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MOVING TO SPAIN

Reader question: Can I be a non-resident for tax purposes with Spain’s non-lucrative visa?

The non-lucrative visa is one of the most sought-after methods third country nationals such as Americans, Chinese and now UK nationals use to be able to spend more than 90 days at a time in Spain. But does it involve having to become a tax resident?

Reader question: Can I be a non-resident for tax purposes with Spain's non-lucrative visa?
If you remain longer than 183 days in Spain, you are officially considered a tax resident. Photo: Selim Cetin/Pexels

Spain’s visado no lucrativo – colloquially referred to as the retirement visa in English-speaking spheres – is the preferred means for non-EU nationals with sufficient savings/income to get around the 90 out of 180 days rule. 

As the name suggests, your time and business in Spain has to be non-lucrative, so it’s not for people who intend to study, invest or work, but rather those who have the financial means to take care of themselves and their families, as well as their health costs. 

READ MORE: What you need to know about applying for Spain’s non-lucrative visa

So if you’re not working in Spain, surely you don’t need to pay taxes in Spain, right?

Surprisingly for some perhaps, you actually do. Spain’s non-lucrative visa is a residency visa, so you have to spend more than 183 days in the country for it to remain valid, especially if you want to renew it after the first year (the first visa lasts one year, the next two renewals last two, and after five years you can apply for a long-term visa). 

If you remain longer than 183 days in Spain, you are officially considered a tax resident.

Therefore, you have to pay income tax on your worldwide income and you should check if there are double taxation agreements between your country and Spain. 

If you buy a property in Spain, and especially if you let it out for part of the year, you will also be subject to tax. 

READ ALSO: What are the pros and cons of Spain’s non-lucrative visa?

It’s true that you could technically use this visa to spend more than 90 consecutive days but fewer than 183 and therefore not be considered a tax resident, but this isn’t a scheme that will necessarily work out for you in the long run. 

Keep in mind that Spanish migration officials will have a record of your visas and they may question why you keep having to reapply for the non-lucrative visa from scratch. 

If you want to spend more than 90 consecutive days in Spain without becoming a tax resident, Spain’s golden visa may be a better option for you, if you can afford it. 

This usually involves buying a property worth at least €500,000, and if you spend less than six months in Spain you will only have to pay taxes on your assets in Spain and won’t lose your residency either given your sizable investment (you’ll have to visit Spain at least once a year). 

However, spend more than half a year in Spain or have the main core of your economic activities in Spain and you will be subject to paying tax on your worldwide assets and income.

READ ALSO: How to make the most of Spain’s Golden Visa residency scheme

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EU

How would a ‘youth mobility scheme’ between the UK and EU really work?

The EU and the UK could enter into a 'youth mobility' scheme allowing young people to move countries to work, study and live. Here's what we know about the proposal.

How would a 'youth mobility scheme' between the UK and EU really work?

Across the 27 countries of the EU, people of all ages can move countries to work, study, spend a long visit or chase the possibility of love – and all this is possible thanks to EU freedom of movement.

That freedom no longer extends to the UK. As a result of Brexit, a UK national who wants to move to an EU country, or an EU citizen who wants to move to the UK, will need a visa in order to do so.

However, a new ‘mobility scheme’ could re-create some elements of freedom of movement, if the EU and UK can come to an agreement.

The European Commission on Thursday announced proposals for a ‘youth mobility scheme’.

Who would benefit?

First things first, it’s only for the youngsters, older people will have to continue with the time-consuming and often expensive process of getting a visa for study, work or visiting.

The Commission’s proposal is for a scheme that covers people aged 18 to 30. 

Their reasoning is: “The withdrawal of the UK from the EU has resulted in decreased mobility between the EU and the UK. This situation has particularly affected the opportunities for young people to experience life on the other side of the Channel and to benefit from youth, cultural, educational, research and training exchanges.

“The proposal seeks to address in an innovative way the main barriers to mobility for young people experienced today and create a right for young people to travel from the EU to the UK and vice-versa more easily and for a longer period of time.”

How would it work?

We’re still at an early stage, but the proposal is to allow extended stays – for young people to be able to spend up to four years in the EU or UK – under a special type of visa or residency permit. It does not, therefore, replicate the paperwork-free travel of the pre-Brexit era.

The Commission states that travel should not be ‘purpose bound’ to allow young people to undertake a variety of activities while they are abroad.

Under the visa system, people must travel to a country for a specific purpose which has been arranged before they leave – ie in order to study they need a student visa which requires proof of enrolment on a course, or if they intend to work they need a working visa which often requires sponsorship from an employer.

The proposal would allow young people to spend their time in a variety of ways – perhaps some time working, a period of study and then some time travelling or just relaxing.

It would also not be subject to national or Bloc-wide quotas.

It seems that some kind of visa or residency permit would still be required – but it would be issued for up to four years and could be used for a variety of activities.

Fees for this should not be “excessive” – and the UK’s health surcharge would not apply to people travelling under this scheme.

Are there conditions?

Other than the age qualification, the proposal is that young people would have to meet other criteria, including having comprehensive health insurance, plus financial criteria to ensure that they will be able to support themselves while abroad.

The visa/residency permit could be rejected on the ground of threats to public policy, public security or public health.

Will this happen soon?

Slow down – what’s happened today is that the European Commission has made a recommendation to open negotiations.

This now needs to be discussed in the Council of Europe.

If the Council agrees then, and only then, will the EU open negotiations with the UK on the subject. The scheme could then only become a reality if the EU and UK come to an agreement on the terms of the scheme, and then refine the fine details.

Basically we’re talking years if it happens at all, and there’s plenty of steps along the way that could derail the whole process.

Don’t start packing just yet.

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