Reply To: Avoiding The Burdens of Fiscal Residency in Spain

Mark Stücklin

Okay, false alarm. Raymundo, one of our legal contributors, had this to say about the Youtube video:

He’s just saying that if someone owns property in Spain (not their main abode) but earns money abroad and actually have their main set of interests abroad on requesting a certificate of fiscal residency at their home country they cannot be regarded by Spain, following jurisprudence in his own words, as being fiscal resident in Spain.

Anyone spending more than 183 days in Spain or else whose main centre of interests (business, wife, kids) is located in Spain will still be regarded as fiscal resident by the AEAT.

Basically he’s just setting the record straight for golden visa hunters who buy property in Spain i.e. Russians. He’s setting the criteria for them not to be regarded by the Tax Office as fiscal residents i.e. request of fiscal resiency in their home country. They would still be subject to non-resident taxation. He’s just reviewing the different types of “permisos de residencia” which I wrote on detail in my article:

Investor Guide to Spain’s Golden Visa Law

It’s not a legal loophole to circumvent fiscal laws