How to live in another EU country?

[Bon]

Hello,

I am seriously considering moving to Slovenia to become a Slovenian tax resident there for this year - to avoid paying taxes when I sell my cryptos. I have no problem with living there for 183 or more days this year, however, it seems like I can't stay in any other EU country for more than 90 days without getting a residence permit.

Will I be able to get a residence permit by just setting up a Slovenian d.o.o. company?
Or can I just rent an apartment there for a year and be considered a tax resident?

Thank you.

 

[Utah]

There are probably exit taxes when you leave the country you're in right now. You will probably have to pay capital gains tax on the crypto when you leave.

 

[Bon]

Utah said:
There are probably exit taxes when you leave the country you're in right now. You will probably have to pay capital gains tax on the crypto when you leave.
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That doesn't seem right, as a European, I don't think there would be any exit tax. I wouldn't give up on my citizenship or anything, I just need to become a tax resident in Slovenia.

 

[Utah]

Bon said:
That doesn't seem right, as a European, I don't think there would be any exit tax. I wouldn't give up on my citizenship or anything, I just need to become a tax resident in Slovenia.
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There are exit taxes in the EU. It seems a bit unclear sometimes what a particular country may charge you. There seems to be new EU-legislation which will harmonize this (see the Italy link below).

Spain:

Under Spanish tax law, an exit tax is triggered when a taxpayer losses its tax residency due to moving to a different country in which case unrealised capital gains would be the remainder between market share value and its purchase value.

Italy:

The exit tax applies whenever taxpayers in Italy (be they a resident for tax purposes or a permanent establishment) transfer abroad either their (i) fiscal residence, or (ii) a permanent establishment, or (iii) assets. In such cases, the capital gain generated from the difference between the market value

France:

If you transfer your residence for tax purposes outside France, you are, under certain conditions, liable for income tax and social levies connected with unrealised capital gains, receivables originating from an earn-out clause, and capital gains realised on the disposal or exchange of securities subject to tax deferral.

 

[Utah]

I think I made a mistake for Italy, that link is talking about corporate exit taxes (I think). It's difficult to find information about individuals changing their tax residence.

Another thing is that it sometimes only applies to shares you hold in a company.

 

[invisibletardigrade]

Can you elaborate whether you're an EEA national? The EEA consists of the European Union plus Liechtenstein, Norway and Iceland.

If you are an EEA national, you should have the right to live in Slovenia (or any other EEA jurisdiction) without a residence permit. This concept is called “Freedom of movement”. Ever heard about it?

Not sure about the exit tax but moving to Slovenia should be a non-brainer in this case.

 

[Bon]

invisibletardigrade said:
Can you elaborate whether you're an EEA national? The EEA consists of the European Union plus Liechtenstein, Norway and Iceland.

If you are an EEA national, you should have the right to live in Slovenia (or any other EEA jurisdiction) without a residence permit. This concept is called “Freedom of movement”. Ever heard about it?

Not sure about the exit tax but moving to Slovenia should be a non-brainer in this case.
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I am from the Czech Republic and I have heard about freedom of movement, but you are only allowed to stay in another EU country for upto 90days without a residence permit.

 

[kranj99]

I always thought that 90 day rule was only for non-EU nationals? I think there may be situations where as a Czech citizen you may need to register for Slovenian health insurance and similar (i.e. social security number and the likes), but I don't think there's an obligation for a residence permit?

 

[Bon]

vbam99 said:
I always thought that 90 day rule was only for non-EU nationals? I think there may be situations where as a Czech citizen you may need to register for Slovenian health insurance and similar (i.e. social security number and the likes), but I don't think there's an obligation for a residence permit?
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According to EU's website, you have to request a residence permit if you want to stay for longer than 90 days.

Last edited: Jan 16, 2021

 

[freegeek]

Bon said:
I am from the Czech Republic and I have heard about freedom of movement, but you are only allowed to stay in another EU country for upto 90days without a residence permit.
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so as an EU citizen, why don't you apply for a Slovenian residency permit then?

 

[Bon]

freegeek said:
so as an EU citizen, why don't you apply for a Slovenian residency permit then?
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Because I don't really fit into either of those categories, such as: 1) student, 2) self-employed, 3) employee or 4) pensioner. I could get a residence permit by setting up a company IF I invest 50k€ in the first 6 months. So, I'm kind of stuck right now and have no idea what to do really. I will possibly have to completely change my plans and start a UAE company and get a business visa so I can relocate to UAE, but this would be the last option.

 

[Limelight]

Bon said:
1) student, 2) self-employed, 3) employee or 4) pensioner.
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Have you confirmed that simply having sufficient funds to support yourself, and wishing to live in Slovenia "just because you can" as an EU citizen is not enough of a reason to be there? I know it works that way in some other EU countries.

