Marbella-based Larraín Nesbitt Abogados (LNA) has over 22 years of experience at your service. We offer a wide range of 60 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record of successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2025. Plagiarism will be criminally prosecuted

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
1^st of April 2025

Introduction

On buying property in Spain, you should be mindful the title is clean. It is fairly common the previous owner is in arrears. In Spain, the golden rule is that debts follow the property not the debtor. Meaning, when you take over ownership, you also take on the mantle of all the existing debts from the previous owner. This is why you should hire a conveyance law firm - like us - to carry out a thorough due diligence on the title ensuring everything is above board.

1. Tenants. On buying property, the new owner takes on the position of landlord and must respect - by law - the duration of a pre-existing rental agreement. You should know some rental agreements in Spain lock you in for ten years… and you cannot update the rental.
2. Utility invoices (water, electricity, etc). Outstanding utility invoices are a nuisance as utility companies may shut down the supplies. Reconnecting the electric supply, for example, can set you back 500 euros and you need to wait at least 4 weeks to top it off.
3. Community of Owners. Properties within a community can be in arrears. The new owner takes on all the debts dating back five years, which can be substantial.
4. Local taxes. The property can be in arrears with taxes levied by the local town hall. In the worst case, the property can be impounded and sold off in a public auction to recoup the debt. The new owner is held liable for all taxes going back four years.
5. Title. It is important to acquire a clean title. Mortgages, embargoes, liens, etc can weigh down on a property’s value.
6. Banned holiday rentals. A new trend is developing in community of owners, whereby they agree to ban holiday rentals outright. There is no point investing in a nice beach pad if you are not allowed to rent it out. It goes without saying that a property which cannot be leased legally has a substantially reduced market values as opposed to other similar properties in the area which can.

I have only listed the basic six, but you should be aware there are far more points to look out for. Which is why we strongly urge you to contact an experienced law firm like ours on buying property in Spain, especially if you are a foreigner and are unfamiliar with the buying procedure.

t Larrain Nesbitt Abogados (LNA) we have over 22 years of experience specializing in taxation, and property conveyance. We also assist clients with immigration & residency visas and inheritance procedures (probate). You can contact us by e-mail at info@larrainnesbitt.com, by telephone on our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

Larraín Nesbitt Abogados, small on fees, BIG on service.
2025© Raymundo Larraín Nesbitt. All Rights Reserved.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 22 years of experience at your service. We offer a wide range of 60 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record of successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2025. Plagiarism will be criminally prosecuted

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
1^st of March 2025

Introduction

It is no secret the best visa in Spain is hands down a Golden Visa.

So much so, that the Spanish government was under huge pressure to put an end to them.

Spain ends its wildly popular Golden Visa program on the 3rd of April 2025.

You have until that day to apply for the best and most coveted visa.

Unbeknownst to you, if you bought a property in Spain on or after September 2013 you are eligible to qualify. It is important to note that Golden Visas work retroactively. If you already own a property in Spain, you may apply for one.

Anyone interested should apply right now, before April’s deadline.

This is your last chance to apply for a Golden Visa before the window of opportunity closes.

Golden Visas take under 3 weeks to attain through us.

For example, US nationals buying property anywhere in Spain could apply for it almost at no extra cost.

Golden Visa frequently asked questions

1. Can I still apply for a Golden Visa?

Yes, you still can.

You have until the 3^rd of April 2025 to apply, hurry.

2. If I apply for a golden visa now, and the Spanish government phases them out in April, am I still entitled to renewals?

Yes, you are.

The fact that the Golden Visa program is being phased out does not preclude your statutory visa renewal rights, do not worry.

You may continue renewing the Golden Visa indefinitely for as long as you please.

3. What happens if I apply now for a Golden Visa, and the Spanish Immigration Office replies after the 3^rd of April 2025?

Nothing happens.

As long as you apply now, before April’s deadline, your application will go through as normal, do not worry.

Madrid can, and will, reply to your Golden Visa application post-April’s deadline; it does not impact on your application in any way, do not worry

4. Can I work in Spain? Can my family work in Spain?

In short, yes.

A Golden Visa is one of the few visas that allows you, and your family, to work in Spain (optional).

5. Are Golden Visas retroactive?

Indeed, they are.

If you bought a property in Spain, on or after the 29^th of September 2013, you may qualify.

6. Can I live anywhere in Spain?

Yes, anywhere you choose:

Barcelona, Costa del Sol, Granada, Madrid, Malaga, Mallorca, Seville and Sotogrande; so many great places to choose from.

Conclusion

There are several visas you can apply for if you plan to move to Spain.

We offer a full summary in our Idealista article: Moving to Spain in 2025? Spanish visa overview.

However, the king of all visas is the Golden Visa.

It is by far the most privileged visa one can attain in Spain.

Which explains why the government was under huge political pressure to suppress them.

Our multidisciplinary team at Larrain Nesbitt Abogados (LNA) has attained over one thousand visas over the last decade for our non-EU clients and their families.

At LNA we get you a golden visa in under three weeks.

Take advantage of Golden Visas while they last, apply today!

Your family’s success is only one call away.

LNA has a 100% track record of attaining Spanish visa & residency permits since 2013. We have assisted over one thousand satisfied visa clients and their families.

At Larrain Nesbitt Abogados (LNA) we have over 22 years of experience specializing in taxation, and property conveyance. We also assist clients with immigration & residency visas and inheritance procedures (probate). You can contact us by e-mail at info@larrainnesbitt.com, by telephone on our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

Larraín Nesbitt Abogados, small on fees, BIG on service.
2025© Raymundo Larraín Nesbitt. All Rights Reserved.

Raymundo Larrain gives a sweeping overview of the Spanish visa system. If you are a non-EU national, and plan to move to Spain, this article is for you.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 21 years’ of experience at your service. We offer a wide range of 60 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record of successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2025. Plagiarism will be criminally prosecuted

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
8^th of January 2025

Spain is the second most visited country in the world, with over 84 million tourists every year. It’s a beautiful country to explore or live in. Gorgeous weather, delicious food, affordable prices, great amenities, and ultra-low taxation (in some regions) appeal to foreigners at large. Many of these tourists decide to settle down and buy a property in Spain.

In recent years, Spain introduced two new immigration schemes with significant tax advantages associated with those that qualify: Beckham’s Rule  (named after the English football player) and also the Digital Nomad Visa. The former applies only to EU/EEA nationals, whereas the latter applies to non-EUs. The tax advantages offered by both schemes are identical, mirroring each other.

