buying an apartment in spain
Discussion
NLV has been subject to recent changes says the website. https://myspainvisa.com/non-lucrative-visa-spain/#...
To renew the non lucrative visa in Spain next year, it was previously obligatory to spend at least 183 days in Spain, since the last ruling, it is not necessary.
El Boletín Oficial del Estado (BOE) on the 5th march 2024 has published a ruling from the Tribunal Supremo which invalidates article 162-2.º-e) of the Real Decreto 557/2011 . This article stipulates that visa holders cannot stay outside of Spain for more than six months within a calendar year («e) Cuando se permanezca fuera de España durante más de seis meses en un periodo de un año»).
This mean that NLV holders would no longer risk losing their visa if they stay outside of Spain for more than six months within a year, provided that all other requirements are met.
To renew the non lucrative visa in Spain next year, it was previously obligatory to spend at least 183 days in Spain, since the last ruling, it is not necessary.
El Boletín Oficial del Estado (BOE) on the 5th march 2024 has published a ruling from the Tribunal Supremo which invalidates article 162-2.º-e) of the Real Decreto 557/2011 . This article stipulates that visa holders cannot stay outside of Spain for more than six months within a calendar year («e) Cuando se permanezca fuera de España durante más de seis meses en un periodo de un año»).
This mean that NLV holders would no longer risk losing their visa if they stay outside of Spain for more than six months within a year, provided that all other requirements are met.
rdjohn said:
NLV has been subject to recent changes says the website. https://myspainvisa.com/non-lucrative-visa-spain/#...
To renew the non lucrative visa in Spain next year, it was previously obligatory to spend at least 183 days in Spain, since the last ruling, it is not necessary.
El Boletín Oficial del Estado (BOE) on the 5th march 2024 has published a ruling from the Tribunal Supremo which invalidates article 162-2.º-e) of the Real Decreto 557/2011 . This article stipulates that visa holders cannot stay outside of Spain for more than six months within a calendar year («e) Cuando se permanezca fuera de España durante más de seis meses en un periodo de un año»).
This mean that NLV holders would no longer risk losing their visa if they stay outside of Spain for more than six months within a year, provided that all other requirements are met.
I assume that NVL holders would still pay their tax in Spain even if they were not resident for 183 days? In other words if you hold a NVL you pay tax in Spain whatever your movements? To renew the non lucrative visa in Spain next year, it was previously obligatory to spend at least 183 days in Spain, since the last ruling, it is not necessary.
El Boletín Oficial del Estado (BOE) on the 5th march 2024 has published a ruling from the Tribunal Supremo which invalidates article 162-2.º-e) of the Real Decreto 557/2011 . This article stipulates that visa holders cannot stay outside of Spain for more than six months within a calendar year («e) Cuando se permanezca fuera de España durante más de seis meses en un periodo de un año»).
This mean that NLV holders would no longer risk losing their visa if they stay outside of Spain for more than six months within a year, provided that all other requirements are met.
Phil. said:
rdjohn said:
NLV has been subject to recent changes says the website. https://myspainvisa.com/non-lucrative-visa-spain/#...
To renew the non lucrative visa in Spain next year, it was previously obligatory to spend at least 183 days in Spain, since the last ruling, it is not necessary.
El Boletín Oficial del Estado (BOE) on the 5th march 2024 has published a ruling from the Tribunal Supremo which invalidates article 162-2.º-e) of the Real Decreto 557/2011 . This article stipulates that visa holders cannot stay outside of Spain for more than six months within a calendar year («e) Cuando se permanezca fuera de España durante más de seis meses en un periodo de un año»).
This mean that NLV holders would no longer risk losing their visa if they stay outside of Spain for more than six months within a year, provided that all other requirements are met.
I assume that NVL holders would still pay their tax in Spain even if they were not resident for 183 days? In other words if you hold a NVL you pay tax in Spain whatever your movements? To renew the non lucrative visa in Spain next year, it was previously obligatory to spend at least 183 days in Spain, since the last ruling, it is not necessary.
El Boletín Oficial del Estado (BOE) on the 5th march 2024 has published a ruling from the Tribunal Supremo which invalidates article 162-2.º-e) of the Real Decreto 557/2011 . This article stipulates that visa holders cannot stay outside of Spain for more than six months within a calendar year («e) Cuando se permanezca fuera de España durante más de seis meses en un periodo de un año»).
This mean that NLV holders would no longer risk losing their visa if they stay outside of Spain for more than six months within a year, provided that all other requirements are met.
rdjohn said:
NLV has been subject to recent changes says the website. https://myspainvisa.com/non-lucrative-visa-spain/#...
Thanks for that - I'd hear that a change was imminent, but not that it had actually happened. That opens Spain up as a possibility again 
Phil. said:
I assume that NVL holders would still pay their tax in Spain even if they were not resident for 183 days? In other words if you hold a NVL you pay tax in Spain whatever your movements?
That would indeed be the interesting piece - In France there's a long stay visa that you can apply for annually and I tick the 3-6 month box. It does not require you to become a tax resident unless you stay more than 183 days and/or extend it. However, you can apply for a new one each year.So I guess the question on the NLV is whether you can re-apply annually - or whether they have truly waived the 183 day requirement. They might still require tax residence for a renewal - so agree, that's the key question.
I'm likely going to go the full tax residency route anyway at some point now I've retired - we just need to make a decision & get organised.
Edited by Car bon on Friday 12th April 07:37
GT03ROB said:
Regarding DNV leading to permanent residency.... my understanding was the requirements were similar to through a NLV. So you need to be there 5 years, with no more than 10 months outside Spain in that period & no period outside to exceed 6 months.
