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90 day rule & NLV & taxes

Posted: Thu Mar 14, 2024 11:20am
7 replies3 members subscribed
Jo000

Posts: 26

Location: Catral

Joined: 4 Sep 2022

Hi everyone 

We are planning on coming out to Spain quite a lot this year. But, splitting up the 90 days.  So initially for 3 weeks then coming and going until we've used the 90 days up. 

Once the 90 days have been used up, do I have to stay in the UK for 90 days before planning to travel again?

Can I also ask another question please.  If we went for our NLV do we have to pay taxes on our UK business?  Even though we pay those in the UK? Someone said you pay the tax in Spain as well.

Thank you

Regards Jo

Darro

Posted: Thu Mar 14, 2024 11:25am

Darro

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Posted: Thu Mar 14, 2024 11:25am

Re 90 days yes, once you've had 90 days in a rolling 180 then you must leave and not return for a further 90 days. It's the Schengen area BTW, not just Spain.

If you become Spanish resident then you pay tax in Spain on your worldwide income. You cannot come on an NLV if you are still employed somewhere although you can draw dividends.

marcliff

Posted: Thu Mar 14, 2024 11:35am

marcliff

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Posted: Thu Mar 14, 2024 11:35am

Use a Schengen calculator as the 180 days is rolling, not in one lump. You don't have to leave for 90 days if the first day you came was more than 90 days ago within that 180. I always found this one to be good Schengen Calculator but there are others. As pointed out before, there are no 2 x 180 blocks but the dates are rolling.

As Darro says, to get an NLV you have to show a P45 to show you are no longer working or a final tax statement if you are self employed. The non lucrative bit means just that. There are other visas such as digital nomad, self employed, entrepreneur and so on but all have their own system for applying. You couldn't keep running a business in UK with an NLV.  You could take dividends as income but not profits. Yes, they would be taxable in Spain.

There is a dual tax agreement so you don't pay tax on the same income twice. 

George55

Posted: Thu Mar 14, 2024 11:51am

George55

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Posted: Thu Mar 14, 2024 11:51am

On the face of it, and this is not something I've looked at in detail but on the assumption you wish to carry on working for your own business (whether as an employee of that business or as self employed) and that work can be carried out remotely, then it would seem the digital nomad visa would seem to fit the bill.

Digital Nomad Visa in Spain: a Complete Guide (With Tax Benefits) (balcellsgroup.com)

Regarding the Schengen 90/180 point, then it is as Marcliff explains - as it is rolling, then days start dropping off at the back end.

So if for example I was a UK resident and left Spain on the 5th January 2024 having been here since the 10th December 2023 - the 10th December day would start dropping off from the 90/180 calc at the 7th June 2024 (possibly +/- 1 day based on my Excel). It doesn't stay on the record because it forms part of the block that ended on the 5th January 2024. Each day in Schengen is treated independently and is why things like the calculator can be useful if you intend to get close to or around the maximum on a forever rolling basis.

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RonTT

Posted: Thu Mar 14, 2024 12:00pm

RonTT

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Location: Santa Pola

Joined: 26 Nov 2022

Posted: Thu Mar 14, 2024 12:00pm

Jo000 wrote on Thu Mar 14, 2024 11:20am:

Hi everyone 

We are planning on coming out to Spain quite a lot this year. But, splitting up the 90 days.  So initially for 3 weeks then coming and going until we've used the 90 days up. 

Once the 90 days have been used up, do I have to stay in the UK for 90 days before planning to travel again?

Can I also ask another question please.  If we went for our NLV do we have to pay taxes on our UK business?  Even though we pay those in the UK? Someone said you pay the tax in Spain as well.

Thank you

Regards Jo

You can:

Come for 3 month (90 days) then go for 3 months (90 days) then come back for 3 month.

Come for 3 weeks then go for 3 weeks.then come back for 3 weeks.

Come for 1 month then leave for a month then come back for a month and so on.

Basically, an equal amount of time in Spain (or Schengen country) upto 90 day max and an equal amount of time out.

Below calculator is quite good.

https://ninety180.com/

John123456

Posted: Thu Mar 14, 2024 2:08pm

John123456

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Posted: Thu Mar 14, 2024 2:08pm

This link explains the requirements for a NLV:

https://www.exteriores.gob.es/Consulados/Manchester/en/ServiciosConsulares/Paginas/Consular/Visado-de-residencia-no-lucrativa.aspx

This link gives a good overview of the Double Taxation Agreement between the UK and Spain:

https://expatsmagazine.org/double-taxation-agreements-spain-uk/

gary999

Posted: Fri Mar 15, 2024 9:25am

Posts: 13

1 helpful points

Location: Villamartin

Joined: 4 Aug 2017

Posted: Fri Mar 15, 2024 9:25am

Jo000 wrote on Thu Mar 14, 2024 11:20am:

Hi everyone 

We are planning on coming out to Spain quite a lot this year. But, splitting up the 90 days.  So initially for 3 weeks then coming and going until we've used the 90 days up. 

Once the 90 days have been used up, do I have to stay in the UK for 90 days before planning to travel again?

Can I also ask another question please.  If we went for our NLV do we have to pay taxes on our UK business?  Even though we pay those in the UK? Someone said you pay the tax in Spain as well.

Thank you

Regards Jo

HI Jo

https://www.visa-calculator.com/

I use this it seems the best of the lot and it’s free and keeps you aligned very easy to use

PeterPan

Posted: Fri Mar 15, 2024 8:45pm

PeterPan

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Posts: 641

582 helpful points

Location: Almoradí

Joined: 1 Aug 2020

Posted: Fri Mar 15, 2024 8:45pm

As RonTT has highlighted the 90 day/180 day can be split however you wish. 

The optimum period for equal Spain/home country would be 45 days in each country (excluding travel time), so not too bad really. At least until you retire.

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