Question
Just curious if anyone has ever had an experience with this – renting in Spain (for the year) but only entering as the schengen visa allows (every 3 months out of every 6).
You wouldn’t be a tax resident, nor would you have residency. Would this cause any issues if you continue to pay rent while you aren’t there / don’t have actual residency? Assuming you’re also empadroned at this apartment.
Answers
These are the answers of some Facebook group members:
”Empadronamiento means you live there and are a resident. You shouldn’t have the padron for the months you are actually not staying there. You might have to plea your case but definitely talk to a tax professional.”
”You should not be on the padron at all if you’re a non-resident. Padron implies residency and therefore taxes — things can get complicated”
”You can rent a property in Spain irrespective of your residency status. You shouldn’t be registered on the Padron unless you are or intend to be a resident”
”You can do it but you wouldn’t go onto the padron because that’s only for habitual residents”
”I did this for a number of years in Gran Canaria, you can rent for as long as you want, it’s between you and the landlord but in these circumstances, you cannot be on the padron, or shouldn’t be anyway”
”If you already got padron and you leave Spain and come back to Spain and stay in your house in spain for three months and pay the rental for your absence in Spain too. After three months, you leave Spain again. And continue this. Right? My answer is yes. But if you do it again and again, probably, the immigration of Spain will ask you. because you come and go very often. So this is not normal for tourists. We already called it Visa run. Well, you can get your padron because half of a year you stay in Spain. I guess so. Despite all, why not? you pay for all rentals and no breaking the laws and rules. About visa run, immigration can suspect you but, what about you come to make holidays for your privacy reasons within allowed three months? and leave Spain in time or Shengen area. Some people do this too. They have holiday house in other country and mostly freelancers or book writers or photographers or such jobs, they do this too. That is all in my opinion only”
”It’s not an issue, but if it’s not actually a residence you shouldn’t be empadronado. And even being empadroned isn’t a big issue, but it could be used by Hacienda as evidence that you should be tax resident because it’s a way of saying you’re resident at that address”
”Not an issue, but can’t be on padron de residents, need to register as non resident at town hall to pay local taxes”
In conclusion, according to Spainguru Facebook group members, renting an apartment in Spain without tax or official residency, with limited Schengen visa entry, while still paying rent and being empadronado, can present complications. Issues arise concerning empadronamiento (municipal registration) and potential tax implications. It is advisable to register appropriately with the town hall if you are a resident and seek professional advice to ensure compliance with relevant laws and regulations.
