Question
Can anyone tell me if there is a visa that would allow us, as an American family, to live in Spain for 5 months and not have to pay taxes?
Answers
These are the answers of Spainguru’s Facebook group members:
“You have two choices. Be a tourist and do the 90-day thing, or be a taxpayer. There are no other options.”
“If you want to stay for more than 90 days, a student visa is the easiest option. It doesn’t require buying a house, and it’s relatively simple to obtain.”
“For military retirees, the non-lucrative visa works well. Pensions and disability are often untouchable by Spanish taxes, thanks to agreements between the US and Spain.”
“If you spend less than 183 days in Spain in a calendar year, you won’t become a tax resident. The golden visa allows you to spend fewer days in Spain while maintaining residency status.”
“There is no continuous visa designed specifically for 5 months each year. You could enter Spain later in the year on a non-lucrative visa (NLV) and leave before reaching 183 days, but this would prevent you from renewing the visa.”
“If you’re in Spain for 5 months and your income comes from outside the country, you may not owe taxes. However, if you work or run a business while in Spain, you’ll need to file a non-resident tax return for that income.”
“Student visas allow for stays longer than 90 days without triggering tax residency, but you’ll need to show proof of financial and insurance support.”
“Golden visas allow minimal time requirements and are not subject to the same tax residency rules. However, they require a significant financial investment, such as buying property and last day to file for these visas is April 2nd 2025.”
“If you’re staying less than 183 days and meet Spain’s tax rules, you won’t be taxed as a resident. If you are unsure, consult a tax advisor to ensure compliance.”
Conclusion
For Americans looking to live in Spain for 5 months without becoming tax residents, options like the student visa or entering on a non-lucrative visa late in the year may work, provided you avoid exceeding the 183-day threshold.
The golden visa offers a flexible residency option but requires significant financial investment and is being phased out.
Staying as a tourist for 90 days and splitting time in other countries remains the simplest way to avoid Spanish tax obligations. Understanding the nuances of Spanish tax law and visa requirements is key, and consulting with a professional can help ensure compliance.
