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To qualify as a tourist or resident you need to consider 2 facts; will you reside in Spain for more than 182 days (6 months) in a calendar year, If you do reside in Spain for 182 days or more you should hold an official residence permit (Residencia). 
You are officially a tourist if you holiday in Spain or own a second home which is not your main residence and you do not exceed 182 days in the country in any calendar year. You can stay in Spain for 90 days, after 90 days you can apply for an extension of another 90 days, this can be applied for at a national police station with a foreigners department.
For tax purposes you are classed as a resident in Spain if you stay for more than 182 days. There are advantages to becoming a resident in Spain, tax savings can be made as a resident, you only pay 18% capital gains tax as opposed to a non-resident tax of 35%.
As a resident when you sell your property you will not have 5% withheld and deposited with the Tax Agency to be offset against you tax liabilities.
In order to apply for Residence Permit you need to start the process by applying for an NIE number.
NIE NUMBER
The NIE number (Numero de Identificacion de Extranjero) identifies you to the Spanish tax authorities. Your residence permit will include your NIE number. You will need an NIE number to carry out certain transactions in Spain,
You can print and fill out the NIE and Residency forms from this website, just follow the link on your left. Alternatively you can use the services of a Gestor, A gestor is a licensed official who for a small fee will do all the paperwork and apply for your NIE or Residencia on your behalf.
APPLY FOR A RESIDENCE PERMIT
In most cases the following paperwork will be required in order to apply for Residencia; Photocopies are acceptable only after the original has been produced.
- A valid passport with at least 6 months remaining plus copies of the personal details page.
- Residence Permit application forms.
- Marriage certificate plus a Spanish translation.
- Passport sized photographs to accompany the application forms.
- Proof of residence in Spain, in the form of the Escritura, Rental Contract or rent receipts.
- Spanish medical certificate, this can be obtained from a Spanish doctor.
- A certificate of good conduct, this can be obtained from your local police station in your home country.
- Certificate of Registration, this confirms that you reside in Spain, this can be obtained from your consulate office in Spain.
Any Dependants accompanying you will need a passport and photographs.
Additional documents may be required for the following categories;
Retired Persons - Proof of private health insurance valid in Spain.
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