Residency
You will become resident for tax purposes in Spain if: You
spend more than 183 days in Spain during one calendar year.
You become liable whether or not you take out a formal residence
permit (Residencia). These days do not have to be consecutive.
You do not become resident for tax purposes until the morning
of the 184th day. Temporary absences from Spain are ignored
for the purpose of the 183-day rule unless it can be proved
that the individual is habitually resident in another country
for more than 183 days in a calendar year, or
You arrive in Spain with an intention to reside there indefinitely.
You will then be tax-resident from the day after you arrive.
Obtaining a residence permit is evidence of an intention
to stay, and will count against any claim that you are not
liable for Spanish tax, or If your “centre of vital
interests” is Spain. This is a relatively new rule
and is hardly ever applied, or Unless proven otherwise,
you are presumed to be a Spanish resident if your spouse
lives in Spain and you are not legally separated even though
you may spend less than 183 days in Spain.
A Spanish tax year is the same as a calendar
year (1st January to 31st December), unlike the UK tax year
which is from 6th April to the following 5th April.
If you are resident in Spain you will be liable for income,
capitals gains and succession duty (inheritance tax) on
your worldwide assets. This is in addition to other incidental
tax liabilities such as IVA (VAT) and gift taxes. It is
worth noting that gift tax and inheritance tax in Spain
are payable by the receiver of the gift or inheritance.
If you live on a boat within 12 nautical miles of Spanish
land, you are a Spanish tax resident. A day within 12 nautical
miles is a day spent in Spain for tax purposes.
Fiscal
Identity Numbers
If you reside in Spain, or if you own a property and are
non-resident, you need a Numero de Identificacion de Extranjeros
(NIE). The number identifies you to the Spanish taxman and
is required when you pay your taxes or have any dealings
with the Hacienda (Spanish tax office).
To obtain one, present yourself at the
nearest police station with a foreigners’ department
(comisaria), along with your passport and a photocopy of
it. Fill in the form, keep the copy given to you, and wait
for the number to be assigned. Check with the comisaria
how long the process will take as it varies from a few days
to a few weeks, and remember to take your passport and the
copy of the form when you go to collect the NIE certificate
from the comisaria.
Obtaining this NIE is this first thing
you should do if you plan to reside in Spain and is also
required if you buy a property (whether resident or non-resident).
This system however is currently under review, and may even
be abolished.