On their site it says:

"Reasons for the issue of a residence registration certificate:

• employment or work,
• self-employment or service provision,
• study or other forms of education,
• family reunification,
• other reasons."

Your case would probably fall under the "other reasons" category.

 

[Bon]

Limelight said:
Have you confirmed that simply having sufficient funds to support yourself, and wishing to live in Slovenia "just because you can" as an EU citizen is not enough of a reason to be there? I know it works that way in some other EU countries.

On their site it says:

"Reasons for the issue of a residence registration certificate:

• employment or work,
• self-employment or service provision,
• study or other forms of education,
• family reunification,
• other reasons."

Your case would probably fall under the "other reasons" category.
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Thank you for the tip, I will try to find an immigration and tax lawyer in Slovenia and ask about it.

 

[heliotrope]

Bon said:
Because I don't really fit into either of those categories, such as: 1) student, 2) self-employed, 3) employee or 4) pensioner. I could get a residence permit by setting up a company IF I invest 50k€ in the first 6 months. So, I'm kind of stuck right now and have no idea what to do really. I will possibly have to completely change my plans and start a UAE company and get a business visa so I can relocate to UAE, but this would be the last option.
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I think you're confused. As an EU citizen you have a *right* to settle in Slovenia (or anywhere else in the EU). The bar is very low indeed. This is one reason why Brexit was so controversial; many Brits incinerated that right for their fellow Brits.

I've never heard of an EU citizen being refused the right to settle in their EU/EEA country of choice. Also, if you overstay 90 days, the worst that can happen is that they fine you (it's unlikely, also), they cannot ever deport you. Unlike third-country nationals.

I suggest you educate yourself about freedom of movement -- it's the best thing about the EU by far (unlike their vaccination acquisition policy).

 

[KJK]

heliotrope said:
I suggest you educate yourself about freedom of movement -- it's the best thing about the EU by far (unlike their vaccination acquisition policy).
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It's the "best thing about the EU" until something like COVID happens and suddenly everyone realized how fragile EU is and each member state does what it feels like doing.
"freedom of establishment and freedom to provide services"? Hahaha, WTF are you talking about?

Some countries like Hungary go full n**i, some set their own discriminatory rules, some have ridiculous requirements. Even now some countries do not allow you to travel into them if you're not a citizen of that specific country, EU citizenship doesn't matter (this includes OP's country of citizenship afaik).

I sort of understand why United Kingdom voted to leave.

 

[Allisgood]

KJK said:
It's the "best thing about the EU" until something like COVID happens and suddenly everyone realized how fragile EU is and each member state does what it feels like doing.
"freedom of establishment and freedom to provide services"? Hahaha, WTF are you talking about?

Some countries like Hungary go full n**i, some set their own discriminatory rules, some have ridiculous requirements. Even now some countries do not allow you to travel into them if you're not a citizen of that specific country, EU citizenship doesn't matter (this includes OP's country of citizenship afaik).

I sort of understand why United Kingdom voted to leave.

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Map is out of date, it's maybe from mid 2020. Sure travel for tourism is a bit restricted. Not if you move, however. I moved from one EU country to another during Covid - there is no problem.

 

[KJK]

It says directly on the map it is from April 2020 if you can read. Current situation is even worse.
https://www.forbes.com/sites/alexle...tine-and-tests-as-covid-19-third-wave-surges/
OP's country has (since today) a TOTAL BAN on incoming travel unless you are citizen. EU/EEA citizenship means s**t. What you write ("travel for tourism is a bit restricted") is total nonsense and a lie.

 

[Allisgood]

KJK said:
It says directly on the map it is from April 2020 if you can read. Current situation is even worse.
https://www.forbes.com/sites/alexle...tine-and-tests-as-covid-19-third-wave-surges/
OP's country has (since today) a TOTAL BAN on incoming travel unless you are citizen. EU/EEA citizenship means s**t. What you write ("travel for tourism is a bit restricted") is total nonsense and a lie.
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Again I think the focus is intra-EU mobility. Moving within the EU is still very much possible (from my own experience and form many others I know).

 

[KJK]

No it is not. E.g. if you now wanted to travel or move into OP's country, it is not possible (no difference between intra-EU and non-EU).

 

[Bon]

Allisgood said:
Again I think the focus is intra-EU mobility. Moving within the EU is still very much possible (from my own experience and form many others I know).
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I'm assuming you are an EU citizen, did you get residence permit in your newly chosen country? What problems did you encounter? What was your experience in relocating to another country?