Home > Blog
Spain has been a favourite destination for emigrants from Germany and other European countries for many years. The pleasant climate, the relaxed way of life, the hospitable culture and, last but not least, the good food make Spain an ideal place for people who want to start their lives in a new country. Last but not least, the EU helps to make relocating from Germany, Austria or Switzerland to Spain quite straightforward, as there is no need to worry about visas or residence permits.
However, emigration does not only have positive aspects: although we are within the EU, there are numerous obligations for emigrants that must be observed. These relate in particular to registration obligations, tax obligations, changing driving licences and re-registering vehicles.
In this blog article, I will go into detail about these obligations in order to provide emigrants to Spain with a clear overview. It is not my intention to start a discussion about how compliance is checked if you do not fulfil your obligations, or whether the fulfilment of all these obligations is actually necessary.
I´m happy to advise you on these topics and support you with the bureaucratic procedures.
One of the first steps when you move to Spain is to register with the local municipal administration, the so-called ‘Empadronamiento’ or ‘volante de padron’. This registration is comparable to the compulsory registration in Germany and applies to both Spaniards and foreigners.
Was ist das „Empadronamiento“?
The ‘Empadronamiento’ is proof that you live in a specific municipality in Spain. It is carried out in the municipal administrations (‘Ayuntamiento’) and is mandatory for all foreigners staying in Spain for more than three months.
Why is the ‘Empadronamiento’ important?
- Proof of residence: The ‘Empadronamiento’ serves as official proof of residence and is often required for bureaucratic processes, such as access to the healthcare system (Residencia).
- Tax and social rights: In some municipalities, registration may entail tax advantages or the possibility of claiming social benefits.
- Voting rights for EU citizens: As a citizen of the European Union, you can vote in local and European elections if you are registered in the municipal register of residents.
How does the registration work?
To register, you must appear in person at the local municipal office and present a number of documents:
- Valid passport or identity card
- NIE document
- Tenancy agreement or proof of ownership of the flat or house
- In some cases also a birth certificate or marriage certificate
It is advisable to register within the first few weeks of arriving in Spain.
________________________________________
In addition to the ‘Empadronamiento’, you must also register in the Spanish Central Register of Foreigners (‘Registro Central de Extranjeros’) and obtain the colloquially called Residencia. Residencia This is mandatory for all EU citizens who live or work in Spain for longer than three months.
What is the Residencia?
The Residencia is the official residence permit for foreigners in Spain. It is issued by the Spanish immigration authorities and confirms your legal residence in the country.
How do I apply for residency?
To apply for residency, you must report to the foreigners authority (‘Oficina de Extranjeros’) or a police station. You will receive the ‘Tarjeta de Residencia’, a residence card.
The following documents are required to apply for the Residencia:
Oft wird die Frage gestellt, wie viele eigene finanzielle Mittel auf einem -in der Regel spanischen- Bankkonto nachgewiesen sein muessen, wenn man hier keinen spanischen Arbeitsvertrag hat oder nicht als Autonomo arbeitet. Eine ganz eindeutige Aussage ist schwierig, da die Extranjerias dies -in einem gewissen Rahmen- selbst auf Basis der lokalen Lebenshaltungskosten zu bestimmen. In der Regel kann man von einem Betrag von 8.000€ pro Antragsteller ausgehen. Wobei es auch Extranjerias gibt (bspw. Marbella), die einen hoeheren Betrag nachgewiesen haben moechten. Mitunter lassen sich Extranjerias auch Kontoauszuege der letzten 6 Monate vorlegen, um nachzuweisen, dass das Konto ueber einen laengeren Zeitraum ein entsprechendes Guthaben hatte. Hier ist es am besten mit einer lokalen Gestoria Kontakt aufzunehmen.
When you apply for entry in the Central Register of Foreigners for the first time, this is initially valid for 5 years; it can then be extended indefinitely on application.
________________________________________
A key issue when emigrating is tax liability. If you live and work in Spain, you will be subject to Spanish tax regulations from a certain point onwards.
When do you become liable for tax in Spain?
As a basic rule, you will be liable for tax if you spend more than 183 days a year in the country. It does not matter whether these days are consecutive or spread throughout the year. From this point onwards, Spain is considered your tax residence and you are obliged to pay tax on your worldwide income there. However, in addition to the 183-day rule, there are other indicators that show whether you have your centre of life here in Spain, such as whether your family and, in particular, school-age children live here.
Double taxation agreement
Fortunately, between Germany and all EU countries and Spain there are so-called double taxation agreements. Double taxation agreementwhich are designed to prevent you from paying tax on the same income in both countries. As a general rule, your income is taxed where you live and spend most of the year. However, it is advisable to consult a tax advisor in order to avoid possible tax disadvantages.
Important types of tax in Spain:
As a rule, the income tax return in Spain is submitted by 30 June of the following year.
________________________________________
As an EU citizen, you can drive in Spain with your German driving licence. However, after a longer stay in Spain, it is recommended or even necessary to exchange your driving licence for a Spanish driving licence.
When must the driving licence be exchanged?
You can generally use your driving licence from another EU country in Spain for up to two years after the move. After this period, however, it may be necessary to exchange your driving licence for a Spanish driving licence, especially if your German driving licence has a time limit or contains special vehicle categories.
How does the exchange work?
The exchange of the driving licence takes place at the Spanish traffic authority Dirección General de Tráfico (DGT). You must submit the following documents for this:
Once you have successfully exchanged your licence, you will receive a Spanish driving licence that is valid for driving the same vehicle categories.
________________________________________
If you emigrate to Spain with your own car, you must also re-register this vehicle. Vehicles that are used permanently in Spain must be registered there.
Deadlines and procedure for re-registration
Within six months of entering Spain, you are obliged to re-register your vehicle in Spain. It is illegal to use a car with a foreign licence plate permanently in Spain without registering it.
Steps for re-registration:
Documents required:
Emigrating to Spain brings with it many positive aspects, but also some bureaucratic obligations. The most important steps include the obligation to register (‘Empadronamiento’), entry in the Central Register of Foreigners (Residencia), tax obligations, changing your driving licence and re-registering your vehicle. If you take care of these formalities in good time, you can enjoy your start in Spain without any bureaucratic hurdles.
I´m happy to advise you on these topics and support you with the bureaucratic procedures.
