Legal Compliance for Perpetual Travellers

In today’s article we will explain everything you need to know about legal compliance residency and tax residency if you are a Perpetual Tourist and want to avoid legal compliance problems. We will also revisit (here you can find the previous article on the subject) the issue of bank compliance residency (for KYC and Due Diligence policies).

We will try, therefore, to re-answer the big question: is it possible, as a Perpetual Traveller, to carry out all banking, financial and investment formalities without losing the advantages of this lifestyle?

There are many countries in the world that only accept tax exit or emigration when a new tax residence is established and accompanied by a tax residence certificate.

We have already written a lot about the key factors that make you a resident in one place or another, whether it is the centre of vital interests or the length of your stay in the countries.

However, we are aware that some terms still give rise to confusion. For this reason, we believe it is worth returning to this topic and delving a little deeper into the (bank) compliance residence and the tax certificate.

Each country has its own procedure

… but there are some important concepts to explain before we start:

• Deregistration: this is the official exit from a country’s system. Deregistration is the notification of your intention to emigrate. You usually need to notify the local authorities (including the tax authorities) in advance of the deadline by which you will leave the country and cease to be a resident (in some countries this is done once you have already left). The problem here is that many countries assume that leaving their system means joining another country’s system, so in many cases you will be asked for proof of your new residence, whether in the form of a residence permit, rental contract, registration on the municipal census or even a tax certificate. Of course, in addition to deregistration, you will have to make sure that you no longer meet the requirements that would make you a tax resident (often having a home at your disposal, maintaining a centre of vital interests there, etc.).
• The centre of vital interests: The centre of vital interests is defined in different ways around the world. Each country has its own CVI rules which, while often similar to those of other countries, also tend to have distinctive nuances. Ultimately, CVI is synonymous with tax residence. What this concept does is to list the conditions that must be met for someone to be taxed in a country: it is impossible to justify that your centre of vital interests is in Malaysia if you spend practically the whole year in Europe, for example. In German-speaking Europe, the centre of vital interests is not the only decisive factor. In these destinations, as well as in other continental European countries, there is a separate registration system that is completely different from that in the UK, for example. Under this system, a person leaving their previous country of residence must deregister in order to leave the home country’s system, which includes renouncing both their rights and obligations. Note that not doing so could be costly.
• Residence permit (comparable to a visa): Simply having a residence permit (or visa) from a country does not mean, by any means, that you “live” there. The number of residence permits you can have is unlimited. Obtaining or losing these residence permits depends solely on the laws of the country in question. Almost all countries offer different ways to obtain a long-term residence permit, with different conditions and requirements. You cannot set up a company in Dubai, for example, and assume that your tax residency will automatically transfer there. Merely having a company in the Emirates (whether on the mainland or in a free zone) does not justify a centre of vital interests there. The residence permit only allows you to stay in the country for a period of time (or even permanently). You could say that this permit guarantees you free movement, similar to that of an EU passport within the Schengen zone. You can fly to Italy or Spain as many times as you want without a visa. If you have a company in the Emirates, for you it would be as if Dubai were “part of the EU”. But if you want to officially transfer your tax residence to the UAE, you would have to spend most of the year in Dubai or fulfil other residence conditions. Depending on the category of residence permit, there are rules on minimum stay or maximum absence in the country. Temporary residence permits, for example, usually require a minimum stay of 183 days, and therefore automatically carry an obligation to pay taxes. Permanent residence permits may expire if you do not visit the country even once for several years in a row. Some permanent residences oblige the holder to pay taxes in the country, regardless of where they live (like USA Green Card or Brazilian permanent residence).
• Residence/address: Your residence is ultimately your home. It does not have to coincide with your tax residence. The difference is small but very relevant. In many countries, a flat does not imply tax residency and does not require a residence permit. As a tourist, you can often rent or buy a flat without having to register or apply for a visa. While the permanent availability of a flat in German-speaking European countries automatically triggers a centre of vital interests, this is not the case in many other European countries, as you can see in our article on 50 countries where you do not become a tax resident, even if you have a home there.
• Tax residence: the place where you or your company (as a legal entity) is obliged to file a ‘tax return’ or pay taxes. Often, the tax residence corresponds to the domicile, i.e. the dwelling where you spend most of the year. However, it is possible to have a tax residence without having a domicile/residence and to spend the corresponding length of stay. Similarly, it is also possible to have a domicile/residence in some countries without this giving rise to a tax residence. This distinction is very important, but most people seem to be unclear about it. Often, certain laws or bilateral agreements may continue to allow for taxation in a country other than the country of tax residence for several years.
• Tax certificate: proof of residence or domicile. It is issued by the tax authorities. This document is usually issued after half a year of stay in the country, as it is the only way to avoid the misuse of multiple tax certificates (of course, only one certificate can be obtained, since it requires 183 days in a country). However, some countries have different regulations if certain conditions are met (as explained below). The tax certificate does not correspond to the tax identification number: the tax identification number alone does not create tax obligations. Tax residence does not automatically guarantee the right to apply for a certificate, which means that it is possible to be taxed but not to receive a certificate.
• Tax identification number: The tax identification number is the identification number often requested by banks and other financial institutions, e.g. to enable global data exchange. It is often complementary to the consumer invoice, easily falsifiable and required to confirm the country of residence. However, the mere possession of such a number does not trigger tax obligations anywhere in the world. In some countries, this number is obtained at birth and kept for life. A tax number is often obtained by earning interest on a foreign account or by renting a property with limited tax liability. None of this automatically makes you an unlimited taxable person in the country of the account or property.

