February 22, 2013

The lecture last night was organized and hosted by Valentina Radu and her colleagues at Manilva’s Foreign Resident Department and sponsored by La Caixa bank.

There was a great turnout with the venue, Villa Matilde, full up with around 100 people seated and standing interested to hear what was to be said.

The Mayoress of Manilva, Antonia Muñoz, commenced proceedings by welcoming everyone and introducing her team appointed to assist Manilva’s foreign residents namely:

Diego Urieta – Councilor for Town Planning and Foreign Residents

Valentina Radu – Town Planning and Foreign Residents coordinator

Beli Muñoz – Director of Foreign Residents Department

Dean Sheldon – Coordinator for Urbanizations, Communities and Commerce

Paqui Tome – administrator for Foreign Residents Department

The following is a summary of what was said with some supporting information to help clarify the situation.

The Importance of the Padron and Importance of Inhabitants

The Padrón is a municipal register of the people who reside or habitually reside in the municipality.  Nevertheless, being listed does not constitute proof of legal residence in Spain, neither does it confer on the listed citizen any right that is not conferred by current legislation.

The future of Manilva depends on the number of people registered on the Padron as the central government allocates funds depending on how many people live in the Municipality. Therefore, if you are not registered, Manilva Ayuntamiento (town hall)  is losing money for the provision of many things including health centres, police officers, fire-fighters, schools, infrastructure, sanitation and public transport.

It is obligatory by Spanish law to register on the padrón at the Town Hall where you habitually reside, yet many foreign residents have not done so possibly because they are concerned it may implicate them tax wise or for some other reason.  In reality it is simply a way for the town hall to know how many people live in their area, without entering into investigations as to a person’s official residence status or financial affairs.

In 2012 there were 15000 residents registered on the Padrón in Manilva.  Of this 42% of the population were foreigners with 75 different nationalities choosing  Manilva as their home.  That is the figure for those who have registered and in reality there must be many more when you consider how busy the area gets in the warmer months of the year.

Manilva Town Hall would like to encourage everyone who lives in Manilva more than 6 months of the year to register on the Padrón and understands that the reputation of Spanish bureaucracy can put people off.  They would therefore like to help make the process as easy as possible and although they cannot “take you individually by the hand” they can give you the right information and are available to answer any questions or concerns you may have.

How to register on the Padrón

You need to take the following documents:

1. Copy and original of NIE or residencia certificate

2. Copy of Rental Contract or Escritura (title deeds of your own property)

3. Latest copy of one of your utility bills such as electricity or water bill

To one of the following offices:

1. Town Hall in Manilva (Manilva Ayuntamiento), Mar Street, No. 34, First floor; or

2. Tenencia de Alcaldia, Pio Baroja Street, N0.5, Local 2 in Sabinillas (opposite the Repsol garage on the other side of Sabinillas underpass) between the hours of 10 and 14.30

Whereby a member of the town hall will register your details onto the system.

Benefits to you for registering on the Padrón

•Right to vote in the elections

•Registration of documents for unemployment

•Registration in the Social Security system after paying your contributions

•Registration of your pension (non contribution pensions, social salary, assistance fund, etc…) and right to the Ley de Dependencia and economical support plus social assistance. •Celebrating civil marriages

•Making the inheritence procedures

•Registration in schools and also applying for scholarships

•Access to council housing

•National Identification Document or Passport

•Access to classes/ training offered by the Town Hall

•Access to Self Employed grants and benefits

It was also pointed out that you need to renew the Padron every 2 years and that letters are sent out asking people to confirm their details.  If you don’t confirm your details you will be taken off the Padron.  700 people were taken off the list in 2012 as they hadn’t renewed their Padron when the Institue of Statistics did their check.

