Question
Can a knowledgeable person provide insight on taxes and social security responsibility for an individual applying for Spain Digital Nomad Visa as autonomo (self-employed) from the US aiming for non-residency ( <6 mos )?
Answers
These are the answers of some Facebook group members:
”Not sure what you mean by non-residency, as when you register as self-employed, with some exceptions, you become a Spanish tax resident, so the 6 month rule becomes irrelevant”
”As an American you must know that tax responsibilities vary by state and even city.We all have the same federal taxes, but the state varies and is very individual to each situation. So the best to do, is to contact a tax person in your home state and city. Now about this “non-resident” situation.
There is no gray zone here, you are either a resident of you are not. If you are a resident of Spain, you pay taxes in Spain and the get credit for this tax in the United States so that you don’t pay taxes twice (Up to about $110,000 can be credited).
As resident of Spain you can stay for as long as your visa lasts. If you don’t apply for a visa then you are not a resident of Spain. You can only be in the Schengen zone for 90 days every 180, you must leave after that. As far as taxes are concerned if you spend 183 days(which can only be done with a visa) in Spain OR if you use Spain a home base/domicile then you owe Spain taxes. As far the United States is concerned they will charge you based on what your domicile is.
You can be gone for a very long time, and still owe taxes to the U.S if you are domiciled there. What you need is Tax person in YOUR state, in YOUR city in the United States. When you get a visa in Spain, then you need a Tax person in Spain as well, you need to speak to both because the U.S has citizen based taxation not resident based”
”If you get the Spain digital nomad visa, you get Spanish residency and therefore have to pay taxes even if you are there for less than six months”
”I think you cannot free yourself from paying taxes in Spain even if your income is not coming from here or you haven’t spent more than 6 months. Take into account that, to my knowledge, part of the process is to sign a letter commiting that you will register as “autonoma” once approved thus becoming a tax resident. Now the USA has a double taxation agreement with Spain that can help you not to pay double taxation.(don’t quote me on that I’m not American)”
Conclusion
In conclusion, according to Spainguru Facebook group members, when registering as self-employed in Spain, becoming a tax resident is typical, potentially making the 6-month residency rule irrelevant.
As an American, your tax responsibilities vary by state and city, and being a resident of Spain means you pay taxes there. The 183-day rule or establishing Spain as a home base can trigger tax obligations. Even with a Spain digital nomad visa, obtaining Spanish residency likely involves committing to registering as “autónomo,” making you a tax resident.
However, the U.S. and Spain have a double taxation agreement to prevent paying taxes twice, and seeking advice from tax professionals in both countries is crucial to navigate these complexities.
