When should you get a NIE number in Spain?
We received an email from someone working in Spoain asking some information about a NIE number and about his taxes in Spain.
First email:
"I would like information on: I have been working in spain for over 2 years. I have just realized that I should have applied for an N.I.E number before begining to work. I was unaware I needed this number however I have been working and paying taxes for the past 2years. Now I am worried that the company I have been working for has tricked me into thinking I have been paying taxes.. Im Irish and have a spanish social security number. What advice can you give me?"
First Reply:
A couple of things sound a little strange.
Firstly, your social security number is the same as your NIE number usually i.e. it should start with the letter X. The X stands for extranjero (foreigner).
Some companies will apply for a NIE for you or appoint their gestor to get you one.
Again your NIE registers you with the tax office and each year you should file a tax return.
My advice is to go and see a gestor and they can check that you on the system.
Second Email:
"Hi Paul,
Firstly thanks for the fast reply. I have discussed my issue with a private gestor today and he has told me the following:In Spain on arrival I should have went to a police station to apply for my NIE number. As I was unaware of this fact I didnt do it. When I was hired by my company they never asked me for this number.The gestor told me they should have advised me at this point that i needed to appy for the NIE as in spain I cant legally pay taxes with out it.
On my nomina for the past 2 years they have put an NIF number . For this I never suspected anything. Only when I went to apply for the social security card I realized I had a problem . They told me that the NIF number didnt exist.At the end of my first year I didnt meet the requirments to do the declaración de la renta but this year I do.
My gestor once again has told me that this NIF number doesnt exist.I am worried that the gestoria of my company has given me a false NIF number and has kept all the tax money I have paid over the past 28months.What other possible conclusion have you come across with a similer situation to min?"
Second Reply:
It’s the first time I have come across this particular situation but I am sure you are not alone.
It sounds highly suspicious what they have done and the tax certainly has not been paid against your name.
You would need to sort this out sooner rather than later but of course you are now in a position whereby you may lose your job for raising your concerns.
I suppose the first thing to do is to confront your employers and advise them that you have seen a gestor and he has advised that the number does not exist.
Final Email:
"I have spoken with my gestor , I would like you to use my case as an example.. The problem was a result of a failure in the spanish tax system..They confused my social security number with my NIE number and the NIF ID my company gave me ..
My taxes have been paid over the past 2 years but i am not regestered as paying them.This was possible because spanish companies give foreign employees a company NIF number which is like a company ID numberI must therefore apply for my NIE number in my local police station and they will resolve the problem..Thanks for your advice and I hope my situation can help others in the future"
First email:
"I would like information on: I have been working in spain for over 2 years. I have just realized that I should have applied for an N.I.E number before begining to work. I was unaware I needed this number however I have been working and paying taxes for the past 2years. Now I am worried that the company I have been working for has tricked me into thinking I have been paying taxes.. Im Irish and have a spanish social security number. What advice can you give me?"
First Reply:
A couple of things sound a little strange.
Firstly, your social security number is the same as your NIE number usually i.e. it should start with the letter X. The X stands for extranjero (foreigner).
Some companies will apply for a NIE for you or appoint their gestor to get you one.
Again your NIE registers you with the tax office and each year you should file a tax return.
My advice is to go and see a gestor and they can check that you on the system.
Second Email:
"Hi Paul,
Firstly thanks for the fast reply. I have discussed my issue with a private gestor today and he has told me the following:In Spain on arrival I should have went to a police station to apply for my NIE number. As I was unaware of this fact I didnt do it. When I was hired by my company they never asked me for this number.The gestor told me they should have advised me at this point that i needed to appy for the NIE as in spain I cant legally pay taxes with out it.
On my nomina for the past 2 years they have put an NIF number . For this I never suspected anything. Only when I went to apply for the social security card I realized I had a problem . They told me that the NIF number didnt exist.At the end of my first year I didnt meet the requirments to do the declaración de la renta but this year I do.
My gestor once again has told me that this NIF number doesnt exist.I am worried that the gestoria of my company has given me a false NIF number and has kept all the tax money I have paid over the past 28months.What other possible conclusion have you come across with a similer situation to min?"
Second Reply:
It’s the first time I have come across this particular situation but I am sure you are not alone.
It sounds highly suspicious what they have done and the tax certainly has not been paid against your name.
You would need to sort this out sooner rather than later but of course you are now in a position whereby you may lose your job for raising your concerns.
I suppose the first thing to do is to confront your employers and advise them that you have seen a gestor and he has advised that the number does not exist.
Final Email:
"I have spoken with my gestor , I would like you to use my case as an example.. The problem was a result of a failure in the spanish tax system..They confused my social security number with my NIE number and the NIF ID my company gave me ..
My taxes have been paid over the past 2 years but i am not regestered as paying them.This was possible because spanish companies give foreign employees a company NIF number which is like a company ID numberI must therefore apply for my NIE number in my local police station and they will resolve the problem..Thanks for your advice and I hope my situation can help others in the future"
posted by Paul at
20:18
2 Comments:
Unfortunately , it looks as if what you thought were tax contributions are more than likely contributions into someones pocket.
The reason being that you cannot pay tax contributions from a pay packet without an NIE.
I would suggest that you go to the social security and ask for a "Vida Laboral" this will tell you what contributions (if any have been made by your employer to the social security on your behalf.
(don't be suprised if they haven't made any.)
If the case is as I suspect your options are: threaten to denounce them if they do not compensate you in some way or get the work inspectors to pay an unexpected visit to the work premises. Chances are that if they haven't registered you properly it will be the same for other staff.
For more info on NIE's Residencias etc.. go to www.easylivingspain.com
Best of luck. Alex
By
Rossi, At
01 July 2008 16:11
It sounds as if you have been ripped of. They cannot pay tax contributions for you if you do not have an NIE.
I would strongly suggest you check to see if they have paid your social security contributions
(I doubt it). To do this go to the social secutity office nearest to you and ask for a "Vida Laboral" this will show all (if any) payments made on your behalf.
Assuming that this hasn't been done either I would suggest you try and negociate some compensation from your employer or denounce them .
You will lose your job but people like this are not worth working for anyway.
You could always get the work inspectors to pay an unexpected visit , the chances are that other employees are no registered correctly either, and that way the company will face serious fines.
For more info on NIE's Residencias etc... visit www.easylivingspain.com
By
Rossi, At
01 July 2008 16:19
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