Car bon said:
JEA1K said:
So, what you're saying is that we could apply for resident status during our DNV period (subject to meeting the criteria) and then buy a property of any price on the basis that we are Spanish residents for tax purposes?
Close, there's still a timeframe/process - you keep renewing the DNV for 5 years. DNV might be withdrawn in the future, but generally that's only for new applicants & as long as you renew, would be OK.Gives you more flexibility on property - but the down side is you need to be properly committed to Spain, but sounds like you are.
JEA1K said:
Thanks both. We need to adjust our financial plans in that case as being on the DNV for 5 years minimum means no setting up the business until we're residents. I may well have got used to not working by then
Take some proper advice. The web page above seems like a good resource.There seem to be multiple options / routes to achieve what you want. For example, some people take a NLV for a year, use that time to establish everything & then once established, convert to a different visa type. It's point 4 on this page - https://myspainvisa.com/renew-non-lucrative-visa-s...
JEA1K said:
Thanks both. We need to adjust our financial plans in that case as being on the DNV for 5 years minimum means no setting up the business until we're residents. I may well have got used to not working by then
Depending what you are looking to do there is also whats known as an autonomo, which is different to a DNV. Think of it as a self employment/sole trader visa. .
GT03ROB said:
Phil. said:
rdjohn said:
NLV has been subject to recent changes says the website. https://myspainvisa.com/non-lucrative-visa-spain/#...
To renew the non lucrative visa in Spain next year, it was previously obligatory to spend at least 183 days in Spain, since the last ruling, it is not necessary.
El Boletín Oficial del Estado (BOE) on the 5th march 2024 has published a ruling from the Tribunal Supremo which invalidates article 162-2.º-e) of the Real Decreto 557/2011 . This article stipulates that visa holders cannot stay outside of Spain for more than six months within a calendar year («e) Cuando se permanezca fuera de España durante más de seis meses en un periodo de un año»).
This mean that NLV holders would no longer risk losing their visa if they stay outside of Spain for more than six months within a year, provided that all other requirements are met.
I assume that NVL holders would still pay their tax in Spain even if they were not resident for 183 days? In other words if you hold a NVL you pay tax in Spain whatever your movements? To renew the non lucrative visa in Spain next year, it was previously obligatory to spend at least 183 days in Spain, since the last ruling, it is not necessary.
El Boletín Oficial del Estado (BOE) on the 5th march 2024 has published a ruling from the Tribunal Supremo which invalidates article 162-2.º-e) of the Real Decreto 557/2011 . This article stipulates that visa holders cannot stay outside of Spain for more than six months within a calendar year («e) Cuando se permanezca fuera de España durante más de seis meses en un periodo de un año»).
This mean that NLV holders would no longer risk losing their visa if they stay outside of Spain for more than six months within a year, provided that all other requirements are met.
lord fossil said:
Looking at applying for an NLV to be able to spend more time in our holiday home in Majorca. Has anyone applied for an NLV without using a lawyer or is that a stupid idea?
I haven't but it looks quite straightforward, so depends how much time you have on your hands, I'd give it a go.The requirements seem clearly laid out, but a specialist lawyer would know where to get everything from & would probably do it more quickly.
https://www.exteriores.gob.es/Consulados/londres/e...
It even states - "Rectifying the application: The Consular Office may ask the applicant to submit any missing documents, or to provide additional documents or data that are necessary for a decision regarding the application. The applicant may also be called in for a personal interview." - so sounds like they'd help even if you were not 100% perfect in the first instance.
Car bon said:
I'm likely going to go the full tax residency route anyway at some point now I've retired - we just need to make a decision & get organised.
Best check out the wealth tax implications based on the region you intend to move to and include your pension in the calculations. Edited by Car bon on Friday 12th April 07:37
Phil. said:
Best check out the wealth tax implications based on the region you intend to move to and include your pension in the calculations.
Quite chunky isn't it - I've been back looking into it today & it's fair to say that I'm rapidly going off the idea.So I'm also in the boat of an NLV without tax residency, or I don't bother. France let me have a long stay tourist visa for 6 months, but appears Spain don't have tourism as a valid option.
GT03ROB said:
Phil. said:
rdjohn said:
NLV has been subject to recent changes says the website. https://myspainvisa.com/non-lucrative-visa-spain/#...
To renew the non lucrative visa in Spain next year, it was previously obligatory to spend at least 183 days in Spain, since the last ruling, it is not necessary.
El Boletín Oficial del Estado (BOE) on the 5th march 2024 has published a ruling from the Tribunal Supremo which invalidates article 162-2.º-e) of the Real Decreto 557/2011 . This article stipulates that visa holders cannot stay outside of Spain for more than six months within a calendar year («e) Cuando se permanezca fuera de España durante más de seis meses en un periodo de un año»).
This mean that NLV holders would no longer risk losing their visa if they stay outside of Spain for more than six months within a year, provided that all other requirements are met.
I assume that NVL holders would still pay their tax in Spain even if they were not resident for 183 days? In other words if you hold a NVL you pay tax in Spain whatever your movements? To renew the non lucrative visa in Spain next year, it was previously obligatory to spend at least 183 days in Spain, since the last ruling, it is not necessary.
El Boletín Oficial del Estado (BOE) on the 5th march 2024 has published a ruling from the Tribunal Supremo which invalidates article 162-2.º-e) of the Real Decreto 557/2011 . This article stipulates that visa holders cannot stay outside of Spain for more than six months within a calendar year («e) Cuando se permanezca fuera de España durante más de seis meses en un periodo de un año»).
This mean that NLV holders would no longer risk losing their visa if they stay outside of Spain for more than six months within a year, provided that all other requirements are met.
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