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.

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.

The initial visa is granted for ONE YEAR if the acquisition of one or more properties for a minimum amount of € 500,000 has been demonstrated. A residence permit may be requested within that period, which will be granted initially for TWO years.

As long as you have your residence card (Golden Visa) and your passport, there is no requirement to stay in Spain for a certain number of days in order to renew your visa. Golden Visa holders (and their families) are able to leave and enter Spain as many times as they need, with no minimum stay requirement.

Article 26 of Law 14/2013 regulating the authorization of the Golden Visa states that applications will take a maximum of 20 days to be processed by the relevant body.

Once the application has been approved and processed, the applicant has one month to apply for the Golden Visa at the Spanish Immigration Office. 

The investor who wishes to continue residing in Spain must renew his authorization after two years initially, and then every five years.

The validity of the new residence card as an investor, provided that the requirements are met, will be of FIVE YEARS.

Yes, you can request it, if you meet the general requirements set forth in the Foreigners Act, being the most common case to have resided legally and continuously in Spanish territory for five years, allowing a maximum of leaves during that period.

No. To renew the authorization, you have to maintain the conditions that allowed you to acquire it in the first place. In the case of the investor’s visa, it’s mandatory to maintain the initial investment.

 If you remain in Spain for less than 183 days, you will be considered as a NON-TAX RESIDENT in Spain and you will retain the status of tax residence in your country of origin. As a non-tax resident when owning a property in Spain, you will be required to present the Non-Resident Tax (IRNR) annually.