Schenken rules - Page 2

Davebev1 wrote on Thu Oct 6, 2022 8:16pm:

Being a Schengen, not Spanish, rule Spain cannot 'reverse' it.  Spain have always had a limit on the length of continuous stay of 3 months without some form of residency, although EU nationals can leave and restart that 3 month period as frequently as they wish, not bound by the 90/180. ...

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...; Admittedly it isn't generally enforced for EU nationals but it is still the law.  Spain also has tax laws that means anyone, EU or otherwise, who spends more than 182 days a year in Spain is classed as a fiscal resident regardless and should pay taxes in Spain accordingly.  As a non-resident you own a second, not primary, home and therefore, by definition, would spend less than 6 months of the year there.  So the total amount of time second home owners can spend in Spain hasn't changed, it's the spread of that time that has changed.

Spain can, of course, introduce a new type of tourist or homeowners visa for third country nationals that permits longer single stays but that involves changing Spanish law.  Like all political parties throughout the world, the parties are looking at manifesto pledges that will appeal to their electorate throughout their country, and away from a few coastal areas the idea of a new tourist or homeowners visa is unlikely to be a vote winner, so unlikely to be much of a priority for any of the major political parties.  So we are left working with the status quo of 90/180 - I didn't vote for brexit but I am bound by the consequences of it (sadly).

elinspain wrote on Fri Oct 7, 2022 5:54pm:

Hello

 Well explained DaveBev - if clarification of the rules is required ( and as you can see, it is) this is a great post.

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Cheers

Elinspain