Is a NIE necessary?

Hi

We are not resident in Spain but we bought a holiday home in 2003 and the family visit several timeseach year. We pay our rates (suma) etc. made our Spanish wills, and never been asked for our NIE number. Therefore we have been visiting quite happily for nearly 8 years without one. Is it a legal requirement to have this bit of paper? Advice please!

If you own a house you've got an nie number whether you know it or not. You can't buy without one.

You have an NIE if you bought a house, and you certainly need it in order to pay your income tax (la renta) each year - you do pay your renta, don't you? I suggest you get in touch with the lawyer who represented you when you bought.

It was not always necessary to have an NIE and you used to be able to complete with passport - I can't remember when it all changed.

But like others have said it may be your lawyer applied for it on your behalf and just never gave you the piece of paper - look over your completion docs and in aprticular tax forms etc

and at one time it was also possible to apply for NIE without a power of attorney

Hi

My thanks to all who have responded. I dug into my original docs and discovered a NIF no. on the deeds but I do not have a piece of paper to support it. I used the same lawyer as the developer. I have a Declaracion De Residencia Fiscal (Declaration of Tax Residence) which identifies me with my passport no. for which my Spanish bank deduct a fee every 6 months. What is worrying me now is that it would appear that I have never paid income tax (la renta) since we bought in 2003  and nobody has contacted me for any payment. What do you suggest I do - if I keep quiet I could be building up more problems later - if I go to a lawyer it will cost me a bomb -  can I do it myself and will I have to pay tax on previous years?

Lesley Williams who posts on here as leswill will do it all very reasonably, don't worry. Contact her http://spain214.com/default.aspx     She was saying recently she had done a member's taxes from some years back similar to your circumstances.

 

I don't understand why on earth you would have a declaracion de residencia fiscal if you only own a holiday home.  Personally, I've never heard of such a certificate.  You are tax resident only if you spend 183 or more days in the calendar year with your feet on Spanish soil.  If you are tax resident then your Spanish home is your principal residence and you pay tax in Spain on your worldwide income.  You should then not have to complete a British tax return.

If, as it sounds from your original post, you are non-resident then you are liable for non-resident income tax on the imputed rental income from your holiday home.  You should see the very recent thread "paying non-resident income tax" which contains the info that the tax people can only come after you for four years back taxes and debates whether or not you are better off sitting on your hands.