How to deregister in other countries

In general, it is usually not enough to simply deregister and leave: certain conditions must be met and certain facts must be actively proven. Below, we present and analyse some particularly strict high-tax countries as illustrative examples. A large number of these countries also have some form of exit taxation or extended taxation once you have left, but we will not delve into that topic right now, since is worthy of an article of its own. Nor, due to its complexity, will we discuss the United States, from whose clutches one can only escape definitively by renouncing one’s USA citizenship.

Scandinavia

In the case of Scandinavian countries (Denmark, Sweden, Norway, Finland and Iceland), emigration must be reported to the tax authorities. Often, these high-tax countries apply strict rules that oblige their citizens to continue paying taxes for several years after emigration.

In Sweden, for example, citizens and foreigners with 10 years of residence must actively demonstrate that they have severed all substantial ties with Sweden. The proof that these ties do not exist anymore is only transferred to your tax authorities after 5 years. In principle, even if it is not in the law, it is always easier to leave a country of which you do not have the nationality. Finland has a similar regulation that makes all its citizens responsible for providing proof.

In Norway, a taxpayer who emigrates must prove that he or she has spent less than 61 days in the country during the calendar year and has no available housing. Those who have been living in Norway for 10 years must prove this for no less than 3 years in a row. Only after the fourth year would you be exempt from all Norwegian tax obligations. However, this can be shortened or avoided altogether by means of a double taxation agreement between Norway and the country of residence.

In Iceland, it is sufficient to leave the country, unless you are an Icelandic citizen or have been in Iceland for 17 years. In these cases, the tax liability only ends when you can prove that you have paid your taxes in the country of residence.

Spain

In Spain, the tax liability ends only when you have informed the tax authorities of your new residence abroad and they accept the change. Often, the easiest way is to obtain a tax residence certificate from the new country, although, as we have seen in several past articles, this is not always compulsory.  In theory, foreigners – regardless of the duration of their registered residence – should also comply with this requirement (in practice, if you are not returning to Spain, nor do you already have income there, this would not be a problem). Spanish citizens who emigrate to countries defined as “tax havens” and are on their blacklist continue to be subject to taxes for 4 + 1 years after emigration. Countries with a double taxation agreement (such as Panama and the Emirates, for example) are exempt from this tax burden.

United Kingdom

You must inform HM Revenue and Customs (HMRC) of your intention to leave the UK by completing and submitting form P85. HMRC will determine whether you are still resident for tax purposes by carrying out a Statutory Residence Test.

The Statutory Residence Test consists of four main elements: how much time you have spent in the UK during a tax year, the Automatic Overseas Test, the Automatic UK Test and the Sufficient Ties Test. As a British citizen, spending only 30 days a year in the UK can be fatal if there are still too many ties to the country. For foreigners, the tax liability can become effective after 90 days. It is worth reading the detailed information provided by the UK tax authorities on this issue.

