Question about the non lucrative Spain visa
My husband is an artist selling work in different countries (not Spain) What visa would be best for us ? We have enough savings for applying for a non lucrative Spain visa and someone on here mentioned that selling art work is considered non passive income but I can’t quite work out how this is correct
Answers
These are the answers of some Facebook group members:
”Maybe you can do what some folks are doing to qualify for the DNV… form your LLC, make a contract between yourself and your LLC, pay yourself a “monthly” salary for your work. If you don’t currently have the LLC, it’s going to take you a year to qualify. That’s just a crazy idea from all the things I’ve read about the DNV. Good luck with better answers”
”In Spain you are obliged to record all world wide income, I have afriend in Spain who is an artist and he pays taxes”
”The only way you will get a sensible answer is by asking the consulate if they will accept this form of income. I suspect not, but that is the only way you will find out. If you have enough savings (for the initial visa and the renewals) that you do not need to mention it, then don’t. Everybody on FB has their own opinion of what constitutes work, and literally none of these opinions are grounded in fact”
”A lawyer can help with the autonomo visa”
”My understanding is as follows: An artist is a self employed person. Any self employed person in Spain is required to work under an “autonomo”. I am not sure how easy it is to come to Spain directly with an autonomo (it would be best to discuss this with your local embassy).
I do know, however, that you can come over on a non lucrative visa (NLV) and change to an autonomo after 1 year – but that would mean no income from art sales for the first year. The granting of the autonomo is not guaranteed, however, and you will need a proper business plan, etc. The business plan needs to be reviewed and approved by a Spanish industry specific body (different for each industry).
Additionally, the autonomo comes with various monthly costs (starting fairly low and ramping up after a year). You can find the latest cost quite easily via a google search. Regardless of which visa you obtain to get into Spain, if you live here you have to register for tax and will get taxed even on your NLV compatible income (passive income, including investment income, rentals, etc) – best to find out about dual taxation agreements, etc before hand so that you can accurately estimate taxes.
From my personal experience, the local embassies are helpful in giving you broad brush stroke options and alternate ways to actually get into Spain for your first year, things are different once you actually get to Spain as things vary (sometimes significantly) from one area/Comunidad to another and getting advice from a local specialist (either a clued up gestor or immigration/visa specialist) in Spain is best”
Conclusion
In conclusion, according to Spainguru Facebook group members, determining the right visa for selling artwork in Spain can be complex. While some creative strategies like forming an LLC/Ltd have been suggested, it seems best to consult the Spanish consulate or legal experts for accurate guidance.
Artists may eventually need an “autonomo” status, but requirements may vary. Be prepared for potential taxes and explore dual taxation agreements. Navigating the visa process for artists in Spain may require research, legal help from immigration experts and tax advisors, and adapting to local rules.
