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90 day maximum stay?

Posted: Tue Jan 12, 2021 6:55pm
18 replies762 views6 members subscribed
Quinny

Posts: 22

Location: Dolores

Joined: 18 Nov 2020

Is it true that the maximum time allowed for a brit to stay in Spain is now 90 day?

If so, does this mean there is now no point in buying a property in Spain, or are there different rules if you own a property there? 

Thanks

Kevin

Paolo51

Posted: Tue Jan 12, 2021 6:59pm

Paolo51

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Posted: Tue Jan 12, 2021 6:59pm

90 days in 180 and includes travel to or through other Schengen areas. Have a look at the gov.uk website for more in depth info.

I’m afraid only you can decide if buying is worth it or not.

Quinny

Posted: Tue Jan 12, 2021 7:40pm

Quinny

Original Poster

Posts: 22

Location: Dolores

Joined: 18 Nov 2020

Posted: Tue Jan 12, 2021 7:40pm

Paolo51 wrote on Tue Jan 12, 2021 6:59pm:

90 days in 180 and includes travel to or through other Schengen areas. Have a look at the gov.uk website for more in depth info.

I’m afraid only you can decide if buying is worth it or not.

Thanks Paolo

Can we not get residency visas?

It's a shame, we are on holiday over there at Easter when we were going to look for somewhere to buy. Looks like that's a non starter now ☹️

Paolo51

Posted: Tue Jan 12, 2021 8:05pm

Paolo51

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Posted: Tue Jan 12, 2021 8:05pm

Residency means your main home is in Spain and you pay your taxes here. You would need to prove you have a minimum amount of income or an amount in your Spanish bank and a smaller income. Currently these are approx 27k€ or 33k€ per couple. All the info you need can be researched on the gov.uk website.

Quinny

Posted: Tue Jan 12, 2021 10:00pm

Quinny

Original Poster

Posts: 22

Location: Dolores

Joined: 18 Nov 2020

Posted: Tue Jan 12, 2021 10:00pm

This post that was quoted has been deleted.

Thanks Michael

My wife and I would be retiring over there. Probably comi g back to the UK for a month here and there. 

I will have a look on the gov.uk website as Paolo has suggested.

Anymore suggestions welcome

Thanks😊

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Kimmy11

Posted: Tue Jan 12, 2021 10:58pm

Kimmy11

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Posted: Tue Jan 12, 2021 10:58pm

Hi Kevin,

Even though UK citizens have now become Third Country Nationals and subject to the regulations of the Schengen travel zone, you can still be in Spain for 90 days in a rolling 180 days.  This website explains how it works and includes a calculator, so that you can have a look at how it could work for you:

https://www.schengenvisainfo.com/

At its simplest, you could come to Spain for 90 days in one visit, but then you would need to return to the UK for 90 days before you could re-enter Schengen.  Similarly, you could visit Spain for 30 days, return to the UK for 30 days, return to Spain for 30 days, return to the UK for 30 days, etc.  

It gets more complicated when you want to visit for different periods of time and this is when the calculator comes in handy.  For example, say you come to Spain from 1 March to 29 May (totalling 90 days), then returned to the UK, you couldn't pop over for a long weekend in, say, Italy, before 1 September, because you would already have used up 90 days in 180.  However, you could go on holiday elsewhere in the world, to a country that isn't in Schengen.

As things stand, non-resident property owners in Spain get no special concessions, now that the UK has left the EU - in fact, it's got worse, because Non-resident tax has increased from 19% to 24%.  But it's early days and the greatest number of non-Spanish property owners in Spain come from the UK, so who knows, perhaps the two countries may come to bilateral agreements in the future that recognise this investment?  Not that I see anything like that happening this year - the UK has enough on its plate with the Withdrawal Agreement and the more recent Trade and Cooperation deal.

Kind regards,

Kim

George55

Posted: Wed Jan 13, 2021 12:07am

George55

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Posted: Wed Jan 13, 2021 12:07am

Renting out for 90 day periods wouldn't require the owner to have a Tourist Licence, so this could be a win-win for property owners and holiday-makers alike


I'd be grateful if you could provide further detail on this, as from my understanding, I thought anyone offering property as a holiday let required a licence in accordance with Valencian legislation.

Where is there an exclusion provided for in legislation if you let the property as a holiday let for less than or equal to 90 days?

Holiday letting is an issue of fact - not determined by the number of days it is let? (Long term lets are dealt with outside of the tourist license requirement).

Stevec61

Posted: Wed Jan 13, 2021 9:30am

Stevec61

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Posted: Wed Jan 13, 2021 9:30am

George55 wrote on Wed Jan 13, 2021 12:07am:

Renting out for 90 day periods wouldn't require the owner to have a Tourist Licence, so this could be a win-win for property owners and holiday-makers alike


I'd be grateful if you could provide further detail on this, as from my understanding, I thought anyone offering property as a holiday let required a licence in accordance with Valencian legislation.

Where is there an exclusion provided for in legislation if you let the property as a holiday let for less than or equal to 90 days?

Holiday letting is an issue of fact - not determined by the number of days it is let? (Long term lets are dealt with outside of the tourist license requirement).

What is the minimum period of time categorised as a “long term” let? Is it for an agreement if 6 or more months, or different. Could somebody let out their home as a long term let fir 1 month, 2 months, 3 months etc?

George55

Posted: Wed Jan 13, 2021 11:25am

George55

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Joined: 29 Dec 2020

Posted: Wed Jan 13, 2021 11:25am

I'm slightly apprehensive about posting links to websites on this particular topic as it is one of those which has been subject to renewed focus and additional legislation over the course of the last few years and hence I think a fair amount of data that is available on the internet may be out of date and not give an accurate picture of how things are viewed now.

However, I think this provides some useful information including the downloadable pdf copy of a translated guide near the top of the page:

https://www.spain-holiday.com/rentalbuzz/holiday-rental-licences-in-the-valencian-community

My understanding is that the authorities would be looking at a number of things not just length of time (e.g. where advertised etc etc) so as to ascertain whether it's a holiday let as opposed to something else (referenced in the pdf as a seasonal let or a more traditional long term rental etc). 

As I have a tourist licence on a Spanish property that I rent out, I've never looked in detail as to other options that are available to enable the owner to gain rental income from short term letting without having to go down the "pain" of obtaining a tourist licence.

Kenneth1

Posted: Wed Jan 13, 2021 11:29am

Kenneth1

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Location: La Marina

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Posted: Wed Jan 13, 2021 11:29am

Try checking this link to Davebevs guides. 

Davebev1's guides: Renting out your property as a holiday let in Spain

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