Both of these allow applicants to pay NO tax on assets or income held abroad. Moreover, on the income derived strictly in Spain, applicants pay only a flat fee, which is a mere fraction of the standard tax rates. These two immigration schemes have been purposely devised to attract foreign overachievers, so they relocate to Spain alone, or with their families. Due to their unique tax advantages, they are proving wildly popular amongst foreign applicants (more details below).

The major novelty this year is that Golden Visas will be phased out after a decade. Golden Visas end on the first week of April 2025. However, the lucky few who applied on time will still be able to renew them without any issues going forward.

Post-Brexit, UK nationals have a visa waiver of up to 90 days within every rolling 6 months in the Schengen Area (which includes Spain). However, if they wish to stay for a period of time exceeding 90 consecutive days, they must apply for a Spanish visa. This is known as the 90/180-day rule. This article supplies a brief overview of the main visa permits you can attain in Spain.

As a general rule:

• If you are a non-EU national, and wish to stay in Spain for over 90 consecutive days, you need to apply for a visa. Please be advised not all visas have associated the right to work in Spain.
• If you are an EU/E.E.A. national, and wish to stay in Spain for over 90 consecutive days, you need to apply for a Spanish residency permit. This is cheap and fast-tracked (takes a few weeks). We offer this service: Spanish Residency permit for EU nationals (includes TIE card & NIE number)

A Spanish visa allows you to live anywhere in Spain; you will be spoilt for choice: Barcelona, Costa del Sol, Granada, Madrid, Malaga, Mallorca, Seville, Sotogrande and Valencia.

At LNA, we can help you attain a visa, or a residency permit, to live in Spain legally in record time at an affordable price. Your case will be handled by one of our immigration lawyers assisted by a visa manager.

General requirements for all Spanish visas

Unlike other countries, you are not required to have a minimum proficiency in Spanish language to apply for a visa. Whilst this is true, I strongly advise to learn the language, at least at a basic level, to better blend in and understand Spanish society. You will find that natives greatly appreciate the effort and will be far more receptive towards you. Spanish is fairly easy to learn, by rapport to other languages, and is the second most important language in the world. It is the official language of 21 countries.

The following five are staple requirements across all visa types:

1. Non-EU national
2. Hire private health insurance
3. Clean criminal record, no trace (previous 5 years)
4. Be financially self-supporting (you will not claim benefits)
5. Not be living in Spain illegally at the time of making the visa application

Spanish visa overview

Spain offers five visas for non-EU nationals.

At LNA, we can assist you with all five visas listed below plus Beckham’s Rule (which is not a visa, it’s a tax scheme for EU nationals).

Some visas suit applicants better than others. Some offer unique tax advantages.

1. Golden Visa – Investor Visa

This is the king of all visas.

Spain’s government announced it will be scrapping this visa. It should have ended on the 31-12-24. However, they passed a new law in January giving a 3-month grace period to apply for it during 2025. Golden Visas now officially end on the 3^rd of April 2025.

During this three-month transition period, Golden Visa applications will still be accepted, and applications pending as of the effective date will still be reviewed normally.

The investor visa is for affluent non-EU applicants. It is popularly known as a ‘Golden Visa’. It’s a blue-ribbon visa that rolls out the red rug for its privileged holders and neatly cuts through all the red tape. Its purpose is to foster foreign investments in Spain. Whilst there are many different paths to attain a GV, the most popular (and least expensive) is by investing in Spanish real estate. This requires investing €500,000 in real estate, in one, or more, properties.

Golden Visas apply retrospectively; meaning that any non-EU national who bought a property in Spain for over 500k on, or after, the 28th of September 2013 qualifies.

Unlike the other four visas listed below, renewals are not tied to proving you live in Spain all year round. They are based on keeping the investment. This ability to override the 90/180-day rule and not being ‘forced’ to live in Spain, makes it one-of-a-kind and goes on to explain why it is coveted by affluent individuals.

Another point to consider is that a Golden Visa is the ONLY visa in Spain which does not make you tax resident in Spain on attaining it.

If you do not fancy paying tax in Spain (on your worldwide income & assets), and want to override the 90-day rule, this is the right visa for you. GVs allow you the right to work in Spain (optional).

This visa is for 3 years and is attained by us in under 3 weeks.

Suitable for:

• Affluent applicants who invest €500,000 in Spanish real estate.
• Affluent applicants who deposit €1mn in a Spanish bank.
• Affluent applicants who invest €2mn in Spanish Treasury bonds, or €1,000,000 in shares of publicly trading Spanish companies.
• Business project. Develop a business project in Spain that generates employment, has a significant socioeconomic impact, or involves scientific and technological advances.

Further reading:  Spanish Golden Visa Explained

2. Digital Nomad Visa (tax-free visa)

After the demise of the Golden Visa in April 2025, the DNV is next in line to occupy the visa throne as the most sought after in Spain. DNVs extend to family members i.e. spouse and children under the age of 18 years old. It allows applicants to work remotely from Spain i.e. teleworkers.

The main advantage is its privileged taxation. It grants applicants a special tax regime whereby they pay ultra-low tax (or in most cases none at all!) as opposed to standard tax rates that apply to Spanish tax residents. This visa is attained by us in under 3 weeks.

Key tax advantages:

• No tax on assets & income abroad. This is of special interest for applicants holding substantial assets and overseas earnings (i.e. HNWIs), which would all go untaxed by Spain.
• Pay a flat tax rate of 24% on the first €600,000 of gross annual earnings in Spain. This translates into tax savings of 50%, or more, on income derived strictly within Spain.
• Not required to file a 720 tax return (unlike Spanish tax residents)
• Not required to file Wealth Tax (unlike Spanish tax residents)
• Automatic tax deferrals on call (unlike Spanish tax residents)

Suitable for:

• International teleworkers
• Self-employed (freelancers) who manage their foreign business remotely
• HNWI and UHNWIs
  

Further reading: Digital Nomad Visa explained (tax-free visa)

3. Marriage Visa – Family Regroupment Visa

It’s intended for families or couples that have been separated, in and out of the EU. It seeks to reunite them in an expedited manner within the EU. So, although this type of visa is popularly dubbed as ‘Marriage Visa,’ it would rather be more appropriate to label it as ‘Family Visa’.

Its scope goes well beyond a married couple. It ought to be understood in broader terms, as in family reunion. As its name implies, couples should be married (including same-sex partners), this is the core requirement. Alternatively, it can also be a civil partnership. This visa allows you the right to work in Spain. This visa has low fees, and it is fast-tracked, taking between one to four weeks.

