Changing tax residency(Spain)

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Nau

New member
Hi. I've read a lot of posts in the forum and learned a lot, but I have some doubts about my current situation (like everyone) and I was wondering if someone could help.

I currently live in Spain, but let's say I'm not much in the "radar". I'm legally unemployed, don't have a house on my name, no wife or kids. My ties are just my parents and one brother. I've only payed taxes for 12 months of employment in 2020 so I don't have a long track record.

I'm a trader in the last phase of getting funded for a prop firm (FTMO, MyForex Funds, the 5%ers...etc). I expect first payments in January. Some of them let you trade as a company but others just as an individual. I plan to have at least 1 funded account in 2-3 companies (to diversify).

So, having said that, here is the thing. I've watched some of the DTTs Spain have and I was asking myself if I could change my tax residency to a more favourable country if I get a house rented and spend lets say 1 week a month in that country. The first tiebreaker in all the Spain DTTs is usually the permanent home available. If I have a company in that country I could justify center of economic interests aswell. That country could be Estonia,Lithuania,Romania,Croatia,Latvia,Malta but more expensive. It has to be a good mix of income and corporate tax because I would be earning both ways, but the country choice is another question (suggestions appreciated aswell). Bulgaria for example is not an option because the double treaty if necessary is only available to Bulgaria nationals.

So having all of that in mind (not much in the radar, short tax record, not much ties) what are the chances of:

1-Spain chasing me just for the days spent in the country, "not" knowing the money I'm making
2- Complaining about a possible PE of my foreign company
3- This working?

I guess you could say why I don't just relocate. Due to various reasons, I could only move (183 days+) to Portugal or Andorra right now. Andorra deposit (50k) is too much right now for me, but it's one of the options I consider for long term. And Portugal I don't think it solves too much right now, NHR+dividends would be hard and costly to structure and I don't know how solid it would be given that I'm the company myself and effective management could be a problem. Plus simplified regime for the income tax part is capped and social security starts being a problem in year 2 or 3. You could argue that I should just wait until I have decent amount so I can look at the Andorra option, but if I wait for that I would have to declare and pay at least 1 year of tax and maybe get some more eyes on me , and even more if I move to Andorra, where I should comply until the last letter and can't "relax" a bit. That shouldn't happen if I start earning money in another country before moving there.

The main reason of thinking about this right now, before the proof of concept of the business fully tested, it's because it's looking very good being honest,and I think it would be a good choice to get out of Hacienda before I start making some decent numbers compared to average salary here. Earnings are very variable due to the markets and the scaling of the account's funding, but I think it would be between 5-20k per month next year.
 

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