How Do I Apply For Residencia And What Are The Benefits?

Since 1 March 2003, two groups of EU citizens no longer need to hold residence certificates: those people who are legally working in Spain and presently paying Spanish Social Security; also, retired workers entitled to a Spanish State pension who have lived in Spain for more than three years and have worked in the 12 months prior to retirement. Having said that, and although it isn’t obligatory for these people, the residence certificate is always useful as easy proof of your status.

Everybody else who lives in Spain for more than 183 days a year should apply for a residencia.

Applying for your Residency Permit

Applications for residencia are made at your local police station. If you are from an EU member state and you want to live and work in Spain you can apply for your residencia on a Solicitud de autorización de residencia y de autorización de trabajo y residencia. You must provide the following during your application:

1. Original completed application form signed and photocopy
2. 4 passport photos
3. NIE Number
4. Passport and photocopy (with a validity of at least six months)
5. Proof of address whether title deeds to your property or rental contract
6. If applicable, work contract (must be for a minimum of 6 months), plus a photocopy,
7. An original copy of the Certificado de Empadronamiento, obtainable from your local Town Hall
8. Fees, which must be paid via a bank (you will be given a paying-in slip)

 

EU citizens no longer need to show proof of income nor that they have medical insurance – either private or, for example, the British E111 form.

Many people shy away from taking out their residencia because of all the stories about how difficult it is to obtain and also due to the fact that the rules seem to change on a regular basis, but if you are living in Spain permanently there are tax advantages to being resident. The procedure is becoming easier and if you have some knowledge of Spanish you can manage on your own or we can help you for a very reasonable rate.

The Benefits of Becoming Resident in Spain

A resident certificate can be particularly useful in avoiding some of the taxes that non-residents must pay. For EU citizens a Spanish residence permit is called a tarjeta de residencia, it used to be a small credit card sized card but in 2006 it became a certificate and whereas it used to take over a year from start to finish, you can now collect your certificate on the day of application.

Income Tax Liability

As a non resident tourist you will become liable for Spanish tax if you stay in Spain for more than 183 days per calendar year. The fiscal year in Spain runs concurrent with the calendar year. The 183 days are computed as a total, so it does not matter if your total stay has been made up of several smaller periods. This is spelled out both in the Spanish fiscal laws, as well as in the Tax Treaties signed between Spain and a number of other countries including Britain.

How can the administration know if you have been in Spain for more than 183 days now that passports are no longer stamped?

If the administration’s suspicion is aroused, or if someone denounces you (reports you to the local authorities) for any reason, the burden of proof rests with you.

Income tax in Spain

As a resident you must pay income tax on your worldwide income. If you choose to become a resident it is important that you notify the tax office in your home country in the correct manner to ensure you avoid double taxation. Double taxation is where you pay income tax in your home country and in Spain. Tax matters are generally very complex so before applying for your residencia we recommend that you take the time to speak to us to ensure you receive the correct advice that suits your particular case.

The benefits of having Residencia

The following is a list of reasons why it is sometimes beneficial to become a Spanish resident while owning or selling your property in Spain.

Capital gains tax on selling your property

Capital gains tax on the profit made from selling a property is currently charged at a rate of 15% for residents and 18% for non-residents and can be offset on your principal residence.

When selling your principal residence in Spain, you can reclaim or rollover the capital gains tax by purchasing a new principal residence within a certain time period. This opportunity is not open to non-residents.

Residents do not pay the 3% retention

When a non-resident sells a property in Spain, the buyer’s lawyer will retain 3% of the declared sales price as a guarantee for the pending capital gains tax liability, as a resident vendor you will not have this deduction.

No Impuesto Sobre la Renta tax on principal residence

As a resident you do not pay income tax on the notional letting value tax or the Impuesto Sobre la Renta on your principal residence.

Residents pay lower taxes on rental income

Tax on renting your property is paid as part of your annual income tax return. If you are a non-resident, you are liable for an income tax rate of 25% for all the income you make on the property. Residents can take advantage of new 50% reduction of this figure.

Furthermore, as a resident, if you declare your rental, you can put down the maintenance expenses of your property as a business expense and deduct this from your tax bill. Maintenance charges include costs such as the mortgage.

Residents have a tax break on wealth tax

As a resident you will receive a tax break 150,000€ on your Spanish property when making your Impuesto Sobre el Patrimonio or wealth tax declaration. If you jointly own the property with your spouse the tax break is doubled meaning that the first 300,000€ of your estate is not liable for tax. Non-residents receive no tax break.

Income tax breaks

Residents in Spain can have a tax break up to the first 3,300€ earned. People over the age of 65 receive a tax break on the first 3,900€ earned

Inheritance tax bonuses

Being a Spanish resident provides certain tax breaks that will be very important for immediate family during the succession of your estate in Spain. Immediate family members could save large sums of money by receiving up to 95% reduction in the taxable amount.

Social security and health care benefits

A person from an EU country who is resident in Spain, or from any country that has a bilateral agreement with Spain on Social Security coverage, and who is included in the Social Security system of his own country, may use the Social Security system in Spain, both as a tourist and as a resident.

EIHC card and E121

If you are a non-resident living in Spain as a tourist you must apply for the EIHC card in your home country before arriving in Spain, and you will be covered for emergency situations by the Spanish health system. But, if you are a resident in Spain, over retirement age, you must have an E121 from your home country. You will then have complete health cover in Spain.

Other benefits of having a residence permit in Spain

The vote (based on the Maastricht Agreements for Union citizens and on bilateral agreements for Norwegians) in Spanish municipalities and/or European elections, is reserved for persons who have their main residence in Spain, and who are registered on the padron (electoral roll) in their municipality (council). Non-residents have no voting rights.

For many people, regardless of their nationality, the advantages of becoming a resident, seen from the tax point of view, outnumber any disadvantages.