Question
If I have a Spain Non Lucrative Visa but do not wish to be a tax resident, can I stay 90 days under the 90/180 then 6 months under NLV, then 90 days under the 90/180? Is the 90/180 Brexit offering basically forfeited by the NLV?
Answers
These are the answers of Spainguru’s Spanish Non Lucrative Visa group members:
“No. Because 183 days in Spain in their tax year makes you tax resident.”
“You need to be in Spain for a minimum of 6 months in the first year for renewal. You can only be out of Spain for the total of 10 months in the first 5 years if you are going for permanent residency.”
“I believe that rule has been scrapped as it was challenged as a restriction of Freedom of Movement. Seen it on other forums”
“That’s only for if you don’t want to achieve permanent residency.”
“yes, if you don’t want permanent residency. But you must keep renewing your NLV, and meeting all the criteria including finances and health care, and must have at least 183 days per tax year in Spain, that also makes you a tax resident.”
“Brexit offering? The 90/180 rule isn’t a special Brexit deal, it’s the visitor allowance for all non EU nationals in the Schengen area. The NLV is for becoming resident in Spain. Once you are resident, you are no longer under the 90/180 rule in that country. You will have a TIE card which is a RESIDENT card, that means you’ve registered as resident in Spain.”
“No. You can’t mix the visa types and once over 183 days you are a tax resident.”
“Sounds like you want to have your cake and eat it too! With a cherry on top.”
“No. Simple answer.”
“No not possible. One or the other. You are either a tax resident or not.”
Conclusion
The Spain Non lucrative Visa does not exempt holders from becoming tax residents if they spend over 183 days within the tax year in Spain.
Mixing visa types to circumvent this rule is not possible, and once a person becomes a resident under the NLV, the 90/180 rule no longer applies.
Proper planning and understanding of residency and tax implications are crucial for those considering the NLV.
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Make sure to join our dedicated Spanish Non Lucrative Visa group here!