Suitable for:

• Separated family members that wish to reunite within the EU
• Married couples
• Non-married couples

Further reading:  Marriage Visa explained

4. Pensioner’s Visa – Non-Lucrative Visa (NLV)

This is Spain’s Retirement Visa. It allows applicants to live but not work in Spain. Only retirees should apply for it.

The applicant will be expected to be financially self-supporting and will be required to prove he or she has enough savings for at least two years. This visa is ideal for retirees who wish to spend extended periods of time in Spain – without working – enjoying the finer things in life.

It is the cheapest visa available. It takes 2 to 3 months.

Suitable for:

• Pensioners

Further reading: Pensioner’s Visa explained

5. Business Visa – Lucrative Visa

As its own name implies, this permit allows the applicant to work in Spain as you will be self-employed. This residency applies to someone who is looking to set up his own business in Spain. This requires a proactive hands on attitude. Typically, you will be acting as a director or managing director overseeing a company. Needless to say, one of the key requirements is that you will have enough means to be self-supporting, both for yourself and your family, for one year.

The catch, besides a cast-iron motivation, is that you need to invest in the ballpark of €80,000 to €100,000 to open & run a business in Spain. You will also be required to hire employees and enrol them in Spain’s Social Security (the cornerstone of this visa). Visa renewals are contingent on the business making a profit every year. This visa allows you, and your family, the right to work in Spain as self-employed. This visa has associated the highest fees, and also takes the longest (3 to 4 months).

Suitable for:

• Entrepreneurs
• Applicants (families) wishing to set up and run a business in Spain
• Self-employed

Further reading:  Lucrative residency permit (Business Visa)

6. Beckham’s Rule

Please note this is not a visa. It applies only to EU/EEA nationals (who do not require a visa).

It is a special tax regime whereby taxpayers pay low tax, or none at all.

EU/EEA nationals who relocate to Spain on the back of a job contract offered by a Spanish employer may apply. It offers identical tax advantages to the Digital Nomad Visa. It has moderate fees and the procedure is expedited. It takes under a month to attain.

Suitable for:

• EU/EEA nationals
• High-ranking expatriate employees
• HNWI and UHNWIs

Further reading: Beckham’s Rule explained

“I speak Spanish to God, Italian to women, French to men, and German to my horse.“– Charles V, Holy Roman Emperor, Archduke of Austria, and King of Spain.

LNA has a 100% track record of attaining Spanish visa & residency permits since 2013. We have assisted over one thousand satisfied visa clients and their families.

At Larrain Nesbitt Abogados (LNA) we have over 21 years’ experience specializing  in immigration & residency visas. We also assist clients buying, selling, or renting properties in Spain. You can contact us by e-mail at info@larrainnesbitt.com, by telephone at our UK line (+44) 0754 3838 218, or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Residency services available from LNA:

• Golden Visa Service (Investor Visa)
• Non-Lucrative Visa (Pensioner’s Visa)
• EU-Family Regroupment (Marriage Visa)
• Digital Nomad Visa (Tax-free visa)
• Lucrative Visa (Business Visa)
• Non-Domiciled Tax Regime (Beckham’s Rule)
• Spanish Residency permit for EU nationals

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

Raymundo Larrain reviews Spain Retirement Visa (officially known as a Non-Lucrative Visa, or NLV for short).

Marbella-based Larraín Nesbitt Abogados (LNA) has over 21 years of experience at your service. We offer a wide range of 60 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record of successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2024. Plagiarism will be criminally prosecuted

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
8^th of December 2024

Introduction

It is not without reason this visa is popularly dubbed the Pensioner’s Visa. The fact is that in my experience young applicants are routinely turned down. To apply successfully, you should be of retirement age.

This visa was devised and aimed at a specific demographic collective which are retirees.

Young applicants, of working age, should abstain from applying.

What is a Pensioner’s Visa?

It is a residence permit granted to all senior non-European nationals who wish to live in Spain.

This visa allows applicants to live in Spain, but not to work.

Key benefits of a Pensioner’s Visa

• Immediate residency. Allows you to live in Spain overriding the 90/180-day limitation.
• Freedom of movement in the European Union. Allows visa-free travel throughout the Schengen Area (29 countries).
• Clear rules. Initially granted for 1 year, then renewable every 2 years.
• Ultra-low fees. Cheapest visa available. Conversely, it’s also the one that takes the longest to process.

Requirements to attain a Pensioner’s Visa in Spain

1. Cannot be working at the time of making the visa application
2. Be of pensioner age
3. Be financially self-supporting. You cannot be working, you need to live of savings and pension pot
4. Secure private healthcare in Spain. You can then switch over to an S1. 
   
5. Relocate to Spain

Pensioner’s Visa application procedure

1. Collate all the required documents
2. Visa application is submitted to Spanish Immigration Authorities
3. Visa granted in several months (2 to 3 months)
4. Attain a biometric residency card in Spain

Frequently asked questions

1. Does this visa allow me the right to work in Spain? I want to set up a bed and breakfast in Spain.

No, it does not grant the right to work in Spain.

Moreover, you cannot be working at the time of applying for this visa. This is closely monitored by Spanish Immigration Authorities, both on the initial application and also on the visa renewal. A B&B is ruled out.

If you get caught working (in Spain or abroad), you will be stripped of this visa and deported.

You are expected to live only on savings and pension.

That is why young people are rejected, because they are of working age.

        2. Do I need to relocate to Spain permanently?

Yes, that’s the whole point. You are meant to start a new life living in Spain all year round.

This is closely monitored on visa renewal.

If you are unable to prove you have been living long-term in Spain your visa renewal will be turned down.

           3. Can I live anywhere in Spain?

Yes, anywhere. Take your pick: Barcelona, Costa del Sol, Granada, Madrid, Malaga, Mallorca, Seville, and Sotogrande.

Conclusion

Pensioner Visas are only suitable for applicants who are committed to relocate and live in Spain long term. The idea is to retire to Spain and live your twilight years enjoying life at its best.

However, if you plan to continue living abroad (i.e. in the UK), and you are only applying to circumvent the 90/180-day rule, this visa is not for you.

Our multidisciplinary team at Larrain Nesbitt Abogados (LNA) has attained hundreds of visas over the last decade for our non-EU clients.

LNA has a 100% track record of attaining Spanish residency

Larraín Nesbitt Abogados, small on fees, BIG on service.

