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TAXES

Do I have to pay tax in Spain on the non-lucrative visa?

As the name suggests, Spain's non-lucrative visa or NLV doesn't allow you to work, but that doesn't necessarily mean you're not liable to pay taxes here.

Do I have to pay tax in Spain on the non-lucrative visa?
You can't work with Spain's non-lucrative visa, so do you have to pay tax in the country? Photo: Photo by SHVETS production: https://www.pexels.com/photo/elderly-man-with-eyeglasses-working-on-his-laptop-7545264/

The non-lucrative visa or NLV is a one-year residency visa that allows non-EU citizens to come and live in Spain and is extendable for a further two years.

The main rule of the NLV is that you’re not allowed to work while in Spain, this means no working for companies within Spain, no remote work for companies outside of Spain and no self-employed work either.

Because of this, it’s a popular choice for those who want to retire in Spain.

READ ALSO – Non-lucrative vs digital nomad visa: Which one should you choose to move to Spain?

So, if you’re not earning any money in Spain, does this mean you have to pay tax here or not?

In short, yes, you will have to pay tax in Spain if you’re here on the NLV. 

In order to be eligible for the NLV you have to have a substantial amount of savings or receive a certain amount of passive income to be able to support yourself here.

This passive income could be from receiving a pension, rental payments for a property you own abroad, returns on investments or capital gains from the sale of assets.

So even though you’re not physically working while living in Spain, you are still earning money in some form, even if this is only a small amount of interest on your savings. All of it is taxable. 

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

In order to be eligible for the NLV, you need to prove you have 400 times the amount of the IPREM which for 2024 is €2,400 per month in passive income or savings of €28,800 for the year.

Spanish law states that if you’re resident in Spain you must pay income tax on your worldwide income and capital gains.

If you’re here on a one-year visa and stay in Spain over the 183-day threshold then you will be subject to paying tax here. If you don’t spend a minimum of 183 days, you won’t be able to renew your NLV.

READ ALSO: Do I have to pay taxes in Spain if I don’t work?

This means that even though you are prohibited from working while on this visa, your passive income is still taxable and you will pay tax on your global income.

Interest on savings or capital gains are taxed at the following rates:

  • 19 percent for the first €6,000 of taxable income
  • 21 percent for the following €6,000 to €50,000
  • 23 percent for the next €50,000 to €200,000 
  • 27 percent €200,000 to €300,000
  • 28 percent for any amounts over €300,000.

You will also be taxed on pensions and other passive income such as rent from abroad. This will be taxed at a different rate.

Income tax is charged at the same rate for general income and pensions and is subject to progressive tax rates ranging from 19 up to 47 percent.

  • Up to €12,450: 19 percent
  • €12,451 – €20,200: 24 percent
  • €20,201 – €35,200: 30 percent
  • €35,201 – €60,000: 37 percent
  • €60,001 – €300,000: 45 percent
  • Over €300,000: 47 percent

If you’re eligible for the NLV and are earning €20,200 to €35,200 for example, you will be taxed at a rate of 30 percent. The exact amount you will pay, however, will depend on your individual circumstances.

You will be liable to file the annual Declaración de Renta for the previous year. It’s typically due at the end of June and on it, you will declare all your passive income and capital gains.

You may also be subject to pay wealth tax, as well as inheritance and gift tax, so it’s important that you contact a gestor or tax expert to find out exactly how much you’ll pay.

If you’re also subject to paying tax in your home country, Spain has double taxation agreements in place with many countries to ensure you don’t pay tax on the same money twice.

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For members

RENTING

Do I have to pay the estate agent a commission if I rent in Spain?

Who has to pay the real estate agent commission (usually equivalent to one month's rent) in Spain: the landlord or the new tenant? And are there exceptions to the rules or underhand tricks agents use to get tenants to cough up more money?

Do I have to pay the estate agent a commission if I rent in Spain?

Up until 2023, the general rule in Spain was that both the landlord and the tenant would both have to pay estate agency fees when a rental contract was processed through them, although in some cases it was just the arrendatario (tenant) rather than the arrendador (landlord) who had to foot most of this commission.

Tenants often had the sense they weren’t getting much in return out of it, as it was common to find apartments hadn’t been cleaned, filled with broken furniture and other appliances that weren’t working.

On top of a commission to the agency equal to one month of rent, tenants had to pay one to two month’s deposit and a month’s rent, meaning they had to pay a total of three to four months’ worth of fees upfront, which would rack up to a lot of money. 

READ ALSO: The cities in Spain where people fight most over a place to rent 

Thankfully, Spain’s housing law, brought into force in May 2023, put an end to this and now it’s solely down to the landlord to pay the agency fee as they’re the ones who hired them.

The law, which modified part of the Urban Leasing Law of 1994, now states: “The expenses of real estate management and formalisation of the contract will be borne by the lessor,” that is, the owner of the property.

READ ALSO – Renting in Spain: Can my partner move in with me?

One of the main problems is that agencies have been doing this for so long that they stand to lose quite a bit of money and may continue to ask tenants to pay on the side. 

Alejandro Fuentes-Lojo, a lawyer specialised in real estate law explained to Spanish news site Newtral: “Many professionals will try to circumvent this prohibition, and in some cases they will try to make the tenant pay out of pocket, but we must warn that if they agree, they will be unprotected by the law”.

Be aware, even though tenants shouldn’t have to pay the full agency fees anymore, there are certain circumstances in which they may still have to pay something.

The Rental Negotiating Agency (ANA), states that there are a series of exceptional cases where real estate agencies can pass some of these expenses on to tenants, specifically when they are offered a series of additional services that directly benefit them.

These expenses could include house cleaning services at the end of the lease, repair services and legal advice during the duration of the contract, or other services where it can be proven that they have a direct benefit for the tenants. These expenses can only be collected after the contracts are signed.

READ ALSO – Q&A: When can you legally leave a rental property in Spain? 

The general director of ANA and a lawyer specialised in leasing, José Ramón Zurdo, states: “The new Housing Law does not regulate or limit the impact of expenses that accrue after the signing of the contracts, because the limit of expenses that can be passed on is closed after this time”.

According to the new housing law, expenses that can’t be passed on to the tenant include management expenses charged by real estate agencies for intermediating, searching for tenants and showing the homes. Tenants can also not be charged for expenses of formalising contracts or paying any lawyers or notaries involved.

There are also four exceptional cases where agencies can still charge fees to tenants, when they are not habitual residence leases and, therefore, are not regulated by the Urban Leases Law.

These include:

  • Tourist accommodation
  • Rental of commercial or office space
  • Seasonal rentals
  • Luxury housing leases – Properties whose surface area exceeds 300 m2 built, or whose rent exceeds the interprofessional minimum wage by 5.5 times.

READ ALSO: Spanish court rules buyer can purchase property directly from seller without paying agency fees

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