Not necessarily. According to Law 14/2013 regulating the Golden Visa, there is no requirement to reside in Spain for the renewal of the Golden Visa, and so from a tax point of view, it is not obligatory to be a tax resident in Spain.
Having a Golden Visa does not require you to reside in Spanish territory, therefore you are not required to pay tax as a Spanish tax resident. If the tax rules of your country of origin are more favorable, you can opt to pay your taxes there, and pay non-resident tax in Spain.
It’s important to distinguish between the law that regulates the residence through the Golden Visa and the law that regulates tax residence in Spain. According to the rules of tax residence in Spain, and in accordance with article 9 of Income Tax Law 9, the following criteria determines whether a taxpayer has permanent residence in Spanish territory.
To be considered a habitual resident of Spain, one of the following criteria must be applicable:
- Residing more than 183 days during a calendar year in Spanish territory – sporadic absences will be taken into account when calculating the period of time residing in Spanish territory unless the individual can prove they are a resident in another country for tax purposes.
- The main base for activities and economic interests is directly or indirectly located in Spanish territory.
Unless proof of residence elsewhere is presented, it will be presumed that the taxpayer is a habitual resident in Spain when, in accordance with the above criteria, the spouse who is not legally separated and the minor children dependent on the taxpayer are permanently residing in Spain.
If according to the above, holders of the Golden Visa are considered habitual residents of Spain and thus a taxpayer, they will have to pay tax on their worldwide income in Spain. Double taxation can be avoided through the double taxation agreement between Spain and the country of origin of the income. You can find out more about the tax implications as a Spanish tax resident using the following guide on Tax Returns in Spain.
On the other hand, if, according to the tax rules, holders of the Golden Visa are considered for tax purposes as non-resident of Spain, they will be taxed as tax residents in their country of origin instead.