At Larrain Nesbitt Abogados (LNA) we have over 21 years of experience specializing in immigration & residency visas. We also assist clients in buying, selling, or renting properties in Spain. You can contact us by e-mail at info@larrainnesbitt.com, by telephone at our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Residency services available from LNA:

• Non-Lucrative Visa (Pensioner’s Visa)
• EU-Family Regroupment (Marriage Visa)
• Digital Nomad Visa (Tax-free visa)
• Golden Visa (Investor Visa)
• Lucrative Visa (Business Visa)
• Non-Domiciled Tax Regime (Beckham’s Rule)
• Spanish Residency permit for EU nationals

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author will result in criminal prosecution. Ní neart go cur le chéile. VOV.

Larraín Nesbitt Abogados, small on fees, BIG on service.
2024 © Raymundo Larraín Nesbitt. All Rights Reserved

Raymundo Larrain reviews the Spanish ‘Marriage Visa’.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 21 years of experience at your service. We offer a wide range of 60 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record of successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2024. Plagiarism will be criminally prosecuted

By Raymundo Larraín Nesbitt

Director of Larraín Nesbitt Abogados
8^th of November 2024

Introduction

Although I will refer to it throughout this article as a Marriage Visa (because it rolls off the tongue nicely and it’s snappy for marketing purposes) the fact of the matter is that this is really a Family Reunification Visa. A dull legal term I’ll avoid like the plague.

The legal implication is that the scope of the visa is broader, and goes well beyond marrying someone, let alone an EU national. Moreover, you can attain this visa by not being married to someone (!) who may not even be an EU national (!!). Confused? Good.

For simplicity’s sake, I’ll just continue to call it a Marriage Visa, but in the understanding its scope goes well beyond marriage. Perhaps Family Visa would be a more appropriate name.

What is a Marriage Visa?

It is a residence permit granted to all non-European nationals on being married to an EU national, or alternatively, to a settled non-EU.

It also applies to analogous affectionate relationships (so long as proven).

This visa allows applicants to live in Spain and work (optional).

It opens the path to permanent residency (after 5 years) and to Spanish nationality (after 10 years).

Key benefits of a Marriage Visa

It offers multiple advantages. A red rug is rolled for its applicants, as the EU wants families to reunite as fast as possible.

• Immediate residency. Allows you to live in Spain overriding the 90/180-day limitation.
• Freedom of movement in the European Union. Allows visa-free travel throughout the Schengen Area (29 countries).
• Fast-tracked. They are expedited, in some cases granted in under a week.
• Longest-lasting visa. Right off the bat you are given 5 years (the maximum). Renewals every 5 years.
• Clear rules. Initially granted for 5 years, then renewable every 5 years.
• Right to work. This visa allows the right to work in Spain.
• Low fees. Processing fees are low, making it one of the cheapest visas available.

Requirements to attain a Family Visa in Spain

1. Marry an EU national (civil or religious weddings are accepted), or
2. Marry a non-EU national who has already attained a residency permit to live in Spain (settled), or
3. Be in a relationship with someone who is residing in Spain. This will have to be proven by official documents.
4. Be financially self-supporting.
5. Secure private healthcare in Spain.
6. Relocate to Spain.

Marriage Visa application procedure

1. Collate all the required documents
2. Visa application is submitted to Spanish Immigration Authorities
3. Visa is granted in under 30 days through us
4. Attain a biometric residency card

Examples of Marriage Visa holders

• Non-EU marries non-EU. UK Barry marries Josephine, a Jamaican national with a residence permit to live in Spain.
• Non-EU marries EU national. Arianne, a Canadian national, marries Gunther, a German national residing in Spain.
• Non-EU marries Spanish national. Lula Mae, a US national, marries Maria Luisa, a Spanish national.
• Non-EU family reunification within the EU. Mohammed, a Moroccan national residing in Spain, brings his family over to Spain (wife, four children, and mother-in-law).
• Analogous relationships. Surfer Tyler is in a relationship with David, a French DJ working in Ibiza.

Frequently asked questions

1. Do I really need to get married?

Eh, not really.

It is the core requirement, but alternatively, other types of analogous relationships – other than marriage – are also accepted, at least in theory.

However, in practice, a great deal of problems arise with proving analogous relationships, which leads to widespread visa rejections.

2. Will I become tax resident in Spain?

Yes.

3. Does this visa give me the right to work in Spain?

Yes, on equal footing with any Spanish national.

4. Can I live anywhere in Spain?

Yes, anywhere. Take your pick: Barcelona, Costa del Sol, Granada, Madrid, Malaga, Mallorca, Seville, and Sotogrande.

Conclusion

Marriage Visas are only suitable for applicants who are committed to relocating and living in Spain. If you plan to remain abroad, or do not fancy becoming tax resident in Spain, this visa is not for you.

Our multidisciplinary team at Larrain Nesbitt Abogados (LNA) has attained hundreds of visas over the last decade for our non-EU clients.

At LNA we get you a Marriage Visa in under four weeks.

Your family’s success is only one call away.

LNA has a 100% track record of attaining Spanish residency

Larraín Nesbitt Abogados, small on fees, BIG on service.

At Larrain Nesbitt Abogados (LNA) we have over 21 years of experience specializing in immigration & residency visas. We also assist clients in buying, selling, or renting properties in Spain. You can contact us by e-mail at info@larrainnesbitt.com, by telephone at our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Residency services available from LNA:

• EU-Family Regroupment (Marriage Visa)
• Digital Nomad Visa (Tax-free visa)
• Golden Visa (Investor Visa)
• Non-Lucrative Visa (Pensioner’s Visa)
• Lucrative Visa (Business Visa)
• Non-Domiciled Tax Regime (Beckham’s Rule)
• Spanish Residency permit for EU nationals

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author will result in criminal prosecution. Ní neart go cur le chéile. VOV.

Raymundo Larrain reviews Spain’s Digital Nomad Visa, a new type of visa which allows its privileged holders to pay no tax in Spain on income and assets abroad. The DNV is all about paying no tax.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 21 years of experience at your service. We offer a wide range of 60 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record of successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2024. Plagiarism will be criminally prosecuted

Amanda busy at work from her new Marbella office

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
8^th of October 2024

Introduction

Do you fancy living in Spain but paying fewer taxes (or even none at all)?

Are you a high-earner, or have a sizeable estate abroad?

Are you able to relocate and telework from Spain?

