Hola! I am going to post any questions I receive and answer as they come on this page. I have been getting the answers either through research or was told by my lawyer. I will always put the service announcement up that your consulate may be more lenient, so make sure to check. Also, I do have a forum to ask questions and share info with each other, so please use that, as well! So far, the only comments are from me, which is starting to look very sad, haha.
Do bank statements and tax return need to be translated
According to my lawyer, yes! In the Los Angeles consulate, they only require three months of bank statements, so that may be different if you have a consulate that requires more, but I would plan on getting them translated more than likely. Also, the tax return will be more of a summary of w/translation. They won't need to translate the whole document.
2. Are they making in-person appointments?
No. As of 04/26/2021, the LA consulate is having you email the documents, and if they are approved, we will mail in the originals. No appointments yet, but I will update if I hear otherwise.
3. Hey Tiffany! Thanks so much for posting your link to your blog. The Houston consulate is pretty similar to the LA one, it seems.
Do you know how many months before moving, we need to submit our visa application? Is it 3 months?
If so, are you selling your house before that, so you have proof of cash? I plan on selling my car, which will give me proof of savings but not sure if I have to sell it 3-4 months before moving.
The LA consulate states to not submit the application later than 3 months before you plan on leaving. Also, the application paperwork is only valid 3 months before you apply. Once you apply and receive your visa, you have 60 days to move and then 1 month in the country to get your TIE, which is your temporary residence card. You only have to sell to have the amount in your bank account; it doesn't have to sit there for 3 months...so for instance, we are in escrow right now; as soon as the funds are put into my account, I am going to get an official letter from the bank stating I have that much in my account and submit our application then. It's the last piece we are waiting for. Note---(they are more flexible with time to get the NIE due to COVID restrictions).
4. How do I get the Vaccine passport?
Here is a helpful like that shows different apps to help you set up your Vaccine passport based on different requirements. https://www.travelandleisure.com/travel-news/covid-vaccine-passport-apps. It looks like it may start being mandatory upon entering Spain starting June 2021
5. Current Visa application processing times as of 04/27/2021?
Here is the link for the Los Angeles consulate site; your consulate may take longer or shorter depending. http://www.exteriores.gob.es/Consulados/LOSANGELES/en/InformacionParaExtranjeros/Pages/Common-Questions-and-Issues.aspx
6. Tax implications of NLV
I learned that if you do not want to be considered a taxable person in Spain, you can't be in the country for 6 months or more
How does Capital Gains Tax work in Spain? If I sell my house in the U.S., will I have to pay CGT in Spain?
Yes and No. It all depends on when you sold your house and when you get to Spain. So If you sell your house in your home country at the beginning of the year and go to Spain before July 1st, who will have to pay taxes as you have been in the country for over 6 months, thus making you taxable.
If you sell your house and don't go to Spain until after July 1st, you are not eligible to be taxed for that year as you haven't been in the country for 183 days/6 months
What we are doing is this. Selling our house in the U.S. in May 2021, and we are waiting to move to Spain until July 5th, 2021. Because we will not be in Spain for 183 days or more, we will only be taxed in the U.S. for 2021. Next, we will need to be in Spain for about 6 more months to meet our year mark on our NLV, so July 5th, 2022. At this point, we are eligible to switch over our Visa and get a Free-lance or Employment Visa, and we will also be taxable residents as we have been in Spain for more than 183 in 2022. I spoke with a lawyer, and we wouldn't have to pay it regardless because our profit is way under the requirement in California, which is 500,000.
Once you hit 183 days in a fiscal year, you will be considered taxable in Spain, and in the U.S. There is a treaty that prevents you from being double-taxed, so you will definitely want to get a tax lawyer.
Will I be taxed in both countries?
After you have been in Spain longer than 183 days in a fiscal year, you will be considered taxable in Spain. If you have U.S citizenship, it also means you are taxed wherever you live in the world. The only way to become exempt is to relinquish your U.S. citizenship. There is a treaty with Spain that prevents double taxation, so get a good tax lawyer, and it shouldn't be an issue.