residencia certificate

ok i know im a bit thick...but i really cant get my head round this residencia certificate........is this certificate the one you use if you are selling a house?  ....ie....if you are residencia you dont have to pay so much tax on the profit/is it 18%?/ i asked someone who is doing this service for a fee, but they informed me the certificate was for padron reasons, and if you want to buy a car, any official buisness....i thought the nie number was for this reason?   i am on the padron, and i do have an nie number,...i.also have a house to sell.....so would this be the residencia certificate to ensure i pay less tax on my house sale? or is it another one? i was under the impression getting residencia took ages, they wanted to know everything, and it was costly. can someone put me right .thankyou

 You don't need to be resident to sell your property, so you don't need a residencia certificate.

Also, the 18% you are referring to is the capital gains tax applied when you sell your property.  Until some time in 2007 non-residents were charged 35% CGT tax but the EU decided (rightly) that that was unfair so now everyone, resident and non-resident only pay 18% CGT.

With just your NIE you should be fine, you don't need the residencia certificate.

Justin

In case anybody still wants to know about the residencia certificate: the only thing that took us a long time was waiting in the long queue outside the foreigners' department at the police station in Murcia!  The form was straightforward, we had all our documentation with us (passports, NIE, padron certificate etc) plus 2 photos and a copy of the passport.  Once we got to the front of the queue, they looked at our papers and said we needed to make a payment at the bank first.  I can't remember how much it cost, but it was less than 15 euros.  When we returned we went to the front of the queue and we were directed into an office where the process was quick and our certificates were printed off on the spot.  Apart from the initial wait, it was quick, easy and cheap!

Sue

TWEETY5,  

I see you are on the padron, do you live in spain for more than 6 months in other words it is your main residence.?  I want to register on padron but i think i must  declare that  my  main residence is in spain.

I am a non resident property owner.

thanks

Hi there,

Just picked up you note on residencis certificate. Don't know if I can help, but we have "residencia" over here in Murcia and have had for some years. As far as we know it means that we are now legal residents in Spain and as such are bound by Spanish law.

This includes taxes and property taxes.

Please write back if I can help more or if you already know thiese facts or if you have different knowledge.

Ta.

I thought everyone in Spain (resident or otherwise) was bound by Spanish law? Oh, except mayors and their cronies, of course

Tweety, as a non-fiscal resdient, when you sell your property, a 3% "retencion" will be held back from the sale price, in lieu of any CGT due, but as Justin has stated, the tax applicable is 18% on your gain whether you are resident or not. Therefore, no advantage in obtaining residency just to sell your property.

I know that now for buying a property or opening a bank account or purchasing a car, etc., you need to provide a non-resident certificate if you are a non resident. Probably if you are a resident you will have a residencia card, that's it, an ID plastified with your photograph and the NIE number, similar to the Spanish ID cards. That proves that you are a resident, so I would say you don't need a Resident Certificate, showing your residencia card is enough.

It seems that you don't know if you are a resident or not. You need to apply for residency same as you apply for an NIE number, so if you haven't applied for residency then you are not a resident.

Getting the Non-Resident certificate is effectively done at the Police Station, and the tax cost is €6,89 (they have risen it slightly from last year), payable at the bank once you are given the tax form. You need your NIEs and to show your passports, and your Spanish address (you can't go to the police station in Nerja if your address is in Torremolinos, you have to go to the police in Torremolinos then), and fill in the form with the NIE number, passport number, and your details.

However, please bear in mind that although it might seem a high price to you for getting a Certificate, think of the time you need to spend at the police station, and also think that many police stations open at eight and there is a limited number of people asking for certificates that they will attend to, some of them give numbers like at the supermarket, so many times if you want to make sure that you will be able to apply for it that day you have to be on the queue at six thirty in the morning to ensure that you will receive a number. And if it was me for sure I would charge higher for my six to seven o'clock am timeframe than for my eleven to twelve frame.

Things have changed a lot over the past couple of years in regards to NIEs and residency.  In Andalucia at least, EU members no longer get residency "cards" but a paper certificate registering that you are an EU member living in Spain for more than 3 months (or form EX-16 from the Ministry of the Interior website)  To be a "resident" nowadays implies the Spanish tax department giving you a certificate certifying that you pay taxes as a Spanish resident.  Your tax burden on the profit from the sale is now the same whether you are a "resident" or not.  The biggest difference is that if you sell as a non-resident typcially, is that 3% of the final sale price is retained by the taxman from your final payment to ensure that you settle your tax bill with them before leaving the country.  If you have lived in the country for awhile and own a property it doesn't hurt to ask at your local tax office "Hacienda" if they can certify you as a tax resident. 