If the answer to all three is yes, the DNV should be top on your radar.

What is a Digital Nomad Visa?

The DNV is a residence permit granted to non-European nationals on teleworking from Spain.

It requires you to either be hired by a foreign employer or be a freelancer.

This visa allows applicants, and their dependants, to live and work in Spain.

Tax benefits of a Digital Nomad Visa

The DNV is the first of a new generation of visas which aims to attract high-rollers to Spain. Spain saw the wild success of the UK’s popular non-domiciled tax scheme (geared towards UHNWIs) and decided to copy it. First, it came up tentatively with Beckham’s Rule in 2015 (only aimed at EU nationals), and then decidedly in 2023 it expanded its tax benefits to all non-EUs through its Digital Nomad Visa program.

Needless to say, the main outlier of DNVs is that you pay little to no tax. No other Spanish visa offers these superb tax advantages collated below.

This is of particular interest to HNWI, or UHNWI, who are being overtaxed in their home countries.

The DNV allows you to relocate to Spain and pay a testimonial tax rate on personal income earnings.

It has associated multiple tax benefits:

• All income derived abroad goes untaxed by Spain.
• All assets located abroad go untaxed by Spain.

In other words, any source of worldwide income or assets are tax-exempt (just like with the popular UKs non-dom tax scheme). The only exception is any income derived abroad from working.

• DNV holders only pay tax strictly on the income they derive working remotely in Spain for a foreign employer. They will pay a flat tax rate of 24% on the first €600,000 of gross annual earnings over a five-year period. This translates into tax savings of 50%, or more, on income you earn strictly in Spain
• You are not required to file a 720 tax return (unlike Spanish tax residents)
• You are not required to file Wealth Tax (unlike Spanish tax residents)
• You can request to defer tax payments on the first and second year, without attracting penalties or delay interests being rolled on top (as is standard)
• For the purposes of other tax agencies, you will be tax resident in Spain.

Example of a DNV holder

Amanda Hollingsworth is the CEO of a young and upcoming AI company. She holds £8mn in savings and investments. She owns two rented properties in London, one in Paris, and a penthouse in New York adding a further £21mn. Amanda believes she overpays tax in the United Kingdom and decides to explore new options to pay less tax.

The nature of Amanda’s job allows her to relocate to Spain and telework from there, commuting unfettered to the UK – or elsewhere – as many times as she sees fit. The Company’s Board decides to reward her with a £400k wage packet on working from Spain.

If she attains a DNV in Spain:

• The £8mn she holds in savings & investments would go untaxed by Spain.
• The £21mn property portfolio she holds abroad (London, Paris, and New York) would also go untaxed by Spain.
• The rental income she derives from her two rented properties in London would also go untaxed by Spain.
• The only tax she would be subject to in Spain is personal income tax on the £400k she earns. Normally – as a Spanish tax resident – she would be subject to a top marginal rate exceeding 50%, but because she holds a DNV, she only pays a flat tax rate of 24% on her gross annual earnings, saving over 50% in personal income tax!

In view of the above, Amanda concludes she can greatly mitigate her tax bill by applying for a DNV and relocating to Spain.

Barcelona, Costa del Sol, Granada, Madrid, Malaga, Mallorca, Seville and Sotogrande; so many great places to choose from.

What is better, to apply for a DNV from a Spanish consulate or from Spain?

You can apply for a DNV either from a Spanish consulate in your home country or from Spain (through us). However, the time frames, visa duration, and general support provided are indeed very different. In the below chart you can clearly see the advantages of applying through us from Spain in lieu of a consulate:

Requirements to attain a Digital Nomad Visa in Spain

Core criteria you need to meet to apply for a DNV

1. You are employed (or self-employed i.e. freelancer) by a foreign company
2. You have a work contract (12 months, or more) from a foreign company that allows you to work remotely in Spain i.e. telework
3. You have been working for three months, or more, for this foreign employer.

 I. General staple requirements (apply to all Spanish visas)

1. You are a non-EU national.
2. Hire private health insurance from an approved Spanish health provider, or
3. Enrol in the Social Security
4. Clean criminal record (no live trace) on the previous 5 years.
5. Not be already in Spain illegally at the time of making a visa application.

II. DNV specific requirements

1. You need to prove you are hired by a foreign company. You need to have been working for this employer at least 3 months prior to making a DNV application. A work contract is the core requirement (12 months, or more). A copy of your job contract is required. Alternatively, if self-employed (freelancer), a letter from the company and company records proving it has been operational for more than 12 months.
2. You need to supply a copy of holding formal academic qualifications i.e. a university degree, business school, or professional qualification, or
3. alternatively, you need to prove you have at least 3 years of work experience in the job position you are being hired for.
4. Not to have resided in Spain during the previous 5 years of making a DNV application (e.g. a holder of an existing Golden Visa would be excluded).
5. Not to obtain income from a permanent establishment in Spain.

Digital Nomad Visa application procedure

1. Collate all the necessary documents
2. Electronic visa application is submitted to Madrid
3. Visa is granted
4. Attain a biometric residency card

How long does a DNV take to attain?

Through us, under 3 weeks.

Conclusion

If you are a high earner, or simply a very wealthy individual, and don’t fancy paying much tax, you should look into a Digital Nomad Visa.

DNVs offer unique tax advantages that no other visa can hope to match, including the coveted Golden Visa.

Some clients don’t even care about the visa, all they want is to pay 90% less tax. And the DNV allows it. If done right, DNVs can be wielded as a powerful tax-mitigation tool at the disposal of non-EUs. Why overpay tax?

At LNA we assign you a visa agent who will guide you throughout the whole application procedure, cutting through all the red tape. This saves you time, money, and aggravation.

LNA attains a DNV in under 3 weeks.

Our multidisciplinary team at Larrain Nesbitt Abogados (LNA) has attained hundreds of visas over the last decade for our non-EU clients.

Your family’s success is only one call away.

LNA has a 100% track record of attaining Spanish residency

Larraín Nesbitt Abogados, small on fees, BIG on service.

At Larrain Nesbitt Abogados (LNA) we have over 21 years of experience specializing in immigration & residency visas. We also assist clients in buying, selling, or renting properties in Spain. You can contact us by e-mail at info@larrainnesbitt.com, by telephone at our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Residency services available from LNA:

• Digital Nomad Visa (Tax-free visa)
• Golden Visa Service (Investor Visa)
• Non-Lucrative Visa (Pensioner’s Visa)
• Lucrative Visa (Business Visa)
• EU-Family Regroupment (Marriage Visa)
• Non-Domiciled Tax Scheme (Beckham’s Rule)
• Spanish Residency permit for EU nationals

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author will result in criminal prosecution. Ní neart go cur le chéile. VOV.