Australia

If you are emigrating, you should inform the Australian Taxation Office (ATO). Australia has 3 tests (the residence test, the domicile test and the 183-day test) to determine whether or not a person is still resident in the country. In general, the deregistration process is fairly straightforward.

However, foreign residents can no longer claim capital gains tax exemption on the sale of their Australian home. You may be eligible for a cancellation of your Departing Australia Superannuation Payment (DASP) which is a type of Superannuation.

Canada

When you leave Canada, you are deemed by the local tax authorities to have sold all your assets at market value (even though no transactions have taken place and there has been no cash flow). This “deemed disposal” gives rise to a final withholding tax on retairned earnings before your departure. Oh… it is so nice to see how governments always know best and can tell us exactly how much a house or company is sold for…

And when we talk about assets, we mean all your belongings: not only real estate, but also funds and personal effects (car, clothes…).

You must file a tax return by 30 April of the following year to account for your assets by the emigration deadline. For residency in Canada, unlike in Germany, factors such as local driving licence, having a registered car, family doctor, insurance, local affiliations, and many other elements are also considered. To leave Canada permanently for tax purposes, you need to declare much more transparently than in German-speaking Europe.

In any case, you are still considered to have limited tax liability for any of the following income earned in the country:

• Local rental income.
• Salaries from the management of a local company.
• Most pensions and annuities.
• Income from certain self-employment/performance of local work.
• Profits from a local company.
• Other items (which vary from country to country).

Tax residency

Thanks to the 183-day rule, you can avoid becoming a tax resident in many countries, the golden rule here is to spend less than half a year and be able to prove that you do not have your centre of vital interests there.

In the EU, there is a so-called “compulsory registration” after 3 months of residence in a country. This only applies to people who want to live there permanently (if, for example, you were to move from Spain to Portugal). If you do not register, but leave within half a year, you will not have any problems related to tax obligations (nor with compulsory education). You can ignore the compulsory registration as long as you leave the country after 6 months at the latest.

We recommend that you check the laws of all the countries you are going to and find out about possible double taxation treaties. Double taxation agreements can only be used if you have a tax certificate. Any application for withholding tax exemption must be accompanied by such a certificate.

It is important to know how tax residence and the possible shielding effect of double taxation agreements work, especially in cases where you have a home at your disposal or vital links with countries where you do not want to be tax resident. In EU States, as well as in many high tax countries, double taxation agreements protect you by preventing other countries from making you tax resident or from taxing you on certain types of income.

In many cases, EU tax havens (such as Cyprus, Portugal, Ireland and others) are perfect for you as long as you maintain links with your home country. Even if you have problems with residency in these destinations, it is likely that the courts will end up agreeing with you. The key here is the Tie-Breaker Rules.

Bank compliance residency and tax residencies

We want to explain this in as much detail as possible, because we know that this subject generates a lot of doubts.

There are many cases in which you do not need to prove a tax certificate in order to deregister correctly. Although, as we have said before, it can be interesting to get a tax certificate if you are going to maintain strong links with your country of origin or if you want to continue to have a home there at your disposal.

However, bank compliance is another matter. This is something that almost everyone will need. Every day we help expats, Perpetual Travellers, non-residents and digital nomads to meet this challenge: getting a new utility bill and a tax identification number after leaving their home countries.

Why is this so important? Because it is not possible to completely unsubscribe from all systems. It can only be done to a certain extent: you can, for example, pay less tax, or even pay no more tax at all. However, some bureaucratic issues and state concerns cannot be avoided. At some point you will be asked where you really “live”, or you will have to provide some proof of residence to open bank accounts or to apply for a new passport (because without a passport you better forget about doing anything).

To solve this issue, everyone needs to create a medium-term legal compliance structure. You can, for example, rent a flat or ask someone (relative or friend) to put a utility bill in your name. It probably will not cost you much to talk a friend into putting the phone or internet line in his flat in your name, even if he still pays the bill.

Getting the bill is something that (almost) NOBODY can do for you – not even us. Only a few service providers take the high risk of providing you with a home address with utility bills, as doing so would automatically make them accomplices to tax evasion, money laundering, terrorist financing… should you misuse this fake address.

The best thing to do in this regard is to act yourself through a trusted person if you do not want to have a real address in the destination in question.

