Ownership And Schengen Short Stay Visa Waiver

[singerofwords]

I am considering purchasing a property in Spain for use as a vacation house/apartment. I am a US citizen, and do not have residency in Spain or any other EU country. My intention is to use this house/apartment, and to be located in Spain and in the Schengen Area countries for (much) less than 90 days out of every 180.

Nonetheless, I want to be certain I fully understand the legality of what I intend before I go further.

A quick search of the web reveals the restriction below on people who are *not* obligated to carry a visa to cross external borders into the Schengen countries (such as US citizens):

• A short stay is a stay in the Schengen Area lasting less than 90 days or a succession of stays totaling less than 90 days in any period of 6 months.
• For short stays, European regulations specify the list of countries whose nationals are exempt from visa requirement to enter the Schengen Area. (and this list includes US)

Am I to interpret this as saying that on any day of the year, I need to look back 180 days, and count the number of days I am in any Schengen country, and so long as that number is less than 90, then I am legally in or can legally enter a Schengen country?

Thank you in advance for any light that you can shine on this question.

Regards,
Singer

[Patricia]

Hello Singer,

You are certainly right. As an US citizen, you do not need a visa to enter the Schengen are and you will have to count the days as you can only stay within the Schengen area 90 days out of every 180.

Regards,

[singerofwords]

Dear Patricia,

I am glad that my understanding is correct.

In my recent reading, I believe I learned that even though I am (and intend to remain) a non-resident of Spain, even after purchasing my property, I nonetheless need to obtain an NIE number to purchase my property. Is that the case, that even a non-resident must have an NIE number to buy real property?

Also, besides the requirement to be in Schengen countries less than 90 days out of any 185 day period, is there any other liability or potential liability I might have if I purchase a house/apartment in Spain as a non-resident US passport holder? I realize this is a specialized question, but I thought that you might have some insight.

As ever, thank you for your kind responses and for your interest.

Regards,
Singer

[Patricia]

Hello Singer,

You are most welcome.

You certainly need an NIE certificate to buy property in Spain. It is the ID number that identifies you in Spain for any kind of administrative proceeding ( property purchase, inheritance, company formation, etc.. ). When the property is registered at the Land Registry and you pay the due taxes that the purchase process itself attracts, you need an ID, and the NIE is the document that proves it. Also, bear in mind that owning property in Spain entails the obligation to pay for certain annual taxes; Council/local tax and Non Resident´s Income tax.

The application of the NIE certificate can be filed in person at the closest police Station or by means of a legal representative that will apply for it in your behalf. Usually, if you hire the services of a solicitor to handle the purchase conveyance, he/she will be able to get your NIE in your behalf. Otherwise, there are also companies that offer that service; for instance NIE Number Direct.

I recommend you to read the following articles that can shed some light and answer many of your questions:

• Buying Property In Spain Tips Part II. Off-Plan Property
• Buying Property In Spain Tips Part I. Buying Resale: Avoiding the Pitfalls
• The Licence of First Occupation Explained
• Buying a Property in Spain? 10 Reasons to Hire a Lawyer

Regards,

[singerofwords]

Dear Patricia,

It seems to me that the next step after obtaining an NIE number and certificate, would be to open a bank account at a Spanish bank. Can you tell me how difficult or easy it will be for me, a US citizen (after obtaining the NIE certificate), to open a bank account at a Spanish bank, especially since 9/11?

I ask this because in 2008, 2009, and 2010, I was a resident of the Netherlands as a Highly Skilled Migrant (Kennismigrant). Before my Dutch residency and visa was complete, I could not open a bank account at a Dutch bank. It was simply impossible as a US citizen without Dutch residency status. I believe that this difficulty was primarily due to pressure from US government on various foreign (to US) banks and countries after 9/11.

So I am hoping opening a bank account is not so difficult in Spain.

Thanks again for your valuable help.

Regards,
Singer