Do you want to stay in Spain as a Digital Nomad? Our tax and immigration lawyers offer comfortable relocation.Whether you are new to the Spanish legal system or lived here before, we will guide you to the desired outcome.
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How to relocate to Spain?
Remote workers have a big variety of immigration opportunities. Depending on the country of origin and job details, you will be able to choose between a Business Activity or a Non-Lucrative Residence permit. As well we share understanding how to avoid double taxation. Our lawyers securing effortless migration while helping to save your money and time.
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Lexidy is a modern, dynamic, and innovative law firm. We inspire and support digital nomads and freelancers, people with endless curiosity to explore the world. We aim to assist them in fulfilling all dreams to live life to the fullest.
Our experience is over 6 years of helping people. Our lawyers assisting people in making the most out of the future by taking steps toward it now.
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HOW TO LIVE IN SPAIN AS DIGITAL NOMAD ?
In case you are a digital nomad and you plan to work and reside in Spain, it is important to take into account your job circumstances. It helps to understand which residence permit option is the one you have to apply for: The Non-lucrative Residence Permit or the Business Activity Residence Permit.
Apply for Business Activity Residence Permit if:
YOU WANT TO SET UP A COMPANY IN SPAIN AND WORK AS ITS ADMINISTRATOR
If you want to establish a company in Spain, you can act as its administrator. You have to have the company established and registered with the corresponding registry before the application for the Business Activity Residence Permit, before the Spanish Consulate corresponding to your country of residence, presenting all the required documentation. Should you wish that your company initiates the activity before you obtain the residence permit. In this case, you will have to appoint a legal representative of that company in Spain, which must be a Spanish citizen or a resident in Spain. Furthermore, you will have to find a place from where you will conduct the activity in Spain, which can be an office, a co-working space, or your home if your work can be done from there.
WORKING AS FREELANCER
In case you plan to work as a freelancer in Spain, without a company, and invoicing to your clients on your name, even if they are foreign clients, you will have to register with the Spanish Social Security and, thus, you would not be able to apply for the Non-Lucrative Residence Permit. In that case, you would have to apply for the Business Activity Residence Permit, before the Spanish Consulate corresponding to your country of residence, presenting all the required documentation.
Apply for Non-Lucrative residence permit if you are:
DIRECTOR OF A FOREIGN COMPANY
If you are the director of a foreign company, and you plan to reside in Spain, while operating your foreign company, which issues invoices in the name of the the company, you would not have the obligation to register with the Spanish Social Security and you would be able to apply for the Non-Lucrative Residence Permit.
EMPLOYEE OF A FOREIGN COMPANY
In case you are an employee of a foreign company and you plan to keep on working remotely while residing in Spain for that foreign company, you would not have to register with the Spanish Social Security, and you would be able to apply for a Non-Lucrative Residence Permit. However, bear in mind that, lately, some Spanish Consulates are requesting a letter of resignation signed by the employer and the employee, in order to accredit that the applicant for the Non-Lucrative Residence Permit will NOT work in Spain remotely (this is contradictory to what is established by law but, as we know, the different consulates can have their own criteria).
A Digital Nomad living in Spain might have the obligation to pay Spanish Personal Income Tax. This will happen when any person working remotely or at the office is over 183 days physically in Spain. Therefore, he/she will become a Spanish Tax Resident. As such, will have to pay taxes on the worldwide income, which will include the income of remote work.
How to avoid being taxed in Spain?
In order to avoid it double taxation, the Digital Nomad will have to provide a certificate to Spanish Tax Authorities. It is named a Certificate of Tax Residency the country of the previous residence, for the tax year that Spanish tax Authorities might request. Otherwise, Spanish Tax Authorities will consider the Digital Nomad as a Spanish Tax resident and make him pay the corresponding taxes in Spain on the worldwide income, plus penalties.
Should you be in Spain over 183 days, you will have to register before the Spanish Social Security as a freelancer and pay the monthly contributions to the system. This will imply certain accounting obligations we will be glad to assist you with.
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