuted.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
11^th of November 2021

Officially no, in practice there are some snags.

The reason being is that all visa permits, including a Golden Visa, have as a staple requirement in Spain that an applicant must hire private health insurance from a Spanish-based company.

Most Spanish health providers do not insure applicants over the age of 70 years old. None insure over the age of 75 years old full cover, at least to our knowledge.

This in practice translates indirectly to vetting any applicant over the age of 75 y.o. In effect, no candidate over 75 is eligible for Spanish private healthcare which in turn means your visa application is simply thrown out and you fail one of the core requirements common to all visa permits in Spain.

So, if you are thinking of making the move to Spain, at some point in your life, please, for your own sake, make sure you do not leave it until it is too late. Always apply for Spanish residency permits under the age of 75 y.o.; I would even go further, recommending the age of 70 to be on the safe side.

LNA has a 100% track record attaining Spanish residency

Larraín Nesbitt Lawyers, small on fees, big on service.

At Larrain Nesbitt Abogados, we have assisted hundreds of EU and non-EU nationals to successfully attain a Spanish residency permit.

Interested? Come and speak to Larraín Nesbitt Abogados’ friendly staff who will be pleased to guide you through the different residency options, choosing the one that appeals to you most. Your family’s success is only one call away: (+34) 952 19 22 88.

Residency services available from LNA

• Golden Visa
• Lucrative visa (business visa)
• Non-lucrative visa (pensioner’s visa)
• EU-family regrouping (marriage visa)
• Spanish Residency permit for EU nationals (includes TIE card & NIE number)

Related visa articles

• Investor Guide to Spain’s Golden Visa Law – 8th November 2013
• Spanish Golden Visa (New York Times – China edition) – 8^th July 2015
• Golden Visa Spain – 8th June 2017
• Golden Visa Spain ­­– 8/8/18
• Golden Visa Spain: 10 frequently asked questions – 8th October 2019
• Relocating to Spain? We offer a wide range of Immigration & Residency services – 8th January 2020
• Golden Visa for British investors – 21^st January 2021
• Spanish Golden Visa for British, it’s retroactive! – 8^th February 2021
• EU-family regrouping (Marriage Visa) – 8^th March 2021
• Lucrative visa (self-employed) – 8^th April 2021
• Non-lucrative visas explained – 8^th May 2021
• How to spend over 90 days in Spain – Residency visa overview – 21^st May 2021
• I want a Spanish visa, but I don’t want to pay any taxes in Spain – 1st August 2021

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. No delusional separatist politician was harmed on writing this article. VOV.

2.021 © Raymundo Larraín Nesbitt. All Rights Reserved.

Article copyrighted © 2021. Plagiarism will be criminally prosecuted.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
1^st of August 2021

More and more non-resident foreigners are enquiring on the different types of visa available to circumvent the pesky 90/180-day rule that aggravates us in a post-Brexit  world.

A question we get, almost on a daily basis, is as follows: “I want a Spanish visa, but I don’t want to pay any taxes in Spain, I don’t want to become tax resident in Spain. I want to continue to pay taxes in my home country.”

This is a bit like saying you want to get married but want none of the fights and commitments that go with it, you just want the good stuff. As its own name implies, attaining residency in Spain means you are applying for an admin permit to live all year round in Spain (to bypass the 90/180-day rule). However, the tax implication of this is that indirectly it may trigger tax residency in Spain should you remain more than 183 days a year in Spain within a tax calendar.

The fact is that visa renewals are tied to proving you live in Spain long term, which indirectly will trigger tax residency in Spain. If you are unable to prove you are in fact living in Spain long term, your visa renewal will simply be turned down by Spanish Immigration Authorities. So, it’s a catch-22.

Spanish residency = tax residency in Spain  

But is it really closed to debate? No, there is a loophole.

The only exception to this general visa rule is the investor visa, popularly dubbed as the ‘Golden Visa’ (GV, for short). The reason being is that renewals of a GV are not tied to proving you live in Spain long term (which triggers tax residency), unlike every other visa in Spain, but rather on proving you keep the investment that made it possible to attain it in the first place. This is a very important nuance.

In plain English, a GV neatly bypasses the requirement to live in Spain all year round, which triggers tax residency. With a GV you can in fact spend as much, or as little, time as you fancy in Spain. So long as you do not spend more than 183 days a year in Spanish territory within a calendar year, you will not be regarded as tax resident in Spain (it should be noted other criteria may also apply to determine a taxpayer’s tax residency).

This is precisely what makes a Golden Visa the most coveted visa available in Spain, because of its unique ability to override (within the law) the 90/180-day rule and in tandem also not trigger tax residency in Spain. This distinctive ability, unique, not found in any other visa, makes it hands down the most sought-after visa in all of Spain.

Bottom line, if you want to apply for Spanish residency, but do not want to become tax resident in Spain, your only (legal) option is a Golden Visa, period. Every other visa type hinges on you categorically proving you live in Spain long term, which will trigger tax residency eventually.

Myspainresidency has a 100% track record attaining Spanish residency

At Myspainresidency, we have assisted hundreds of EU and non-EU nationals to successfully attain a Spanish residency permit.

Interested? Come and speak to our friendly staff who will be pleased to guide you through the different residency options, choosing the one that appeals to you most. Your family’s success is only one call away: (+34) 951 894 675.

Residency services available from Myspainresidency.com

• Golden Visa
• Lucrative visa (business visa)
• Non-lucrative visa (pensioner’s visa)
• EU-family regrouping (marriage visa)
• Spanish Residency permit for EU nationals (includes TIE card & NIE number)

Related visa articles

• Investor Guide to Spain’s Golden Visa Law – 8th November 2013
• Spanish Golden Visa (New York Times – China edition) – 8^th July 2015
• Golden Visa Spain – 8th June 2017
• Golden Visa Spain ­­– 8/8/18
• Golden Visa Spain: 10 frequently asked questions – 8th October 2019
• Relocating to Spain? We offer a wide range of Immigration & Residency services – 8th January 2020
• Golden Visa for British investors – 21^st January 2021
• Spanish Golden Visa for British, it’s retroactive! – 8^th February 2021
• EU-family regrouping (Marriage Visa) – 8^th March 2021
• Lucrative visa (self-employed) – 8^th April 2021
• Non-lucrative visas explained – 8^th May 2021
• How to spend over 90 days in Spain – Residency visa overview – 21^st May 2021
• I want a Spanish visa, but I don’t want to pay any taxes in Spain – 1^st August 2021

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. No delusional separatist politician was harmed on writing this article. VOV.

2.021 © Raymundo Larraín Nesbitt. All Rights Reserved.