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Hi, we became residents in 2020. We are a bit confused as to the time limits you can leave Spain during the first five years of getting TIE. Is it 6 month each year, or 6 months in five years?? 🥴
You must spend at least 183 days each year in Spain and over the 5 years it is a maximum of 10 (possibly 12) months in total outside of Spain.
I think Cheryl may be mistaken.
If you gained residency in 2020 then it was not under the WA and because of that you can spend up to 183 days per year outside of SPAIN each year, possibly longer if its for urgent family reasons.
If you gained residency in 2020 then it was not under the WA and because of that you can spend up to 183 days per year outside of SPAIN each year, possibly longer if its for urgent family reasons.
The maximum of 10 months only applies to those resident by way of an NLV.
Posted: Tue Mar 15, 2022 4:40pm
Legendary helpful member
Hi Bellapf,
As a UK citizen who gained Spanish residency prior to 31 December 2020, you are protected by the Withdrawal Agreement. As you have been resident less than 5 years (temporary residency), you can leave Spain for no more than 182 days (i.e. 6 months) during each of the first 5 years of residency, and no more than a total of 12 months in the 5 year period. There is one exception, whereby you can leave for a continuous period of up to 1 year for vital reasons, e.g. sickness, pregnancy, etc. (The same limits apply to people who have obtained residency visas since 1 January 2021, with the exception that they cannot leave for more than a total of 10 months in the first 5 years.)
After 5 years, when your residency becomes "permanente", you can leave for a maximum period of a continuous 2 year period.
Kind regards,
Kim
Kimmy11 wrote on Tue Mar 15, 2022 4:40pm:
Hi Bellapf,
As a UK citizen who gained Spanish residency prior to 31 December 2020, you are protected by the Withdrawal Agreement. As you have been resident less than 5 years (temporary residency), you can leave Spain for no more than 182 days (i.e. 6 months) during each of the first 5 years of residen...
Read more...
...cy, and no more than a total of 12 months in the 5 year period. There is one exception, whereby you can leave for a continuous period of up to 1 year for vital reasons, e.g. sickness, pregnancy, etc. (The same limits apply to people who have obtained residency visas since 1 January 2021, with the exception that they cannot leave for more than a total of 10 months in the first 5 years.)
After 5 years, when your residency becomes "permanente", you can leave for a maximum period of a continuous 2 year period.
Kind regards,
Kim
Thanks Kim, I was hoping you would confirm the maximum time over the 5 years.
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Kimmy11 wrote on Tue Mar 15, 2022 4:40pm:
Hi Bellapf,
As a UK citizen who gained Spanish residency prior to 31 December 2020, you are protected by the Withdrawal Agreement. As you have been resident less than 5 years (temporary residency), you can leave Spain for no more than 182 days (i.e. 6 months) during each of the first 5 years of residen...
Read more...
...cy, and no more than a total of 12 months in the 5 year period. There is one exception, whereby you can leave for a continuous period of up to 1 year for vital reasons, e.g. sickness, pregnancy, etc. (The same limits apply to people who have obtained residency visas since 1 January 2021, with the exception that they cannot leave for more than a total of 10 months in the first 5 years.)
After 5 years, when your residency becomes "permanente", you can leave for a maximum period of a continuous 2 year period.
Kind regards,
Kim
Hi Kim - if after 5 years of residence a person spent up to two years out of Spain would they still pay tax in Spain?
Posted: Tue Mar 15, 2022 9:07pm
Legendary helpful member
Lancelot wrote on Tue Mar 15, 2022 8:46pm:
Hi Kim - if after 5 years of residence a person spent up to two years out of Spain would they still pay tax in Spain?
Hi Lancelot,
Good question - and I don't know the answer for sure. The 182/183 day rule suggests you wouldn't be tax resident in Spain for that period, but I doubt it's that simple. Just because someone's absent from Spain for at least 183 days doesn't necessarily mean that they're in a different country for that whole period and that could determine where someone is tax resident. I think you'd have to check the prevailing tax residency 'tests' of Spain and any other country(s) where you spend time during that period.
Kind regards,
Kim
Posted: Wed Mar 16, 2022 8:14am
Helpful member
What about touring Europe in a motorhome and as there is no boarder post, only in to the UK who knows how long you have been out of Spain.
rds1234 wrote on Wed Mar 16, 2022 8:14am:
What about touring Europe in a motorhome and as there is no boarder post, only in to the UK who knows how long you have been out of Spain.
I don't think that the Spanish authorities are that interested if you are out of Spain a bit longer as long as you are paying/declaring your Spanish income tax every year. That's the only way they would know, lack of tax receipts.
Posted: Wed Mar 16, 2022 1:27pm
Helpful member
PeterPan wrote on Wed Mar 16, 2022 1:17pm:
I don't think that the Spanish authorities are that interested if you are out of Spain a bit longer as long as you are paying/declaring your Spanish income tax every year. That's the only way they would know, lack of tax receipts.
That’s alright now I do pay my taxes.
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