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What is the difference between the 90 day rule and 183 day rule for staying in Spain?

Posted: Tue Mar 1, 2022 7:05am
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Posts: 26

Location: Benahavis

Joined: 9 Jun 2020

Hi - I have been living and working in Benahavis, Spain until retirement on 5/2021 and had a residencia card & paid taxes.  I left Spain when I retired and went to the US for a visit.  I am a US citizen and will be returning to my home in Spain in August 2022. Am I required to only spend 180 days in Spain or any EU country?  If so, what is the 90-day rule?

Thank you!

Posted: Tue Mar 1, 2022 2:29pm

clifton1971

Helpful member

Posts: 372

star144 helpful points

Location: Estepona

Joined: 11 Oct 2019

Posted: Tue Mar 1, 2022 2:29pm

BAPG wrote on Tue Mar 1, 2022 7:05am:

Hi - I have been living and working in Benahavis, Spain until retirement on 5/2021 and had a residencia card & paid taxes.  I left Spain when I retired and went to the US for a visit.  I am a US citizen and will be returning to my home in Spain in August 2022. Am I required to only ...

 

Read more...

...spend 180 days in Spain or any EU country?  If so, what is the 90-day rule?

Thank you!

Hi 

If you are a  Non-Resident in Spain with a US Passport , you may visit  for 90 days out of 180 days. You must then leave the Schengen area for 90 days and spend the next 90 days out of Spain in another country outside Europe.. You may then return to complete your other 90 days. The 183 day rule is that you have spent more than a total of 180 days in Spain and are now  required to take up Fiscal  Residence and start paying annual taxes in Spain on your worldwide income.

Hope this helps you !!!!!!

Nigel

Posted: Wed Mar 2, 2022 5:06am

BAPG

Original Poster

Posts: 26

Location: Benahavis

Joined: 9 Jun 2020

Posted: Wed Mar 2, 2022 5:06am

Thank you.

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Posted: Thu Apr 21, 2022 6:56am

BAPG

Original Poster

Posts: 26

Location: Benahavis

Joined: 9 Jun 2020

Posted: Thu Apr 21, 2022 6:56am

clifton1971 wrote on Tue Mar 1, 2022 2:29pm:

Hi 

If you are a  Non-Resident in Spain with a US Passport , you may visit  for 90 days out of 180 days. You must then leave the Schengen area for 90 days and spend the next 90 days out of Spain in another country outside Europe.. You may then return to complete your other 90 days. The 183 ...

 

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...day rule is that you have spent more than a total of 180 days in Spain and are now  required to take up Fiscal  Residence and start paying annual taxes in Spain on your worldwide income.

Hope this helps you !!!!!!

Nigel

I am a resident of Spain for the next 5 years per my residence card, and a citizen of the USA. However, I do not want to pay worldwide taxes in Spain.  Therefore, can I stay 180 days and then leave the Schengen countries?  If so, what is the 90-day rule?  Thank you.

Posted: Thu Apr 21, 2022 9:55am

clifton1971

Helpful member

Posts: 372

star144 helpful points

Location: Estepona

Joined: 11 Oct 2019

Posted: Thu Apr 21, 2022 9:55am

BAPG wrote on Tue Mar 1, 2022 7:05am:

Hi - I have been living and working in Benahavis, Spain until retirement on 5/2021 and had a residencia card & paid taxes.  I left Spain when I retired and went to the US for a visit.  I am a US citizen and will be returning to my home in Spain in August 2022. Am I required to only ...

 

Read more...

...spend 180 days in Spain or any EU country?  If so, what is the 90-day rule?

Thank you!

Good  Morning

Here are some links which you might find helpful.

https://www.spenceclarke.com/articles/the-rules-for-tax-residency-in-spain-conflict-with-residencia-rules/

https://www.immigrationspain.es/en/maximum-time-outside-spain-without-losing-residency/

https://www.immigrationspain.es/en/long-term-residency/



Nigel

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