Question Spanish NIE

[sriracha]

It is my intention to live a few months in Spain, so I am looking for an apartment. I talked to a realtor and he told me that I would need a NIE to sign a contract. This NIE thing is basically a document where you register with the police, basically you say “I’m a foreigner and I live in Spain now”.
I am afraid that this, combined with my renting an apartment for a year, could be interpreted as being a fiscal resident of Spain….is it so?

I am at liberty of taking trips abroad so to stay less than 183 days in Spain, but I don’t want to try my luck…

 

[JackAlabama]

It is my intention to live a few months in Spain, so I am looking for an apartment. I talked to a realtor and he told me that I would need a NIE to sign a contract. This NIE thing is basically a document where you register with the police, basically you say “I’m a foreigner and I live in Spain now”.
I am afraid that this, combined with my renting an apartment for a year, could be interpreted as being a fiscal resident of Spain….is it so?

I am at liberty of taking trips abroad so to stay less than 183 days in Spain, but I don’t want to try my luck…

Stay in airbnbs or let your spanish friend rent it for you. Having a whole year contract is already a well established tie to a country. So you would need to prepare your case with evidence your life centre is not there and you are out enough to not add risk there which may or may not hit you.

You need nie for everything admin related, like having a company etc. It does not necessarily imply you live there.
I have a nie since many years, but never had any issues bc of it, (bc I clearly did not live there in a way residency could have been constructed).

 

[sriracha]

Stay in airbnbs or let your spanish friend rent it for you. Having a whole year contract is already a well established tie to a country. So you would need to prepare your case with evidence your life centre is not there and you are out enough to not add risk there which may or may not hit you.

You need nie for everything admin related, like having a company etc. It does not necessarily imply you live there.
I have a nie since many years, but never had any issues bc of it, (bc I clearly did not live there in a way residency could have been constructed).

Thanks Jack, great advice. You also say that you do have a NIE - so the idea is to get that but not a rental contract right? How about having a car?

 

[JackAlabama]

Thanks Jack, great advice. You also say that you do have a NIE - so the idea is to get that but not a rental contract right? How about having a car?

Also better renting that from a friend (or shop which a friend of you can negotiate with).
If you can buy a car without a residence permit, afaik I heard its somehow possible with getting some sort of local residence status but not sure about it. I could get all things needed thru local contacts, so no need for any of this. If youre from euro, you can bring your car from home and drive on your home plate. Many do this and clearly shows youre a tourist.

Idk why you need the nie (I needed it for some investment in a company as shareholder).

 

[sriracha]

Also better renting that from a friend (or shop which a friend of you can negotiate with).
If you can buy a car without a residence permit, afaik I heard its somehow possible with getting some sort of local residence status but not sure about it. I could get all things needed thru local contacts, so no need for any of this. If youre from euro, you can bring your car from home and drive on your home plate. Many do this and clearly shows youre a tourist.

Idk why you need the nie (I needed it for some investment in a company as shareholder).

Friend said agencies will only work with you with a NIE - moot point if letting a friend rent for me.

 

[TheCryptoAnt]

Friend said agencies will only work with you with a NIE - moot point if letting a friend rent for me.

https://www.generador-de-dni.com/generador-de-dni

 

[luap]

You should have a NIE but I had no problem getting people to rent me an apartment with just a passport, and I know others who did the same.

 

[Radko]

If I were you I would go to Spain and you can find an apartment online, not through a real estate agency, most likely those will ask you for a NIE, so deal directly with the owner and pay him via wire transfer.
You can rent a car, if you want to buy a car in Spain they will ask you for a NIE to register your car in your name.
If you get a NIE then just don't stay in Spain for more than 183 days, they could and they do if they pick you, look at your electricity bill and water bill, if that happens, which I doubt it, then just say that other relatives and friends used the apartment through out the year, it wasn't you, but do not used your debit or credit card in the country for more than 183 days, use cash so there is no trace of you having been there for more than 6 months, or you can always get out of Spain for a few weeks and then come back (now if you start working in Spain then that's another story.)
Good luck

 

[pedromaldonado]

It is my intention to live a few months in Spain, so I am looking for an apartment. I talked to a realtor and he told me that I would need a NIE to sign a contract. This NIE thing is basically a document where you register with the police, basically you say “I’m a foreigner and I live in Spain now”.
I am afraid that this, combined with my renting an apartment for a year, could be interpreted as being a fiscal resident of Spain….is it so?

I am at liberty of taking trips abroad so to stay less than 183 days in Spain, but I don’t want to try my luck…

As long as you stay less than 183 days in Spain should be fine. Do not open a bank account with a Spanish bank, so in case you have any problem they can not take your money from there. Agencia Tributaria love to extract money to the people and they will try to find an excuse to do it. Mafia style.

Other option is to look for a shared apartment and let the others be in the contract. For that, you will people you can trust in.

 

[sriracha]

If I were you I would go to Spain and you can find an apartment online, not through a real estate agency, most likely those will ask you for a NIE, so deal directly with the owner and pay him via wire transfer.
You can rent a car, if you want to buy a car in Spain they will ask you for a NIE to register your car in your name.
If you get a NIE then just don't stay in Spain for more than 183 days, they could and they do if they pick you, look at your electricity bill and water bill, if that happens, which I doubt it, then just say that other relatives and friends used the apartment through out the year, it wasn't you, but do not used your debit or credit card in the country for more than 183 days, use cash so there is no trace of you having been there for more than 6 months, or you can always get out of Spain for a few weeks and then come back (now if you start working in Spain then that's another story.)
Good luck

Let's say I don't get a NIE, which seems the best option, and I don't open a Spanish bank account - do I still need to not use my cards? It's a pain to get out of the country and come back with cash on a regular basis...

 

[pedromaldonado]

Let's say I don't get a NIE, which seems the best option, and I don't open a Spanish bank account - do I still need to not use my cards? It's a pain to get out of the country and come back with cash on a regular basis...

You can use your debit or credit card from abroad. You can even get cash from Spanish ATMs. It's your money.

On the other hand, try to find a landlord who don't ask for NIE or look for a shared appartament. Problem with rent in Spain is simple: landlords are scared about illegal occupation. That's why they asked for all that information, and they trust none.

 

[Radko]

Let's say I don't get a NIE, which seems the best option, and I don't open a Spanish bank account - do I still need to not use my cards? It's a pain to get out of the country and come back with cash on a regular basis...

I understand, but at least try not to use your card every week for more than the 6 months, otherwise, if they investigate your card, and they do it, they will not be able to prove that you've been in Spain for more than 6 months.
The bottom line is that you need to make sure they can't find a way to prove that you've been living in the Country for more than 183 days, so no electricity bill in your name that shows that you've been there for so long, no water bill, no card purchases or ATM withdrawals, they have access to all those things.
Just be smart about it, you can have enough cash well hidden at home and use that cash for several weeks without having to go to the ATM machine every few days, I'm sure you understand the concept.
And you can get a NIE if you need to, that's not the issue, just don't leave evidence they can use to prove you're living in the country for more than 183 days.
There's no need to get paranoid, there's a very small chance of them investigating you, but just be careful so you don't have to worry in the event of an investigation, remember they can easily charge you, then you would have to go court and prove them wrong, to give you an idea, about 50% if the cases are lost by the Spanish tax authorities, so a lot of people end up being charged and then found not guilty, just be mindful of the traces that you are leaving behind, is not difficult at all.
Hope that helps