Can they stay longer?

Q.- Many people who own properties in Spain would like to spend more than ninety days here during the year, but they are worried that they will be limited to only ninety days after the transition period expires on the 1st of January 2021.

Some are applying for residency in the belief that this will allow them to spend more than ninety days in Spain and that they will not be liable to pay residents’ income tax unless they stay for more than 180 days in a year. Can you shed any light?

M.L. (Costa Blanca)

A.- First, the tourist stay in Spain is limited to 90 days in any period of 180 days. After the stay of 90 days the tourist must leave Spain for 90 days before he can legally return.

This is not new. It has always been the rule. Secondly, anyone who holds a residence permit is liable for Spanish income tax.

Period. And a person who stays in Spain more than six months without a residence permit may also be deemed subject to Spanish tax on the grounds that Spain is the country where he spends the most time.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.