Does the date of your empadronamiento have any impact on when you are considered a Spanish tax resident?

By
Bruno Bianchi
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Question

Does the date of your empadronamiento have any impact on when you are considered a Spanish tax resident? We’re completing the purchase of a house in March, and I was wondering if we could do the padron while we’re there to sign the escritura, even though we won’t be moving until late July (so we will spend less than 183 days in Spain).

It would make things a bit easier to already have the padron before our July move, but it’s not worth it if it would affect our tax residency.

Answers

These are the answers of some Facebook group members:

“The empadronamiento does NOT prove that you are a legal resident in Spain. You could be staying illegally in the country and yet be able to register at the municipality. Still—if you can wait—wait.”

“Yes, the Padron must be no more than 90 days old to be valid for most things including ID.”

“I believe just days in Spain, regardless of empadronamiento or legal status or anything else, is what makes you a tax resident. 183+ days is the trigger.”

“Would recommend waiting to go onto the padron until you enter as a resident in July. By going on it, you are declaring you are an habitual resident of Spain. Unlikely though it may be, different government offices DO talk to one another. Not much to be gained by signing in early but potentially a lot to lose.”

“You should not register with the padrón unless you are residing here.”

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