Larraín Nesbitt Abogados, small on fees, BIG on service.
2024 © Raymundo Larraín Nesbitt. All Rights Reserved

Raymundo Larrain reviews the Spanish 'golden visa', which can still be obtained despite government plans to abolish it.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 21 years of experience at your service. We offer a wide range of 60 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record of successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2024. Plagiarism will be criminally prosecuted

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
8^th of September 2024

What is a Golden Visa?

The Golden Visa is a residence permit granted to non-European nationals on investing in Spain.

This visa allows applicants to live and work in Spain (optional).

It opens the path to permanent residency (after 5 years) and to Spanish nationality (after 10 years).

Key benefits of a Golden Visa

It offers multiple advantages which I cover extensively in my article: Golden Visa in Spain: 21 reasons to apply. 

Spain’s Golden Visa offers several benefits, namely:

• Immediate residency. Allows you - and your family - to live and work in Spain overriding the 90/180-day limitation.
• Freedom of movement in the European Union. Allows visa-free travel throughout the Schengen Area (27 countries).
• Tax advantage: Unlike every other visa in Spain, the Golden Visa is the only one that does not automatically make you a tax resident in Spain on renewals. This is a unique trait of golden visas that is not shared by any other visa.
• Extended family included. Allows the possibility to include the applicants’ parents.
• Clear rules. Initially granted for 3 years, then renewable every 5 years.

Requirements to attain a Golden Visa in Spain

There are several paths to qualify for a Golden Visa:

1. Real estate investment. Invest a minimum of €500,000 in real estate in one, or more, properties (this is hands down the least expensive option).
2. Bank deposit. Deposit €1mn in a Spanish bank.
3. Capital investment. Invest €1mn in shares of a Spanish publicly traded company.
4. Invest in public debt. Invest a minimum of €2mn in Spanish Treasury bonds.
5. Business project. Develop a business project in Spain that generates employment, has a significant socioeconomic impact, or involves scientific and technological advances.

State of Golden Visas in Spain

Recently, there have been many discussions about the possible elimination of the Golden Visa by the Spanish government. However, to date, the Golden Visa remains active and available to any interested investors.

Golden Visa application procedure

1. Collate all the required documents
2. Electronic visa application is submitted to Madrid
3. Visa is granted in under 3 weeks through us
4. Attain a biometric residency card

Frequently asked questions

1. Can I still apply for a Golden Visa? I heard the Spanish government is axing them

Yes, you still can.

The Spanish government announced its plans to eliminate them on the 8^th of April 2024.

However, since then, no concrete date has been given.

All we know at this point is that they intend to eliminate them shortly, but no specific date was supplied.

2. If I apply for a golden visa now, and the Spanish government phases them out, am I entitled to renewals?

The short answer is yes.

As long as you apply now, before they are phased out, you will have no issues to renew your Golden Visa residence permit.

3. When will Golden Visas be phased out by the Spanish government?

No specific date was given.

You can reasonably expect them to be eliminated over the next months. Likely, by early 2025.  

4. Can I work in Spain? Can my family work in Spain?

In short, yes.

A Golden Visa is one of the few visas that allows you - and your family - to work in Spain (optional).

5. Are Golden Visas retroactive?

Indeed, they are.

If you bought a property in Spain, on or after the 29^th of September 2013, you may qualify.

    6. Can I live anywhere in Spain?

Yes, anywhere you choose:

Barcelona, Costa del Sol, Granada, Madrid, Malaga, Mallorca, Seville and Sotogrande; so many great places to choose from.

Conclusion

There are several visas you can apply for if you plan to move and live in Spain. We offer a full overview in our article: Moving to Spain? Spanish visa overview.

However, the king of all visas is the Golden Visa. It is by far the most privileged visa one can attain in Spain. Which explains why the government was under political pressure to suppress them.

Our multidisciplinary team at Larrain Nesbitt Abogados (LNA) has attained hundreds of golden visas (and other visas) over the last decade for our non-EU clients.

At LNA we get you a golden visa in under three weeks.

Take advantage of the Golden Visa, apply today!

Your family’s success is only one call away.

LNA has a 100% track record of attaining Spanish residency

Larraín Nesbitt Abogados, small on fees, BIG on service.

At Larrain Nesbitt Abogados (LNA) we have over 21 years of experience specializing in immigration & residency visas. We also assist clients in buying, selling, or renting properties in Spain. You can contact us by e-mail at info@larrainnesbitt.com, by telephone at our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Residency services available from LNA:

• Golden Visa Service (Investor Visa)
• Non-Lucrative Visa (Pensioner’s Visa)
• Lucrative Visa (Business Visa)
• EU-Family Regroupment (Marriage Visa)
• Digital Nomad Visa (Tax-free visa)
• Non-Domiciled Tax Scheme (Beckham’s Rule)
• Spanish Residency permit for EU nationals

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author will result in criminal prosecution. There is nothing impossible to him who will try. VOV.

Larraín Nesbitt Abogados, small on fees, BIG on service.
2024 © Raymundo Larraín Nesbitt. All Rights Reserved.

Raymundo Larrain reviews the outstanding advantages of the Spanish 'golden visa', which can still be obtained despite government plans to abolish it.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 21 years of experience at your service. We offer a wide range of 60 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record of successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2024. Plagiarism will be criminally prosecuted

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
21^st of July 2024

Our multidisciplinary team at Larrain Nesbitt Abogados (LNA) has attained hundreds of golden visas (and other visas) over the last decade for our non-EU clients.

But what fills us most, is to see clients leading happy and fulfilling lives with their loved ones in Spain.

At LNA, it’s not about visas, it’s about people.