Yes, after being a resident for over thirty years, I am now no longer. Instead, I have this natty A4 green unfoldable certificate that, while useless without my passport, is a document that shows that I am registered with the immigration authorities, have a NIE number and that, finally, people can discover my parent's names ('Dad' y 'Mum', as it happens)..

You must carry these documents, passport and A4, at all times and they will be asked for to validate your credit card while buying lunch, or to identify yourself to the nice policeman.

All this, in the Spanish bit of Europe in the 21st century.  They'll be making us wear yellow triangles sewn on our jackets next.

 I agree lenox, it is rather ridiculous.  I actually never carry either the certificate or the passport with me at all so just waiting to be arrested whenever I get stopped by the police 

Justin

Ditto. Thought my turn had come last Friday evening as I was driving out of Burriana beach (Nerja); I thought the man waving an illuminated baton at me was an unofficial parking attendant, so as usual I aimed for him and accelerated, only to notice in the nick of time he was a Guardia Civil! First thought was, oh dear, he'll want my passport and A4 Useless Green Flappy bit of Paper, which neither myself nor my navigator (Mrs.Roberto) had with us. Well, at least I had my photo card licence. Then I thought, oh-oh, he's gonna nab me for driving with no flip flops on.

In the event, he peered into the car, and waved me on before I'd even come to a standstill. I can only assume he was checking to see that we were belted up. So we survived to see another day, ID-less in Spain in 2009.

 We are moving to Spain next month with a 10 year old and are looking for advice about whether or not he needs his own N.I.E. number and residencia certificate.

Hello lifeline, you ok ?

He will need a NIE to get into school as far as I know (from what resident friends with youngsters have told me).

Morerosada,

Great to see you posting here again. Thanks for the speedy reply about the need for the N.I.E. for children. We will get that as soon as we can. We are selling our car and will be searching for an LHD when we arrive. Such a lot to think about but can't wait!

Lifeline I've just been Googling as I kind of knew that kids needed residencia to start school, so much talked about getting kids into schools in the Orihuela area (for example) as they couldn't get on Padron without Residencia but couldn't get Residencia without Padron, oh the joys of trying to settle in Spain.  Anyway, I'm sure you'll be fine.

I was just looking at your posts & in a thread called 'residency' on 22nd May, you said that your son's school had said you could leave sorting out his residency till you were there. So, he does need it.

 Morerosada,

Yes the joys! my memory was blurred. Thanks for your encouragement and reminder me about what I wrote in May. We haven't even reached Spain yet and at least the first few months seem complicated.

Maybe our three years living in Caracas, Venezuela will help. Queuing everywhere was part of life there in the sweltering heat in a city throbbing with life. Life was good though, so much so that my husband did not want to leave.

Murcia is certainly the better option.

As a minor age person, you do not need to be a resident to have full education rights in Spain. Is not wonderful?

http://www.eyeonspain.com/blogs/costaluz/1010/legal-tip-17-right-to-education-of-foreigners-in-spain.aspx

Anyhow, as it is not big deal, why not to obtain both NIE and residency card  for your children?

Below, some addittional information on education rights:

http://www.eyeonspain.com/blogs/costaluz/1210/legal-tip-40-education-system-in-spain.aspx

Best regards,

Maria

Hi tweety5,

there is so much conflicting advice re residencia on this thread if you just type in the words-  resident in spain - in your search bar  you should get all the info you need from the many sites you find.

regards kathy 

Hi Maria, hope you're well as we are.

I'm in a forum near to where lifeline's settling & in that area members of that forum have said their children have required residency to access schools & it's caused havoc on occasions as I posted previously.

lifeline posted in Residency  May 22nd 'We are moving to Spain in the Summer and registered our son in March in the local school. The office asked about residencia and we said we would do this when we arrive in Spain. They accepted this and there was no problem.' You posted to her in that thread too saying kids didn't need residency & posted same articles.

All highly confusing to those trying to make the big move to Spain if things are not clearcut. Maybe lifeline should contact her son's new school & clarify.

Hi all,

we moved to Murcia 2 years ago and my daughter's school simply required a copy of her Padron to register her, together with our NIE/DNI, passports etc.  However, in order to receive a grant towards her books we needed to open a bank account in her name, for this she did need her own NIE, we simply went down to Extranjeria in Murcia and queued.  They issued everything within the hour and it cost 10e I believe, her residency has to be renewed in 5 years.

It was all quite painless just fill in a few forms and wait in line!