Financial institutions around the world are under increasing regulatory pressure. In many cases, a utility bill (electricity, water, gas, landline, internet line) is still the only document required. While mobile phone contracts are not accepted, FinTechs and intermediaries often accept bank statements, credit card statements or other documents with address information.

And it goes even further:

More and more institutions are requiring a tax identification number from the same country as the utility bill as additional confirmation of tax residency. But do not forget: neither the consumer invoice nor the tax identification number necessarily implies tax residency. The request for other evidence, such as a residence permit or an identity card, is not yet common, but we are convinced that it will become so in the coming years. Even if this were to happen, it would not necessarily lead to tax liability.

The best long-term set-up that we ourselves apply is to have several bank compliance residences around the world. The best strategy is to create limited taxable income by owning or renting real estate. The home generates all the utility bills, and the rent results in the actual consumption. As rental income is taxable, it requires a tax identification number and a tax return. However, rental income is only taxed in the respective country. Depending on the country, it may be interesting to apply for a residence permit. It is possible to obtain an investor visa, especially for the purchase of real estate above certain amounts.

A good strategy is to have two residences on paper: one within the EU (for example, to open bank accounts and brokers) and one outside the EU for regulatory reasons (for e.g. cryptos). Recently, drastic regulations on cryptos in the EU have been unveiled. EU residency is not usually associated with money laundering or the threat of being blacklisted. Assuming you have a residence and a flat in the UAE and you report your address there to everyone (broker account, Wise account), there is a risk of being closed or denied access to your accounts for living in an “unauthorised country”.

The United Arab Emirates, for example, was recently blacklisted by the EU. This means that many European banks now refuse to process incoming or outgoing payments from Dubai, for example – or, if they do, greatly increase legal compliance measures.

Therefore, a bank compliance residence is extremely important. That said, such an address on paper does not trigger any tax liability for “not being registered” in these countries. A compliant bank residence is linked to a tax identification number. For permanent residency in Panama or Paraguay, the number is on the identity card, and the residence visa in Dubai is the Emirates ID.

You should read between the lines and understand that a tax identification number and a residency does not always lead to a tax residency. If you want to learn more about how each country’s systems work and how to use them to your advantage, do not hesitate to book a consultation with us. We know better than anyone how to fully respect legal compliance as a Perpetual Traveller without losing the advantages of this lifestyle.

Often, law firms marketing immigration to countries with fast-track tax certificates (such as Cyprus) claim that the tax certificate is always a mandatory prerequisite for re-registration in your home country or even deregistration. The truth is that this is nothing more than a self-serving lie aimed at improving the image of the location in question, which may be unattractive compared to Perpetual Travelling. A tax certificate may be useful or even necessary in certain situations, but not everyone needs one. Similarly, Cyprus is the best solution in the world for some people, but for many others it is an exaggerated, expensive, and inflexible option.

Tax certificates around the world

Being tax resident or “domiciled” in a system is not always a bad thing: you just have to make the effort to get the right tax certificates. Ideally, you should not pay taxes, but at the same time have a double taxation agreement with your destination country. This is possible in more countries around the world than you might think.

As a private individual, the tax certificate is often important for those who live mainly on dividends or interest, as they can save on withholding tax here. Here we would like to highlight just a few of the most popular options, where tax residency does not require the presence of half a year, but which, at the same time, have several double taxation agreements.

Paraguay: we have already talked in detail about Paraguay in other blog articles (here). As soon as you have your residency, you can apply for your tax identification number at the Registro Único del Contribuyente (RUC). You will be considered a resident in Paraguay if you spend more than 120 consecutive days in the country. This saves you 63 days compared to most other countries. However, Paraguay has hardly any double taxation agreements, which severely limits its usefulness.

Panama: Panama applies the 183-day rule. According to local regulations, permanent residence always implies tax residence. However, most countries do not recognise this. Despite being a tax haven, Panama has a surprisingly high number of double taxation agreements.

Cyprus: Cyprus remains one of the most attractive residences in the EU, and its tax certificate can be applied for after just 60 days of residence. However, there are several conditions to apply, such as setting up a local company, paying social security contributions and a maximum stay of 183 days in other countries. It is worth noting that Cyprus has the best double taxation agreements in the world.

