# Tax advice and Schengen visa use...?



## ozvic (Apr 26, 2011)

Hi all,

Was after some advice if possible re visas/tax.....

My husband ,I and my daughter are currently Australian citizens living in Australia and thinking of relocating to Spain. I have a UK passport also, so this will be straightforward for me I think and I believe my daughter would have no problems getting residency as my dependent...??

My husband however is just on an Aussie passport. He works in Asia and as such would be flying in and out of Spain (he is away for a month and then would be in Spain for a month). As such could he just get a Schengen visa every time he flies in, ie would be one every six months as they are valid for 90 days out of 180 ??? As he would not be working in Spain at all. Is there a limit to how many times they will issue one person with this visa?

We would like to avoid him becoming a resident as we think he would then be would be liable for Spanish tax...? He will be in Spain less then 183 days a year and all our finances would remain in Australia.....

Any advice from seasoned Spanish dwellers would be very welcome- thanks!


----------



## Bevdeforges (Nov 16, 2007)

I don't know the specifics for Spain and Spanish taxes, but you're flirting with some fairly serious consequences here.

That "183 day rule" is only an indication, not a hard and fast thing when it comes to taxes in the international community. It's "presumed" that you are resident in a country if you spend at least 183 days a year there - but even if you don't make the 183 mark, there are other indicators they can use.

In your case, the big one that leads to proclaiming you "tax resident" in Spain is the fact that the family is resident there and that your husband will be returning to you there on a regular basis. That does indicate that his primary residence is in Spain, no matter where you keep your bank accounts or where he is paid. They will assume, too, that you're not going to fly back to Oz every time you need to see a doctor - so if you're making use of the Spanish medical facilities, that's another indication of your true residence, at least for tax purposes.

Anyhow, that's the international take on the situation. I'm sure someone with specific Spanish experience will chime in here.
Cheers,
Bev


----------



## ozvic (Apr 26, 2011)

Thanks for your reply Bev- I guess he does have a residency visa and pay tax in his country of work too...something we need to find out more about for sure...we know other people living there and working overseas who arent paying tax, but they are on UK passports so that may make a difference i guess
do you know if there is a limit to the amount frequency of Schengen visas you can get?
thanks again!


----------



## Joppa (Sep 7, 2009)

ozvic said:


> do you know if there is a limit to the amount frequency of Schengen visas you can get?


As an Australian, your husband doesn't need a Schengen visa. His passport will usually be stamped on each entry to the Schengen area and with it he can stay for 90-in-180 days. Provided he doesn't exceed this limit, he can keep on coming to Spain without a pre-obtained visa.


----------



## ozvic (Apr 26, 2011)

Great! thanks so much for that info Joppa, will make it v easy for him to come and go at least


----------

