# 90 Day Rule



## Richardch (May 5, 2015)

hi All,

I am planning a trip to Spain for 6 months starting at the beginning of October. I don't want to register in Spain. we will rent a villa for 6 months.

so i just wanted to check how i stand on the 90 day rule, if i understand it correctly, if i do 90 days in 2015 say starting n the 3rd October and 90 days in 2016 i will not need to register?

would i need to leave spain for a few days in between the two 90 day periods?

thanks for your help.


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## snikpoh (Nov 19, 2007)

Richardch said:


> hi All,
> 
> I am planning a trip to Spain for 6 months starting at the beginning of October. I don't want to register in Spain. we will rent a villa for 6 months.
> 
> ...


I don't think it's based on a calendar year - although others interpret the Spanish law differently. No one seems to be able to decide what the law means so it's down to whoever interprets it on the day.

Anyway, if you go somewhere else after 90 days (for just 1 day) and keep proof of doing so, then you will be OK. The bigger issue is to stay under the 183 tax residency rule.


At-the-end-of-the-day, I don't actually think you'll have any problems. Just keep as much evidence as you can (just in case).


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## larryzx (Jul 2, 2014)

As Snikpoh says, it is 90 days PERMANENTLY as a visitor, so at least in theory if you leave for any length of time, I would think an overnight stay in say Gib, Portugal etc then you start the 90 days again.


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## Richardch (May 5, 2015)

Thanks guys.


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## bandit1250 (Aug 5, 2014)

you will never get a definitive answer on any of these matters, if your only here for 6 months why put yourself through all the aggro of going to the town hall, police station etc only to be told you are missing some obscure piece of paperwork and to go away and waste another day of your stay returning only to see a different person who interprets the rules in their own way and so on. Before anybody jumps in my face about 'when in Rome', I am fully legal here as I intend to remain here, but you have got to admit they don't make the system user friendly.


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## larryzx (Jul 2, 2014)

bandit1250 said:


> ......... if your only here for 6 months why put yourself through all the aggro ......................... different person who interprets the rules in their own way ..............


Please forgive me for suggesting because it is the law. 

And in passing. Whilst things can be confusing sometimes in Spain, the law about 90 days permanetly, is very clear and I believe not open to any alternative interpretation.


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## Rabbitcat (Aug 31, 2014)

Well obviously its not that clear. Some reckon a day out of Spain restarts the clock- others don't.

Take those living Huelva way. Does a five min walk across the bridge into Portugal for a pint reset the clock?


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## bandit1250 (Aug 5, 2014)

larryzx said:


> Please forgive me for suggesting because it is the law.
> 
> And in passing. Whilst things can be confusing sometimes in Spain, the law about 90 days permanetly, is very clear and I believe not open to any alternative interpretation.


''Please forgive me for suggesting because it is the law''.------you are forgiven, now may I suggest that you re-read the bit in my post about 'when in Rome', and the fact that I am legal.


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## Gazeebo (Jan 23, 2015)

Richardch said:


> hi All,
> 
> I am planning a trip to Spain for 6 months starting at the beginning of October. I don't want to register in Spain. we will rent a villa for 6 months.
> 
> ...


Hello
We are the same as you. We will be renting a villa for six months, but for us it is to help us decide if we wish to stay. We will be leaving Spain for short periods of time so that we do not fall within the 90 day rule. We have been told to keep evidence, receipts etc., so that if we are asked, we have proof that we have left. It is hoped that we will go to France and maybe back to England for short periods of time.
It would be a lot better if all EU countries followed the same rules so we all knew what we are doing!!!


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## baldilocks (Mar 7, 2010)

The 90-day rule as everyone seems to be calling it does not exist. What they say is "if you are here for more than 90 days you are considered to be resident and must comply with certain requirements". They are at liberty to say you are a resident even if you are not here for 90 days continuously (i.e. you slip over the border for a day or two) because they can take the point of view that you are trying to cheat the system (a.k.a. extracting the urine) and that say you are a resident, whether you like it or not, because you maintain a presence here (i.e. you have accommodation to which you will return after your 1 or 2 days away) or any other criteria they choose to apply.


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## Rabbitcat (Aug 31, 2014)

At the end of the day the 90 day requirement is a farce. There are very few authenticated reports of anyone getting fined for breaking it.

Have asked about this often on many forums and its pretty clear it is not exactly being rigorously enforced

183 day tax rule- serious matter and very different story


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## baldilocks (Mar 7, 2010)

Rabbitcat said:


> At the end of the day the 90 day requirement is a farce. There are very few authenticated reports of anyone getting fined for breaking it.
> 
> Have asked about this often on many forums and its pretty clear it is not exactly being rigorously enforced
> 
> 183 day tax rule- serious matter and very different story


Even the 183-day rule is not fixed. If Hacienda decide that your centre of financial interest is in Spain you can be classed as a tax-resident from day 1!


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