Question
If married and one person applies for a non lucrative Spain visado both partners become tax residents in Spain?
Answers
These are the answers of some Facebook group members:
”You might find it difficult for the first-year renewal as you have to show you have spent 6 months in Spain for the whole year which would mean you could be a tax resident. Check if your country has a tax treaty and then you may have to pay a top-up tax in Spain instead of the whole amount. You need a tax accountant that has good knowledge of both countries”
”Unless the nonresident partner can show a tax residency certificate and proof of 183 days in that other country”
”Tax residency is when a person spends 183 days in Spain, it is nothing to do with what visa etc you might have”
”If the other partner doesn’t move to Spain they won’t become tax a resident”
”Yes. If you are both on nlv as you have to be tax residents to keep non lucrative Spain visa”
”If you are a dependent on your spouse’s NLV and have not been in the country for less than 180 days, then yes. But you will have to be identified as a dependant, otherwise, it’s 90 days in every 180 days that you’d be allowed to stay unless you’re EU. You will need to file in both countries according to the tax treaties that prevent double taxation”
”Tax is the most important thing in Spain, and collecting it is their priority”
”You both have to have NLVs in order to live in Spain. If only one of you has an NLV, you cannot both live in Spain. With a non lucrative Spain visa, you can only be out of Spain for a total of 10 months during the 5 years, and no more than 6 months at one time – you will be a tax resident since you will be in Spain for 183+ days a year”
”Yes because both partners have to apply as a family and separately”
”Probably. It’s not automatically true but it would take an unusual set of circumstances to not both be tax resident. Spain would make an assumption that you were both tax residents and you would need to demonstrate why one of you isn’t. Shakira tried and failed, so be careful”
In conclusion, according to Spainguru Facebook group members, when one partner applies for a non lucrative Spain visa, both partners may become tax residents in Spain. Tax residency is determined by spending at least 183 days in the country, among other requirements. It is important to consider tax treaties between Spain and the home country to understand the tax implications. Seeking guidance from a knowledgeable tax expert who understands both countries’ tax regulations is recommended. Compliance with tax obligations in both countries is crucial to avoid double taxation.
