# Question about non-lucrative visa



## DanielBrooks (May 3, 2017)

Is there a thread I can read to get information about the non-lucrative visa? If so I will look at it to answer these questions:

If I obtain the non-lucrative visa, am I required to live in Spain for a minimum amount of time per year? It looks like six months but the only place I've confirmed this is on a Chinese site (resulting from a random Google search) iinstructing people about the Spanish non-lucrative visa. 

With the non-lucrative visa, I understand it's possible to earn income from renting out property in Spain, in other words, to have such passive income. I ask because we are renting out one apartment now and want to buy two or three more apartments near Malaga and and rent them out as well, while living permanently in Spain. Is such passive income subject to Spanish income tax for someone with the non-lucrative visa? 

My other question is about taxes as well. I understand that with the non-lucrative visa, the holder can have no active income and there is no need to report income in other countries earned from such sources as investments in stocks, bonds and other rentals. On the other hand, I'm reading that anyone who lives in Spain more than 6 months becomes a tax resident and needs to report their global income. As the non-lucrative visa holder, am I a a non-tax resident even though I live in Spain more than 6 months out of every year and do I need to report my global holdings and earnings? 

Reading this, I suppose I need to consult a tax specialist...


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## kalohi (May 6, 2012)

DanielBrooks said:


> Is there a thread I can read to get information about the non-lucrative visa? If so I will look at it to answer these questions:
> 
> If I obtain the non-lucrative visa, am I required to live in Spain for a minimum amount of time per year? It looks like six months but the only place I've confirmed this is on a Chinese site (resulting from a random Google search) iinstructing people about the Spanish non-lucrative visa.
> 
> ...


Nobody has answered you so I'll give a stab at it.

It's true that with the type of residency permit you will get, you must live in Spain for a minimum of 6 months, and your main residence during the time your residency permit is valid must be Spain. There are lots of websites that confirm that, although I suspect they're mostly in Spanish.

Anyone who spends more than 163 days in a calendar year in Spain is tax resident in Spain. That includes people in Spain on a non-lucrative visa. Also be aware that as a US citizen you are always tax resident in the US, no matter where in the world you live. 

Depending on the consulate where you apply for your non-lucrative visa, you are allowed to work "remotely" and have active income while living in Spain. 

Hope that helps! Good luck!


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## DanielBrooks (May 3, 2017)

Thanks! That makes sense. The question I have remaining is the implications of being a tax resident in Spain. By definition I would be one, as a holder of a non-lucrative visa, because of the requirement to be in Spain at least six months per year. I now need to find out if, as a tax resident, I would need to report my income in other countries and be subject to taxation on income I earn outside Spain. 

I'm going to go to a tax specialist and get the answer. Once I have it, I'll post my findings.


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## xabiaxica (Jun 23, 2009)

DanielBrooks said:


> Thanks! That makes sense. The question I have remaining is the implications of being a tax resident in Spain. By definition I would be one, as a holder of a non-lucrative visa, because of the requirement to be in Spain at least six months per year. I now need to find out if, as a tax resident, I would need to report my income in other countries and be subject to taxation on income I earn outside Spain.
> 
> I'm going to go to a tax specialist and get the answer. Once I have it, I'll post my findings.


Yes you'd need to report all worldwide income. Whether or not you would actually pay any more tax would depend on tax treaties with whichever country the income is from.


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## DanielBrooks (May 3, 2017)

Thanks. I now have the full picture.


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## GTTSPK (Jun 20, 2016)

I assume, as long as you can prove means for living in Spain, it should be fine for renewal... I strongly advise maintaining your bank statement sufficient throughout the year to meet min financial criteria.
Remember, you shall pay Taxes on your rental income and also no resident Tax, its modelo 210 i think.


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