# Just under 6 months in spain



## mollymonster (May 26, 2010)

Hi.. read sooo much on this forum about healthcare and residency have got myself really confused..
Helpppp please.. so if myself (54) and my partner (64) sell our uk House and come to CDS and buy a small property and stay for just under 6 months with a view to letting it the other 6 months.. do we have to take residency or just get the NIE number?? 
AND do we have to pay capital gains tax on our UK property sale??
Also do we have to get private health cover for the 6 months?? 
So could someone please talk me through the order I would have to do things??
It all probably seems quite straight forward to people who've been through it.. but when you're just starting out it is so confusing .. just to say - really appreciate all this help and advice.. BIG thanks everyone


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## xabiaxica (Jun 23, 2009)

mollymonster said:


> Hi.. read sooo much on this forum about healthcare and residency have got myself really confused..
> Helpppp please.. so if myself (54) and my partner (64) sell our uk House and come to CDS and buy a small property and stay for just under 6 months with a view to letting it the other 6 months.. do we have to take residency or just get the NIE number??
> AND do we have to pay capital gains tax on our UK property sale??
> Also do we have to get private health cover for the 6 months??
> ...


If you plan to be in Spain for more than 90 consecutive days, you are required to register as resident. For that you need to prove healthcare provision & that you can financially support yourselves. 

For healthcare, if neither of you are state pensioners, then you'll need private healthcare. 

A lot of people 'get around' the requirement to register, perfectly legally, by breaking the stay down into two breaks of less than 90 days, leaving Spain for a couple of days in between. 

Do bear in mind though, that after Brexit, if British citizens are treated like other non-EU citizens, you'll only be able to stay for 90 days in every 180. So if you come for 90 days you have to leave for 90 days before returning.

Of course we won't know for sure for at least another year, but it's worth thinking about. 


I'll leave the CGT question to others who know more about that.


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## mollymonster (May 26, 2010)

Any help with the CGT question folks?? Thanks


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## xabiaxica (Jun 23, 2009)

mollymonster said:


> Any help with the CGT question folks?? Thanks


Have a look through recent threads. It has been dicussed quite a bit in the past week or so


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## mollymonster (May 26, 2010)

Thanks I'll check..


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## Megsmum (Sep 9, 2012)

Caveat... I’m not an expert

Being “ resident “ and “ fiscally resident” are two separate issues.

90 days is the requirement for signing as resident

My understanding is to be fiscally resident and therefore liable to pay tax etc here, the timescale is 180 days. I don’t know if that’s consecutive days or a combination of days.

There are plenty of threads about this matter


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## xabiaxica (Jun 23, 2009)

Megsmum said:


> Caveat... I’m not an expert
> 
> Being “ resident “ and “ fiscally resident” are two separate issues.
> 
> ...


It's about 183 cumulative days a year for tax residency.

If the OP stays less than that, & maintain a base elsewhere, then they won't be tax resident - although if Spain considers the property in Spain to be their main home, which if it's the only property they own is likely to be the case, it won't matter how much, or little time they spend in it, they'll be tax resident.


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## mollymonster (May 26, 2010)

Thank you.. lots of homework (and paperwork!!) to be done.. methinks!!!!


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## trotter58 (Feb 8, 2017)

mollymonster said:


> Hi.. read sooo much on this forum about healthcare and residency have got myself really confused..
> Helpppp please.. so if myself (54) and my partner (64) sell our uk House and come to CDS and buy a small property and stay for just under 6 months with a view to letting it the other 6 months.. do we have to take residency or just get the NIE number??
> AND do we have to pay capital gains tax on our UK property sale??
> Also do we have to get private health cover for the 6 months??
> ...


Where do you intend to live while your Spanish property rented out? It may better to rent out your UK property for 6 months and use the proceeds to rent a property in Spain. This would allow you to try various areas in Spain without committing yourselves. You would need an NIE to rent a property. As a UK resident your EHIC card would still be valid. As a UK resident you could get long stay travel insurance of up to 180 days. 

If you sell your UK home and buy a Spanish property it may be difficult for you to remain a UK resident. If you become, accidentally or otherwise, a Spanish resident then the proceeds from your house sale will become liable to Spanish CGT. I would tread very carefully.


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## mollymonster (May 26, 2010)

So just to try and clarify.. we have sold our UK property 2018 and are going to live with family just for now.. if we come over end Oct 2018, get our NIE number, buy a property (2018) and then only go for our residency after the 3 months which will be in the new tax year (after 1st Jan 2019).. will we have to pay CGT?? I'm thinking not.. am I right?? Also then getting our residency "in" before the magic date of March 2019.. just can't seem to get my head round this!! Off to Place in the Sun expo in couple weeks.. gonna try and get some legal advice then aswell.. but would appreciate your input, as you're there on the ground.. thanks


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