Malta: 3 months of continuous presence in order to register. Regular non-dom status requires a minimum stay of 183 days. Special HNWI status for EU citizens reduces the minimum stay to 90 days, but requires payment of an annual flat tax of €20,000 and ownership of a property worth €350,000 (or renting it for more than €20,000 per year). On top of that, there are also more than €10,000 in application fees and legal fees. Pensioners enjoy better conditions: with only €7,500 of capital gains tax, this option is quite attractive – and surprisingly, many people are unaware of its existence. Retirement pensions can in many cases be enjoyed tax-free. To find out whether this is also your case, you need to look at the double taxation agreements signed by Malta and the country paying your pension.

Portugal: the 183-day rule also applies here (we recommend that you check the NHR programme) to obtain a tax certificate, although tax residence can be activated by the mere fact of owning a dwelling. Again, tax residence and a tax certificate are different things, and you can have the former without obtaining the latter.

Ireland: if you spend 183 days or more per year in Ireland, or a total of 280 days or more during the current and previous year; you will be considered tax resident. Therefore, in the long run, 3.5 months per year is enough to get your tax certificate.

Georgia: Georgia has recently modified its HNWI status. To obtain a tax certificate with no minimum stay, you previously had to prove a minimum income of €80,000 for 3 years or a minimum worldwide wealth of €1 million. In addition, at least €12,000 had to come from local sources (such as rental income or agricultural income). Now, the programme can only be used if you have more than €500,000 in a Georgian financial institution. However, as a territorial taxation country with a good number of double taxation agreements, Georgia is quite attractive for those who can meet these conditions.

Dubai/United Arab Emirates: The UAE government recently issued a ministerial decision setting out guidelines for determining the tax residency of individuals and entities in the UAE. Previously, there was no legal definition in this regard, and the 183-day rule was generally imposed. From 1 March 2023, it is now possible to obtain a tax certificate after 90 days of residence (instead of 183), provided that a residence permit is available. Even a long-term rental contract without residence (compulsory entry every 180 days for residence) should be sufficient to obtain a certificate. However, this will only apply from 2024.

Example of application: compliance in Spain

Spain may be interesting as a country in which to have a compliance address (for opening bank accounts, etc.) because it is within the EU and is not a country that is often blacklisted or greylisted. It is also not associated with money laundering and is not often used to hide tax crimes. Moreover, residing in Spain gives you access to many good and affordable financial services.

On the other hand, having a property at your disposal in Spain, even on a long-term basis, does not automatically make you a tax resident there. In Spain, the authorities look much more at the time you spend there and your financial ties. This means that you can have a holiday home available there all year round without any problem (whether rented or bought), as long as you live there for less than 182 days a year.

Of course, if you are Spanish (or even if you are not), have strong economic ties to the country and want to stop being a tax resident there (or not become one again), it is preferable that you at least do not have a home there at your disposal, but let us assume that this is not your case.
In many respects, Spain is even more bureaucratic and more of a “police state” than other European countries, such as Germany. However, unlike in other countries, a property in Spain does not give rise to tax obligations.

The NIE is one of these bureaucratic restrictions. An identification number is required for many transactions and official procedures. For Spaniards, the identity card number or tax identification number is required, while foreigners use the NIE (Número de Identidad de Extranjero).

So, if you want to buy a car, a house, or a product online, you will need a NIE. All essential expenses – such as electricity and water, housing costs or mobile phone contracts – can only be done with a NIE.

There is a large market of agencies that will apply for the NIE for you. Of course, you can also save several hundred euros if you do it yourself.

Below, we share the experience of a German member of the Denationalize.me community, who gave us his insight into the process for the specific case of the Balearic Islands:

The NIE can be requested from the Dirección General de Policía at an Aliens Office or directly at a police station.

Getting an appointment for this is quite complicated, and usually takes several weeks. We were lucky and managed to get an appointment at short notice online, through the administration’s booking portal.

When we finally arrived at the Aliens Office on the day of the appointment, we had to wait in a long queue for quite some time. Another case of Spanish “bureaucratic fever” became apparent: our appointment was not in the system. According to the official, we should have received a confirmation by email or SMS. The problem with SMS is that the computer systems only support Spanish phone numbers. Generally, German numbers are cut off and become unreachable, neither for a confirmation SMS nor for the parcel deliverer who wants to make sure someone is at home.

