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Living is Spain as a non-resident

#21
Konstanz said:
Just read Shakira story. But that was the case when somebody snitch you to tax inspectors. In Shakira case it was her ex.
https://english.elpais.com/economy_...tax-agency-followed-the-trail-of-shakira.html
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very interesting. It also shows what kind of data they need to frame you. So i guess if you don't have paparazzi after you that can then provide the taxman with pictures + dates it's gonna be challenging for the taxman to show you've been there for 181 days around the year. That if you aren't using credit cards and you aren't just flying in and out in regular flights i suppose (although i'm not sure if airline companies disclose these info, iirc they do it only in case of terrorism?)
 
#22
Hermana said:
Yes you can have your summer house in Spain, not a problem.
You can either stay there <183 days a year or you can rent it out. If you rent it out, you will declare the rent and you will pay I believe 20% taxes over this as a non resident.

Spanish tax office does check utilitiy bills on a regular base, and other signs that you are spending more then 183 days in Spain. So if someone is in your house >183 and you did not declare rent, then they will claim you were there more then 183 days and you have a very diffecult case.
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Utility bills are not enough to prove your residence - nowadays they are automatically charged from your local bank account, either you are present in the country or not.

But they might and probably will check bank statements and other proofs of non-declared residency, from neighbours to speed cameras catching your car ;)

Just having the house and other assets and spending less than 183 days a year will not make you resident, unless they will specifically come after you and you will have to prove that your main residence is somewhere else.

You can use Cyprus as a home residence, spend 61+ day, buy/rent a property there and be an employee of a local company. That might be enough, having a job in another country is usually the strongest "tie".

Unless you have a kid in Spain, then you really need an experience lawyer to work this out.
 
#23
kkein said:
So i guess if you don't have paparazzi after you that can then provide the taxman with pictures + dates it's gonna be challenging for the taxman to show you've been there for 181 days around the year. That if you aren't using credit cards and you aren't just flying in and out in regular flights i suppose (although i'm not sure if airline companies disclose these info, iirc they do it only in case of terrorism?)
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Nowadays the taxman just looks at peoples IG or FB accounts...oh and I am not kidding either. So don't keep an FB, TWT or IG account smi(&%
 
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#24
I wonder if they also (can) have access to airline companies data. With that it would be piece of cake to assess whether someone has been 180+ day somewhere or not. After all, once IG and FB will be known issue, non-idiots will stop using them
 
#25
kkein said:
very interesting. It also shows what kind of data they need to frame you. So i guess if you don't have paparazzi after you that can then provide the taxman with pictures + dates it's gonna be challenging for the taxman to show you've been there for 181 days around the year. That if you aren't using credit cards and you aren't just flying in and out in regular flights i suppose (although i'm not sure if airline companies disclose these info, iirc they do it only in case of terrorism?)
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Taxmen can get all information, but as you say. If you don't have paparazzi or someone who snitch you in, this would be difficult to prove if you have no kids, no wife and residence else.
 
#27
kkein said:
I wonder if they also (can) have access to airline companies data. With that it would be piece of cake to assess whether someone has been 180+ day somewhere or not. After all, once IG and FB will be known issue, non-idiots will stop using them
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They can. They can also track your mobile phone signal and phone records. Police do this every day in crime fighting.
 
#28
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#34
Hermana said:
Having a kid that lives in Spain is not a good idea, independent of the flat. Unless you are divorced.

Owning a holiday flat is not a problem at all. Many people do that.
Make sure to file any rents or if not, make sure no one 'll be there for more then 183 days. If you are there for 4 monts and your sister will be there for 4 monts, you have a problem. Independent of the prove you have.
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How to solve this issue (if I'll stay in my Spanish house for 4 months and my friends for another 4 months)?

Should I do a rental agreement for 1 EUR between me and my friends? Any other solution?
 
#35
mike400 said:
How to solve this issue (if I'll stay in my Spanish house for 4 months and my friends for another 4 months)?

Should I do a rental agreement for 1 EUR between me and my friends? Any other solution?
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Make sure to prove everything as well as you can, both about your whereabouts as your friends and the fact that they do not pay. (I am not sure if this is allowed with friends)
Ask advise from a lawyer. I think you will win at the end (someone who did this with family in his house won in the end), just all the hassle...
Get a 55 euro/year legal assistance insurance, so you won't have the legal costs if they start a problem.
 
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#36
mike400 said:
How to solve this issue (if I'll stay in my Spanish house for 4 months and my friends for another 4 months)?

Should I do a rental agreement for 1 EUR between me and my friends? Any other solution?
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You may be okay, you may never have a problem if you do that, but if they start an investigation on you, you better have not done anything sketchy because they'll do whatever is in their hands in order for you to lose, and you'll have to prove them wrong, not otherwise. I know people who own properties through sketchy companies and stuff like that and they're pretty much okay, but if taxmen want to go after you, they will go hard. Also don't open any bank accounts in any Spanish bank because if you get into trouble, they'll freeze it in the blink of an eye
 
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#37
Martin Everson said:
Applies to both. As a non-resident you are taxed on your assets {property etc} you hold in Spain unless you hold your Spanish assets in Madrid where there is no wealth tax.....for now.


Again forget about that Spain if tax is a concern. I looked into Spain and having a summer villa there as a non-resident years ago. I worked out I would be financially raped.
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How does this work out? I'm thinking of buying a flat in Barcelona, living there 3-6 months a year, renting it the rest of the year.
 
#40
georgio said:
How does this work out? I'm thinking of buying a flat in Barcelona, living there 3-6 months a year, renting it the rest of the year.
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I don't know the numbers for your apartment. Speak to a Spanish accountant before doing anything.
 
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