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Navigating the vibrant landscape of Ibiza often comes with unique legal questions for international clients.

This comprehensive guide aims to shed light on the most frequently asked legal questions, providing clear and practical answers to help you understand Spanish law in Ibiza. Dive in to empower your journey on the island!

1. Before You Arrive: Legal Preparations for Moving to Ibiza

Many legal challenges start long before your plane lands. These are the questions we’re most often asked before the move:

Do I need a visa or residency permit to live in Ibiza?

Yes, depending on your nationality and intended length of stay. EU citizens can stay without a visa, but if residing for more than 3 months, they must register as residents (obtain an EU Citizen Registration Certificate).

Non-EU nationals typically require a specific visa (e.g., Non-Lucrative Visa, Digital Nomad Visa, Student Visa) or a residency permit, such as a Golden Visa, to live in Spain long-term.

Can I buy property in Ibiza if I don’t live in Spain?

Yes. Foreigners can purchase property in Spain. However, you will absolutely need a Spanish NIE, a Spanish bank account, and thorough legal due diligence to avoid risks and ensure the property is free of charges or issues.

The NIE is essential for almost any legal or administrative transaction in Spain.

Do I have to declare my assets or income from abroad?

If you become a tax resident in Spain (spending more than 183 days per calendar year in the country, or if your primary economic interests are here), you are generally required to declare your global income and assets, including property, bank accounts, and investments held abroad.

Be aware that significant penalties apply for non-compliance or late submission of Modelo 720 for assets exceeding certain thresholds.

How do I safely set up utilities or internet before moving?

Ensure all service contracts (electricity, water, internet) are legally put in your name. It’s highly advisable to work with a local lawyer or trusted gestor to review contracts and avoid abusive clauses or hidden fees. 

Verifying property registration and previous bills is also a good practice.

2. During Your Stay: Managing Your Legal Affairs in Ibiza

Once you’ve settled in, legal responsibilities don’t disappear, they evolve:

I own a holiday home in Ibiza but don’t live there full-time. Do I still owe taxes?

Yes. Even non-resident property owners must file non-resident income tax (IRNR) yearly, as well as pay local taxes like IBI and municipal waste fees.

I work remotely from Ibiza. Do I need to register as self-employed?

If your activity is regular and generates income, yes. You may need to register as an “autónomo” (freelancer), declare VAT quarterly, and submit personal income tax, even if your clients are abroad.

How can I access healthcare in Ibiza?

Residents contributing to Spanish Social Security can access public healthcare. Non-residents typically need private insurance unless covered by EU agreements.

I split my time between Spain and another country. Am I a tax resident?

If you spend more than 183 days in Spain per calendar year, or if your economic center is here, Spain may consider you a tax resident.

I received a letter from the Spanish Tax Office. What should I do?

Do not ignore it. It could be a tax notice, an audit request, a compliance reminder, or a demand for payment. 

Get legal help immediately to understand its contents, address any issues, and avoid severe penalties, interest charges, or legal complications.

3. Common Legal Challenges for International Clients in Ibiza

Some of the most frequent legal issues our international clients face involve property, labour, and family matters:

What happens if I rent out my property without a tourist license?

You could face large fines. Tourist rentals in Ibiza are highly regulated and require a valid license depending on your property and location. Regulations are complex and frequently updated.

Can I open a business in Ibiza as a foreigner?

Yes, but you must register your business, obtain a fiscal ID, and comply with local labor, tax, and zoning laws. Legal guidance is crucial.

What are my obligations if I employ a nanny or private tutor at home?

As a private employer, you must register them, pay social contributions, and follow Spanish labor regulations, even for part-time roles.

Can I register my child in school if we’re not legal residents yet?

Yes, public and private schools generally allow enrollment. However, you will need to provide necessary documentation such as passports, evidence of your NIE application (if not yet issued), and proof of a local address.
Specific requirements can vary by school and municipality.

What if my spouse and I buy property jointly but are not married?

Ownership must be clearly defined in the deed. Spain doesn’t automatically apply co-ownership laws for unmarried couples. Clarify your legal and tax situation.

4. Specific Cases: Property, Business and Yachting

What legal checks should I do before buying property?

Before purchasing any property in Ibiza, essential legal checks include: verifying the property title with the Land Registry (Registro de la Propiedad), confirming urban planning compliance (e.g., no pending demolitions or illegal constructions), checking for any outstanding debts (mortgages, liens, taxes) against the property, and reviewing all necessary licenses and permits. Legal due diligence is paramount to avoid costly mistakes.

I’m thinking of starting a business in Ibiza. What are the first steps?

You’ll need to choose a legal structure, register with the Spanish Tax Agency, and ensure all contracts and operations meet compliance standards.

I own a yacht in Ibiza. What should I be aware of legally?

Yacht owners must be aware of flag registration requirements, VAT obligations on acquisition and charter activities, crew contracts and labor laws, specific Spanish charter regulations, environmental rules, and mooring rights. Yachting law is complex and strictly enforced in Spanish waters.

Can I rent out my boat as a holiday charter?

Yes, but the vessel must be properly registered for chartering purposes, fully insured, and meet all specific legal and safety requirements under Spanish maritime law. This includes holding the correct licenses and permits for commercial activity. Non-compliance can lead to substantial fines.

I’m selling my property in Ibiza. What taxes will I owe?

You may need to pay capital gains tax and Plusvalía Municipal. If you’re a non-resident, a retention of 3% is often withheld on sale proceeds.

 

Understanding the answers to these frequently asked legal questions in Ibiza can help you make better decisions, avoid fines, and protect your investments. 

Whether you’re buying property, working remotely, employing staff, or managing residency, the legal landscape can be complex, but not if you have the right guidance.

 

At Almar Lawyers, we support international clients by providing legal clarity and consistency tailored to life in Ibiza and the Balearic Islands.

Discover all our services and contact our experts now. Follow us on Linkedin to make sure you don’t miss a thing.

*Disclaimer: This guide provides general legal information and does not constitute personalized legal advice. Each individual’s situation is unique and may require specific professional guidance. Always consult with a qualified lawyer for your particular case.