British owners of Spanish properties must apply for residency before the Brexit deadline

Britons who do not receive residency will not have the same rights as other European Union members.

Spanish property owners have been advised to apply for residency before the end of the year to enjoy the same benefits as other EU citizens in Spain.

Starting in 2021, British property owners in Spain will only be able to spend up to 90 days in the country during a 180-day period, thanks to Britain’s decision to leave the European Union.

That is unless they can obtain a Spanish residence permit.

Keith Rule, director of Costaluz Lawyers, answered the question ‘What happens if I live in Spain, but I am not an official resident?’

He said: “In this case, you must act fast. Very fast. You have until December 31, 2020, to apply for residency. If you don’t, you won’t enjoy the same benefits as other EU citizens in Spain.”

Please note that, on July 4, 2020, the Spanish authorities introduced a new residence card for British citizens in Spain. Known as TIE (foreigner identity card), the card expressly declares that the holder is a beneficiary of the Withdrawal Agreement between the United Kingdom and the EU.

“It also confirms the right of the owner to live in Spain.”

Added rule: “As of January 1, 2021, the rules regarding the duration of your stay in Spain will change. You will no longer be allowed to stay more than 90 days in a row in a 180-day period.”

Please note that the 90 days start as soon as you enter the Schengen area. This means that if you travel to Spain via France, for example, the time you spend in France counts towards your 90-day count.

“If you have a Spanish residence permit (known as a Foreign Identity Card / TIE), your status is subject to the Withdrawal Agreement established between the UK and the EU. This means that their rights in Spain and the rest of the EU do not change after Brexit.”

The rate of non-resident income tax payable by British citizens will also increase from 19% to 24% as of January 1, 2021.

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