But of course, a Spanish mobile phone number (whether contract or prepaid) can only be obtained with a NIE, so we were caught in a vicious circle. However, Spanish serenity was also evident: after a short wait, they listened to our request and dealt with us politely. To obtain the NIE, all we needed was our identity card and the completed “NIE application form (Ex15)”.

To obtain the NIE you need to provide proof of payment of the fee (currently €9.84). To do so, you only have to fill in the fee form Model 790 Code 012 and bring the proof of payment of the fee.

The fee must be paid in a Spanish bank (nowadays it can also be paid by direct debit IBAN). Banks usually only offer this service to their customers, but you can only become a customer and open an account with them if you have the NIE. Another example of Spanish bureaucratic nonsense!

At the ATM, you have to scan the barcode on the payment form and then pay the money with the European Community card. After trying several banks, we opted for Caixa Bank.

During the payment process at the ATM, we were again asked for several pieces of information, including the NIE. In other words, you need to have a NIE to pay and get the NIE!

You need a local bank account in your name in Germany to pay the rent/deposit for a rented dwelling, but they will only open the account for you if you present an official registration of an already rented dwelling. Only foreigners suffer with these vicious circles… :’-D

Fortunately, they do not check the actual NIE, but only make sure that the number entered meets the formal requirements. After a short Google search, we entered a fictitious NIE number and were able to complete the payment and get the receipt.

We took it directly to the Aliens Office on the day of the appointment to apply for the NIE. This saved us the second visit to collect the document, and we received the NIE directly.

You must be aware of blacklists

Some of you may be familiar with the EU blacklist and the EU grey list. These lists have become very popular in recent years, probably due to the success of offshore companies, which have helped many people around the world to legally protect themselves from the expropriation of private property through government taxes.

We have already written several articles about the exchange of information between countries (FATCA, TIEA, the CFC rules), which you should know and understand when planning your international setup. Now, we would like to introduce you to some more lists. You should be very careful to avoid that none of the countries in your legal compliance setup are on these lists, as this would lead to serious disadvantages when moving your money, for example.

However, depending on your personal and business situation, you should distinguish between the lists of different territories (such as the USA or the EU). Panama, for example, is blacklisted by the EU but does not have any problems with the USA. In contrast, Nicaragua is relatively safe from the EU but is sanctioned by the USA.

Just a comment before I continue: governments always support these lists with the argument that their aim is to prevent money laundering, corruption, and tax crimes. Of course, there are malicious people in the world: people who want to use your honesty and goodwill for their own benefit. However, this surveillance and classification of countries only makes life more difficult for all those who, at the end of the day, only want to protect what is theirs. We want our gross wage to be our net wage. We want to decide for ourselves what we spend our hard-earned money on, and we do not want half of it to be confiscated month after month for expenses we never accepted nor needed.

FATF – Financial Action Task Force: was created in 1989 at the G7 summit in Paris to fight money laundering. Here you can consult the countries they are currently monitoring, and here their “recommendations”. Only Iran, North Korea and Myanmar are currently on its blacklist.

EU Money Laundering Blacklist: basically, it adopts the FATF recommendations, but takes the opportunity to put pressure on other countries with its blacklist for political reasons. For example, the UAE is only on the FATF grey list, but is on the EU blacklist.

OECD list of non-cooperative tax havens: “Commitments on transparency and effective exchange of information“.

EU non-cooperative countries (the equivalent of a blacklist) and EU Grey List: an updated summary (October 2022) is available here.

USA sanctions: USA sanctions regulations also cover exports outside the USA.

In addition, when choosing domicile, you should consider how banks rate countries in terms of credit, interest rate, liquidity, price, operational risk, legal compliance, etc. You can find a full report on this here.

This means that you can live or have a residence in the countries on this list, but that, to avoid personal disadvantages, it is better to have a consumer invoice and therefore a bank compliance address in a “clean country” that has a good reputation.

Choose well your residences, your tax residences and, of course, all the other flags we always talk about in Denationalize.me. It is never too late to protect yourself against what “might” happen. Having a set-up with multiple fictitious residences and residence permits around the world is essential to be protected. Many people could do with adding at least one residence on paper to their personal setup.

In today’s article we have given you all the tools to do so. For everything else… we are at your disposal!