IF YOU HAVE REGISTERED ON THE PADRON BEFORE 2011 AND HAVE NOT RECEIVED A REMINDER LETTER PLEASE VISIT THE OFFICE EITHER AT THE TOWN HALL IN MANILVA OR THE TENENCIA DE ALCALDIA IN SABINILLAS TO UPDATE YOUR RECORDS OR YOU WILL BE TAKEN OFF THE LIST AUTOMATICALLY.  LETTERS HAVE BEEN SENT OUT TO REMIND PEOPLE TO RENEW BUT MANY OF THESE LETTERS HAVE BEEN RETURNED BY THE POST OFFICE UNABLE TO DELIVER THEM FOR WHATEVER REASON.

The NIE Number, Residency and Tax Residency in Spain

An NIE number is a “Número de Identificación de Exrenajeros” i.e. a “foreigner’s identification number” in Spain.

The Decree (Real Decreto 338-1990) March 9th, establishes that anyone, of whatever nationality, resident or non-resident, who has any “official business” in Spain, must have a fiscal number (NIF/NIE).

If you plan to stay in Spain for less than three months, then you should just apply for an NIE number whereby you will be issued with a white certificate that will assign you your unique foreigner’s ID number that is in the format of: A-1234567-Z  (i.e. letter-seven digits-letter).  This will enable you to open a bank account, buy a car, buy a house etc but is only valid for 3 months.

If you intend to stay in Spain for more than three months then you should apply for residency.

The regulations for residency application in Spain changed in July 2012.  People who apply for residency now need to be able to prove that they will not “become a burden on Spain’s social assistance during their period of residence”.

To apply for residency you now need to provide copies of the following:

• Passport – both sides – photo page and back.
• Padron
• Proof of income i.e. contract of employment, pension or proof of financial income if studying here.
• Proof of having €6000 in bank account plus 20% extra per wife and children.
• Proof of Health Insurance – the European Heath Insurance Card is sufficient.

You may have noticed that to get the Padron you need an NIE or residencia and to get the residencia you need the Padron so for those of you new to Manilva and applying for the first time the procedure is as follows:

1. Go to Estepona Local Police station (details below) and obtain provisional NIE number  (which will be the same number when you apply for residency)
2. Take the white provisional NIE document to Manilva Town Hall or Tenencia de Alcaldia and register on the Padron
3. Take the Padron document back to Estepona  Local Police station and apply for residencia.
4. Take the green residencia certificate to Manilva Town Hall or Tenencia de Alcaldia and update register on the Padron.

Estepona Local Police Station

For NIE & Residence : Policia Nacional Estepona, Valle Inclan Street, n/a 29680, Estepona,

• For information call 952 923 058
• To book an appointment for your NIE or Residency call 952 798 530

Taxes

1. For obtaining the NIE number the tax is 16,16€
2. For obtaining the residency certificate of registration of the European Union citizens the tax is 10,40€.

IF YOU ALREADY HAVE YOUR RESIDENCIA GREEN CERTIFICATE, IT IS NOT NECESSARY TO RENEW AS THIS NO LONGER EXPIRES.  HOWEVER IF YOU DO LEAVE SPAIN OR NO LONGER ARE A RESIDENT IE DO NOT RESIDE IN SPAIN LONGER THAT 183 DAYS IN A YEAR THEN YOU NEED TO INFORM THE AUTHORITIES.

If you are concerned about becoming tax resident in Spain, here are the rules…

Criteria for being Resident for tax purposes in Spain

• If you spend more than 183 days in a given year (the days do not have to be consecutive) in Spain, you will become liable for Spanish tax whether or not you take out a formal residency permit.
• If your spouse lives in Spain and you are not legally separated but you spend less than 183 days per year in Spain you are still deemed resident for tax purposes
• If your base for economic or professional activities is in Spain then you are also deemed resident for tax purposes

The Spanish tax years is the same as the calendar year (1 January – 31 December), unlike the UK, which is from 6 April to following 5 April.

IF YOU REQUIRE A FREE NO OBLIGATION AND CONFIDENTIAL CONSULTATION ON YOUR LEGAL OR TAX ISSUES PLEASE CONTACT :

Juan Ramon Mateo

info@mateo-abogados.com

+34 952 936 123

+34 665 548 865

If you think there is anything I should add to this or amend please let me know by adding a comment at the end or emailing me at lucy@barringtonhomes.eu