Can Italian Exceed 90 days?

Q.- We have had an apartment in Majorca for over 20 years for our use during holidays. I have an Italian passport and my wife has an English passport. We have no intention to be permanent residents in Spain.

We have been told that because I hold an Italian passport, I am not restricted by the 90-day rule. Does this ruling only apply to myself or is my wife equally entitled?

J.C. (Baleares)

A.- EU citizens are not exempt from the 90-day rule. The tourist stay of 90 days is a European Union rule which applies to EU citizens as well at to citizens of third nations.  An Italian may not stay in France or any other EU country as a tourist for more than 90 days, for example.

At the end of the 90 days he must return to his home country, his country of tax residence, or leave the European Union completely. He may not return to any EU country not his home for 90 days. Strict enforcement of the 90-day rule is causing problems for many second-home owners.

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