Non Lucrative Visa, The Timings and Taxes including Capital Gains Tax
Updated: Jan 8
The Checklist for the Non lucrative Visa.
I am often asked when is the best time to start the paperwork, or how long does it take?
What you first need to do is have a time scale in which you would like to move to Spain, do you need to make sure that you are not subject to any Capital Gains Tax, if you have a house to sell?
The general rule is to first check if you think you will be liable for the Gain Tax in the first place, i have had many mistake that All the sale was to be accounted for.
Of course if you have lived in the house for years and it has no mortgage and you know it will be a lot of gain then continue to the next step below.
To work out the "Gain" deduct any mortgage on it, work out what you have spent on the property since buying it, such as home improvements, new window, extensions including any costs such as solicitor fees, estate agent fees, and then share the total left between the owners, this is your share of the gain, on this you will also get allowances against tax, so it may be that it isn´t a lot to worry about.
If the Gain is a lot and you intend to use it to purchase another property then you have up to 18 months or the next tax return to offset against it, bear in mind the house must have been your main residence in the previous 3 years.
On the other hand if it is a lot of money and you absolutely do not want to pay capital gains tax then the better option is to not become a fiscal resident in Spain before the 3rd of July in the Tax year or having spent more than 183 days in the country which can make you resident.
If over 65 year and having property in the UK which has been your home for over 3 years, then this will make the CGT not applicable to you.
Keeping all that in mind and if any of it is applicable to you then work out the time you would like to come over and start your new life.
Lets talk about August and it NOT being a good time to try and do anything in Spain, its too hot, and most Spanish shut or have skeleton staff on for the month, as you will see once you move here or have ever been in August, they do work but frustratingly slow, so be prepared to wait and have patience in this month.
The paperwork as we know is always in abundance and has to be dated within 3 months, so the timing is crucial as any government or official paperwork needs translating and have the Hague Apostle.
The first documents should be to get the police report submitted, please ask for assistance in this if you don´t feel comfortable or have the time, while waiting on this order your new marriage certificates if you are applying as a couple, and birth certificates for any children, the best place to start is the registrar who did them or direct from the government office in the country they was issued.
while waiting on these you can then seek my assistance if needed to help with the Visa form and the EX01 and Tasa that is needed to take with you on the day.
Get the bank statements looked at and other monetary proofs needed,
You will need to show the Iprem for the 1st year and it can be in the form of a monthly pension, a yearly Iprem, shares and dividends if you get them,
lately some consulates have been asking for the P45 as you are not allowed to work on the NLV
You will need to get your healthcare in order, and the medical certificate that´s needed.
Have some passport size pictures taken as you are going to need a few!
Now once the police report comes back, the marriage and birth certificates if applicable along with the medical certificate if its not done with the Spanish Doctor, these are going to need translating and apostle, in between the translation and apostle of the police report, this is needed to make an appointment at your allocated consulte in your country of residence
You are now going to need copies of All your passport and copies of all the paper work you have just had done!
Ask for the check list and price list on this i can help with as much or as little as you like, it depends on how you want to be, if you have the time or if you just do not want the stress!
I can also recommend translators that are on the registered list and a healthcare provider that can assist with the medical certificate too, to avoid the hassle of the doctors, translations and apostle.
Sorry to say this doesn't stop here, as once you get into Spain you are then required to sign on the padrón at your local town-hall and the apply for the TIE within a month of arriving , although they are NOT holding you to the month as appointments are hard to obtain in some areas, the Visa itself is a 90 day Schengen visa which is to give you time to get into Spain and hopefully settle a little then apply for the TIE card, as above the immigration are aware the appointments are scarce and as long as we are trying and obtaining the padrón they are saying not to worry.
For this the Ex17 and a further Tasa 790/012 is required and an appointment must be made.
We at Expay and our Partners at Gospain.co.uk will take care of all of this with our new all inclusive package
Currently, the 400% IPREM value per month for 2023 is €2350 . This gives an IPREM value of €7200(minimum) per year. Having 400% of the amount means that your bank account must have €28,800 or more if you include your family members to monthly€600 or yearly €7200 per person for your visa application to be approved.
Once you have the TIE and are settled then you need to remember that the HMRC need to be informed so file the P85, this will inform them that you are a now a Fiscal "Tax " resident of Spain and they will issue you with a NT code, you will them be able to File your Tax returns here as Normal, if you are ever taxed in the UK or visa versa then we can always use the Double Tax within the Tax return to reclaim or Not pay Tax as there is a box to input this information on the modelo 100
Don't forget ALL income needs to be declared but not all income is Taxed and as above can be subject to the DT.
See my other articles on Taxes Due.
Once again , if you are happy to go it alone that´s great! however if you feel you need a little or all my help then please do not hesitate to get in touch. please read my other articles on Taxes and other visas.
Link to our Non Lucrative Visa Package