21 reasons to obtain Spain’s Golden Visa

• Security. Safety is taken for granted by modern society. In times of riots, civil strife, and political persecution, security has become an increasingly sought-after commodity. Europe offers a war-free space ideal for young families to raise their children in traditional values. Spain in particular is a safe haven which boasts some of the world’s lowest crime rates. Unsurprisingly, 8 out of the 10 cities with the lowest worldwide crime rates are located within European borders.
• Tax benefits. Golden visas do not make you tax resident in Spain (unlike every other visa). This is a unique advantage exclusive only to golden visas. No other Spanish visa shares this unique trait. Only for this reason, affluent investors find golden visas most appealing if they do not fancy paying tax in Spain. However, if you spend more than 183 days, within a calendar year, you may be regarded as tax resident. Some regions in Spain offer ultra-low taxation.
• Override the 90/180-day EU Schengen limitation (applies only to Spain). A golden visa allows you unfettered access to Spain. You may enter and leave the country as you see fit, even if flight bans are imposed again for health reasons. For all practical intents and purposes, you are treated administratively in equal footing to a national.
• Freedom to travel the Schengen Area (27 European countries). You may spend up to 90 consecutive days (within every rolling 180 days) visiting and travelling throughout the Schengen Area without a visa.
• Clear rules. Initially granted for 3 years, then renewable every 5 years.
• No minimum stay required (unlike other visas which force you to spend over 183 days/year in Spain).
• Expedited. Golden visa applications are fast-tracked by rapport to standard visa applications (which take months). LNA attains golden visas in 3 weeks.
• Streamlined. Golden visa applications are (greatly) streamlined, removing unnecessary admin red tape which mars standard visa applications.
• Family included as dependants. Even ascendants, such as parents or grandparents (subject to criteria).
• Flexibility. You decide if you want to spend more or less time in Spain, no strings attached.
• Choice. Golden visas are all about giving applicants choice. You are always in control, you decide, as nothing is imposed unlike in standard visas.
• Modern facilities. Spain is a country at the heart of Europe which offers a myriad of facilities and amenities, modern transportation (high-speed trains), state-of-the-art hospitals, and new highways.
• Longest-lasting visa. Unlike standard visas in Spain, which are time-gated, golden visas offer the longest times upon application and renewal.
• Underaged children may study in Europe. Underaged kids can live and study in Europe, in the company of your partner, whilst you work and earn money abroad.
• Return on investment. Take advantage of Spain´s burgeoning real estate market. Property sales have expanded by double-digits in almost every region compared to the same period last year. Property prices are rising sharply spearheaded by Madrid (+17%), Barcelona (+11%), Mallorca (+15%) and selected coastal areas. Low prices and cheap mortgages will not last forever, dip in whilst you can!
• Education. Europe is home to some of the world’s most respected academic institutions. Secure a bright future for your children allowing them to earn their spurs in life through a meritocratic top-notch education.
• Culture. Europe is a crucible of cultures, a conflux that laces Western and Eastern influences, offering a rich tapestry of history and arts that shaped the world as we know it. Spain’s vast cultural heritage, spanning millennia, is a legacy of commingled cultures that attracts over 85 million tourists every year.
• Languages. Living in Europe opens up prospects for learning languages. Seize the opportunity to master and command some of the world’s most influential languages: English (business & finance), French (arts & diplomacy), German (industry & science), and Spanish (literature & poetry).
• You can work in Spain (optional).
• Leads to permanent residency after 5 years (optional).
• Leads to Spanish citizenship after 10 years (optional).

And last but not least, is the country itself.

Spain has mild weather (with over 300 days of glorious sunshine in coastal areas), friendly natives, unspoilt beaches, excellent food & wine, gorgeous nature, diverse culture, ultra-low tax (in some regions), and stunning architecture with 50 UNESCO World Heritage Sites. I’ve even heard their national football team is passable.

It’s the second most visited country in the world for good reason!

Spain, you will be spoilt for choice.

Conclusion

The Spanish government announced it plans to eliminate golden visas as they are too privileged, as opposed to standard visas. They are expected to be phased out by next year.

Golden visas apply retroactively for any investment made on or after September 2013. You may already qualify without even knowing it! We get you a golden visa in three weeks.

Take advantage of Golden Visa’s 21 benefits whilst you can, apply today!

Your family’s success is only one call away.

LNA, it’s about people.

LNA has a 100% track record attaining Spanish residency

Larraín Nesbitt Abogados, small on fees, BIG on service.

At Larrain Nesbitt Abogados (LNA) we have over 21 years of experience specializing in immigration & residency visas. We also assist clients in buying, selling, or renting properties in Spain. You can contact us by e-mail at info@larrainnesbitt.com, by telephone at our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Residency services available from LNA:

• Golden Visa Service (Investor Visa)
• Non-Lucrative Visa (Pensioner’s Visa)
• Lucrative Visa (Business Visa)
• EU-Family Regroupment (Marriage Visa)
• Digital Nomad Visa (Tax-free visa)
• Non-Domiciled Tax Scheme (Beckham’s Rule)
• Spanish Residency permit for EU nationals

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author will result in criminal prosecution. There is nothing impossible to him who will try. VOV.

Larraín Nesbitt Abogados, small on fees, BIG on service.
2024 © Raymundo Larraín Nesbitt. All Rights Reserved.

Raymundo Larrain gives a sweeping overview on how to sell property in Spain safely.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 21 years of experience at your service. We offer a wide range of 60 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record of successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2024. Plagiarism will be criminally prosecuted

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
8^th of July 2024

Introduction

Today’s article mirrors last month’s Ten easy steps to buy property in Spain.

The following article aims to be a basic checklist covering what I reckon are the ten basic points, nothing more.

There are two taxes involved on selling Spanish property: Capital Gains Tax and Plusvalia Tax.

I’ve divided my article into five points pre-completion and five points post-completion.

As a word of caution, never hand over your house keys before completion (at the notary). As explained in our article: POSSESSION: why you should never hand over your house keys BEFORE completion.

Ten easy steps to sell property in Spain

I. Pre-completion

1. Hire an estate agent

Estate agents in Spain, for the most part, remain unregulated. This means that anyone can be an agent, but few stand the test of time

Good estate agents are proactive, they prove invaluable as they help to fetch a fair sales price in a short span of time (months). By contrast, bad agents are passive, and your house will be on sale for years.

A seasoned agent will decide on what’s the best market strategy to sell your property giving you all kinds of useful tips. Make sure you take to heart these tips, as they greatly impact on positive property viewings. Always ask your agent for feedback after each viewing, taking action where necessary to turn around negative feedback.

On selling, you need to list your property with a property platform such as IDEALISTA (Spain’s number one) or with one, or more, agents. Be mindful of giving an agent exclusivity on your property unless you are sure of what you are doing.

