If I have a Spanish Golden Visa and a property in Spain, am I Spanish tax resident or can I still pay tax as a non-resident?

Many people assume that holding a Golden Visa (residence permit granted for investing in Spanish property) or a TIE card automatically makes the holder tax resident in Spain. That is not the case: a residence permit is an immigration matter, whereas tax residence depends on the facts.

Is the Golden Visa still valid now that it has been abolished?

The property-investment Golden Visa was abolished with effect from 3 April 2025. However, permits already granted remain valid until they expire. If the permit was renewed in time (renewals are granted for five years), the holder still has legal residence. Future renewals of existing permits should continue to be processed under the previous rules, provided the property investment is maintained.

What determines tax residence in Spain

Under Article 9 of the Spanish Personal Income Tax Act (Ley del IRPF), a person is tax resident in Spain if either of the following applies:

• They spend more than 183 days in Spain during the calendar year.
• Spain is the main centre or base of their business activities or economic interests.

Therefore, if the Spanish property is the person's only home and they spend most of the year here, the Spanish Tax Agency (Hacienda) may treat them as tax resident, whether or not they hold a particular residence permit. In addition, where there is a double taxation treaty with their home country, the "permanent home" test used to resolve dual residence conflicts could also point to Spain.

How to safely keep your non-resident status

• Be able to prove you spend fewer than 183 days a year in Spain.
• Be able to prove tax residence in another country, ideally with a certificate of tax residence issued by that country's tax authority (for example, HMRC in the UK).
• Ensure your centre of economic interests is not in Spain.

It is wise to weigh up the financial risk before filing as a non-resident if the facts do not clearly support it.

What taxes a non-resident pays on a property that is not let out

If the person is non-resident and the property is not let out, they must file a Modelo 210 for deemed rental income (imputación de rentas inmobiliarias) every year (Article 24.5 of the consolidated Spanish Non-Resident Income Tax Act, TRLIRNR):

• The deemed income is 1.1% of the cadastral value (valor catastral) if it has been revised, or 2% otherwise.
• The tax rate is 19% for EU/EEA residents and 24% for everyone else, including UK residents.
• The return for each tax year must be filed by 31 December of the following year.

Furthermore, depending on the value of your assets in Spain, you should check whether Spanish Wealth Tax for non-residents (Impuesto sobre el Patrimonio) applies.

Conclusion

The Golden Visa allows you to live legally in Spain, but it does not decide how you are taxed. What counts is the number of days you spend here, where your economic interests lie and, where relevant, the double taxation treaty. Having an adviser review your situation avoids back-tax assessments and penalties.