Can people on the non lucrative Spain visa do some freelance online work?

Question

Can people on the non lucrative Spain visa do some freelance online work? How does the IVA/VAT exemption work for that? could I register as an autonoma with an non lucrative Spain visa?

Answers

These are the answers of some Facebook group members:

“I don’t think you can register as an autónoma, but I’m not an immigration expert. You should check with a lawyer or read the related government information regarding your visa.”

“You need a different type of visa, like the Digital Nomad Visa Spain.”

“Non lucrative Spain visa actually means ‘non lucrative visa’. This means you may not earn active income. Period. You may earn passive income like rental proceeds and investments.”

“Not within Spain. You can work anywhere you have the right to work in, such as in your country of origin. What you can’t do is carry out lucrative work while you’re physically within Spanish territory. You can have active income, you just can’t “active” it while you’re within Spain. What makes income active? Obtaining it through carrying out –realizing, as the Spanish regulation says– work, either for yourself or for an employer. What you cannot do is carry out lucrative work while within Spain. This is the only restriction imposed by our legislation. You can have active income. It just needs to have derived from work done while not within Spain.”

“The digital nomad visa was approved in 2023”

“Working remotely from Spain under non lucrative Spain visa would only be tax fraud if you didn’t pay Spanish taxes on that income.

Check this Spainguru article “Is it possible to work remotely on a non-lucrative visa in Spain?

In conclusion, according to Spainguru Facebook group members, individuals holding a non lucrative Spain visa should refrain from engaging in freelance or active work within Spain. This visa category is specifically designed for non-lucrative purposes, allowing only passive income like rental proceeds and investments. Registering as an autónomo (self-employed) in Spain with this visa is not permitted, and individuals seeking to work remotely from Spain should explore other visa options like the Digital Nomad Visa Spain. It’s essential to comply with Spanish tax regulations if working remotely from Spain, as not doing so could result in tax-related issues. For detailed guidance, consider reading Spainguru’s article on working remotely with a non lucrative Spain visa.