Hallmarks of reputable agencies:

• The estate agency has been around for a long time (years, even decades)
• Ask around for referrals from people you trust
• Member of RICS, which works to (high) British standards
• Member of LPA (Leading Property Agents), or similar
• Glowing reviews and stats across multiple platforms (Trustpilot, Google reviews, etc)
• Excellent contact network
• Superb local market knowledge

Do not trust estate agencies that flaunt shady ’real estate awards’. Every week I'm emailed three of these ‘international awards’ in exchange for money.
Remember, unlike in other countries, estate agents work only for the seller.
Agent’s fees are 100% tax-deductible on selling your property in Spain.

2. Hire a lawyer

Hiring an independent lawyer is the best advice I can give you. If you are a non-resident in Spain (particularly a foreigner), you are strongly advised to instruct a lawyer to assist you through the conveyance procedure. Lawyers are regulated by professional bodies, subject to disciplinary action. Lawyers have professional indemnity insurance in place in the event of malpractice or negligence. Your appointed lawyer can do all the following, and more:

• Line up all the required documents
• Avoid payment scams
• Avoid abusive sales commissions
• Avoid possession issues
• File a 3% tax rebate
• If selling at a loss, filing a tax rebate on the Plusvalia Tax
• Dealing with other lawyers, tax office, agents, banks, notary, community of owners, town hall, etc.
• Dealing with utility companies (water, electricity, gas, landline, etc)
• Discharge a pre-existing mortgage on the property. Buyers demand a clean title, they don’t buy with a mortgage against it
• (Greatly) mitigate the seller’s Capital Gains Tax liability (on average reduce your tax bill by 70% or more)
• Negate the CGT on reinvesting the sales proceeds on a new main home (even outside the EU i.e. in the United Kingdom).

Lawyer’s fees are 100% tax-deductible on selling your property in Spain.

3. Price to sell

It’s of critical importance a seller adjusts the asking price to match market expectations.

I understand - and it is perfectly human - that owners have a penchant towards overpricing their property, all the while overlooking its flaws. However, if you want a smooth sale within a reasonable timeframe (3 months), you must pick an asking price that matches a realistic valuation. Otherwise, you can be waiting for years on end until the property is sold. It is not uncommon to hear people have waited over a decade to sell in Spain (because they did not price the property correctly).

In my professional experience, properties that have been on the market for too long (6 months plus) become a stale listing which acts as poison; would-be buyers start wondering if there is something wrong with the property which drives the sales price in a downward spiral. Unrealistic pricing leads to long sales times.

Remember, be smart, price to sell.

4. Tax compliance

It is strongly advised that sellers are up to date with their tax and maintenance expenses. If you are in arrears with your taxes, this may impact adversely your tax rebates post-completion (see below).

Buyers, on running a due diligence on the title, will get a poor impression when a seller has fallen in arrears. Moreover, in some cases, falling in arrears may even jeopardise a house sale i.e. when a buyer needs a mortgage loan to complete (lenders do not borrow against properties with debts).

5. Documents to sell

As mentioned in the first point above, your lawyer can (greatly) assist you in collating all the necessary paperwork to sell.
The following list is not exhaustive:

• Full scanned copy of your title deed
• Copies of your national ID, passport, NIE number
• Copy of recent utility invoices
• Copy of IBI tax invoices
• Copy of Refuse Charge (Basura, in Spanish)
• Energy Performance Certificate
• Licence of First Occupation
• Scanned copies of the minutes of the last three General Assemblies
• Community of Owner’s Certificate stating the property being sold is not in arrears
• Spanish fiscal residency certificate (to avoid a 3% retention on the sales proceeds)
• Etc.

If all the above points check out, you are ready to roll. A property sale follows three stages in Spain:

1. Sign a reservation contract: in exchange for getting paid €3,000 or €6,000 (dependent on the sales value) you reserve the property over the next 30 days, during which the sales contract must be signed. This is a simple one-page document drafted by the listing estate agency.
2. Sign an arras contract (sales contract): the buyer makes a non-refundable 10% deposit. This detailed contract stipulates a day and time to sign at a notary plus all the sales conditions. This contract is drafted by the buyer’s lawyer.
3. Completion at a notary office. The balance of the asking price is paid and the keys are handed over (possession).

II. Post-completion

6. Capital Gains Tax mitigation

CGT for non-residents is 19%. Again, your lawyer will assist you in gathering all the necessary paperwork to bring down your CGT liability on selling, within the law. Your lawyer can reduce your tax bill by 70%, or more. This is explained in detail in our article Capital Gains Tax mitigation on selling (or gifting) property in Spain.

7. Plusvalia Tax rebate

If you are selling at a loss, you can file a tax rebate on the Plusvalia Tax you’ve paid.

8. 3% tax rebate

By law, buyers withhold 3% of the sales proceeds if a seller is a non-resident. A lawyer can file a tax rebate on the seller’s behalf on all, or part, of the 3%. If a seller is in arrears with his property taxes, this precludes a tax rebate.  This is explained in our taxation article: How to file a 3% tax rebate on the sales proceeds of your Spanish property.

9. Serve legal notice to your community on the house sale

Your lawyer can notify them on your behalf. The reason on why this is necessary is so that all the new invoices they raise are against the buyer, not against the seller. This ringfences your liability.

10. Closing your Spanish bank account & dealing with transfer of utilities

Your lawyer can advise you on this. If you close your account too early, you will jeopardise the tax rebates from the Spanish Tax Office (meaning you lose all your tax refunds!).

Again, your lawyer can ensure the utilitie's contract transfer is smooth, avoiding payment issues or supply disruption. 

Conclusion

If you plan to sell property in Spain, and are a non-resident, contact us to assist you in the legal procedure. We act nationwide.

At LNA we make it all easy, so you just have to sit back and relax. We take care of everything removing all the associated stress.

Not to mention our fees are 100% tax-deductible on selling!

Contact us at LNA (calling either our UK or Spain landline) and one of our friendly staff will chat with you.

21 years of experience at your service.

Related services available from LNA:

• Conveyancing in Spain – Buying
• Conveyancing in Spain – Selling

“Même s'il me faut lâcher ta main / Sans pouvoir te dire à demain / Rien ne défera jamais nos liens (...) L'amour est plus fort que le chagrin.” – Françoise Hardy

Françoise Madeleine Hardy (1944 – 2024).  Born in Paris, was a gifted French singer-songwriter and actress. Mainly known for singing melancholic sentimental ballads (Tous les garçons et les filles), Hardy rose to prominence in the early 1960s as a leading figure of the yé-yé wave, and went on to become a cultural icon both in France and internationally. In addition to her native French, she also sang in multiple languages. Aussi belle que douée.

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