Posted: Thu Mar 21, 2019 12:56pm
This is a very good practical point. I think it applies particularly to Paul, as he is considering renting initially.
This is my understanding. BTW, I would not suggest doing anything illegal.
First, anecdotal evidence suggests getting a NIE is taking a lot of time and proving difficult. There ways to overcome this and get the NIE legally and quickly, but I won't go there. With no NIE I think you cannot pay tax, BUT you would still be liable from the date of entry. That is, having no NIE for a while could delay paying tax but would not avoid it.
If you only spend up to 90 days per calendar year in Spain then you don’t need to register as a tax resident in Spain. As long as your time in Spain is less than 183 days annually, you still don’t have to be a Spanish tax resident, as long as you are a registered tax resident elsewhere and that country has a double taxation agreement with Spain (eg EU countries). As far as I am aware, all of this is self-declared (well it was for me).
If you spend more than 183 days in Spain during a calendar year, you are deemed to be a Spanish tax resident, whether you have formally registered as a resident or not.
Based on the above, if it possible to rent for 11 months (say) and you span the December / January period in the middle, you would not be obliged to become a Spanish tax resident.
All days count. They do not have to be consecutive, so, for example, a holiday for a month or so, then back to the UK, then another holiday would add up. The reality is of course that no one would record this whilst we remain in the EU. It is possible to get long term holiday lets. I am not advocating this. I think some of the people I have known living in Spain have had long term holiday lets for twenty years or more.
One personal beef I have is people not registering at their town hall. I forget what this is called. For each person registered the local government receives funding - for rubbish collections etc. Not registering means cheating your neighbours.
Sorry if everyone knows all this stuff.
If I am wrong on any of the facts, please correct.
Thanks.