Applying for an NIE number as an investor: when and how

Applying for an NIE number is usually the first formal step for a Dutch investor in a Spanish real estate project. The NIE, the Número de Identidad de Extranjero, is the personal identification number that Spain issues to foreign nationals. Without that number, a Spanish notary cannot execute a deed in your name and a Spanish bank or tax authority cannot register you. The application itself is simple, but the processing time is often underestimated. In this article we explain when you need an NIE, which routes are available and how you prevent the number from holding up a project.

In brief

• The NIE is your permanent Spanish identification and tax number and does not expire.
• You apply for it from the Netherlands at the Spanish Consulate General in Amsterdam or through an authorised representative in Spain.
• Allow several weeks for processing and apply before a notarial appointment has been scheduled.

What an NIE number is

The NIE is a unique and personal number issued by the Spanish police, under the responsibility of the immigration service. The number begins with a letter, followed by seven digits and a check letter. For foreign nationals, the NIE also serves as a tax number, the NIF, so that in Spain you are known to the notary, the registry and the tax authority by a single number. The number remains the same for your entire life. Once you have it, you do not need to apply for it again for a subsequent project.

The NIE says nothing about where you live. It is not a residence permit and not a registration as a resident of Spain. A Dutch investor who continues to live in the Netherlands and participates from the Netherlands receives the same number as someone who settles in Spain. The only difference is the application route, and that is what the rest of this article is about.

When you need an NIE as an investor

Not every investment requires an NIE. The number is needed as soon as your name must be included in a Spanish notarial deed, a Spanish registry or a Spanish tax return. When participating in a real estate project, this is almost always the case at one or more moments. Which moments those are depends on the position you take and on the structure of the project. The most common situations are listed below.

• Acquiring shares in a Spanish company, or participating in a capital increase of that company
• Accepting a mortgage right as security for a loan that you provide
• Signing an investment agreement in notarial form
• Filing a Spanish tax return as a non-resident, if this is required in your situation
• Opening a Spanish bank account, if this is necessary for the investment

How a project company is structured and which position you can take in it is explained in the article on investing through a Spanish S.L.. Why the notary in Spain is so decisive for your position is described in the article on the notarial agreement. In both cases, the notary checks your NIE before executing the deed.

For a loan with mortgage security

If you provide a loan secured by a mortgage right on a Spanish property, you are registered as the mortgagee in the Registro de la Propiedad. That registration is made by name and by number. Without an NIE, the notary cannot draw up the deed and the registry cannot process the registration. How the creation of a mortgage right proceeds step by step is explained in the article on mortgage security in Spain.

Applying for an NIE number from the Netherlands: three routes

For an investor who lives in the Netherlands, there are three common routes. They lead to the same number, but differ in processing time, costs and the extent to which you must be present yourself. The choice depends mainly on how much time remains until the first notarial act. Preferably discuss the route in advance with the Spanish notary or your own Spanish adviser, so that the number is available in time.

Route 1: through the Spanish Consulate General in Amsterdam

For most investors this is the most practical route. You submit the application in person at the consulate, which forwards the documents on the same day to the competent Spanish authority. The consulate does not decide on the application itself and cannot provide a status update in the meantime. According to the consulate, you usually receive the certificate with your NIE by e-mail within about two weeks, although it can take longer. The certificate is an official document that you can present to the notary.

Route 2: in Spain, in person

If you are in Spain for another reason, you can apply for the NIE at an immigration office or a police station that handles NIE applications. This is done by appointment, the cita previa, and the availability of appointments varies greatly by region. Along the Costa del Sol, the waiting time for an appointment is considerable in busy periods. This route is mainly worthwhile if you can combine the application with another appointment, so that one trip is sufficient.

Route 3: through an authorised representative in Spain

You can also have a representative in Spain, usually a Spanish lawyer or gestor, submit the application on your behalf. This requires a notarial power of attorney that expressly includes the authority to apply for an NIE for you. A power of attorney drawn up in the Netherlands must bear an apostille and, where necessary, a sworn translation. How to draw up such a power of attorney and whom to appoint as your representative is explained in the article on the power of attorney in Spain. Preferably choose a special power of attorney that also covers the later notarial acts, so that you arrange one document for the entire process.

Which documents you submit

The application itself is concise. The form is called EX-15 and can be found on the website of the consulate or of the Spanish government. Use only the official version, as the consulate warns that forms from other websites are not always accepted. When applying through the consulate, you only sign the form on site. The following documents are generally requested.

• The completed EX-15 form
• Payment form 790, code 012, with proof of payment of the fee
• A valid passport or identity document, with a copy
• Proof of residence in the Netherlands, such as an extract from the Dutch municipal personal records database
• A document showing the reason for the application

That last document is often forgotten. The consulate wants to see why you need a Spanish number. For an investment, this can be a letter or draft deed from the Spanish notary, or a document from the project company describing the intended transaction. Request this document in good time from the party with whom you are making the investment.

What it costs and how long it takes

The fee for the application itself is limited. For form 790, code 012, the Spanish government currently charges approximately ten euros. With the consular route there are no further costs, apart from your trip to Amsterdam. With the route through an authorised representative, the costs of the power of attorney and the representative's fee are added. As an indication, this amounts to a few hundred euros, depending on the firm and on what else is included in the power of attorney.

An indicative timeline

The processing time weighs more heavily than the costs. Suppose the notarial deed for your participation in a project company is scheduled in eight weeks. The schedule below is an example and says nothing about an existing project.

• Week 1: you request a document from the project company or the notary showing the reason for the application, and make an appointment at the consulate.
• Weeks 2 to 3: you submit the application in person at the consulate in Amsterdam.
• Weeks 4 to 6: you receive the NIE certificate by e-mail and forward it to the notary.
• Weeks 6 to 8: the notary prepares the deed and, where necessary, a power of attorney is drawn up and apostilled.

In this example there is room, but not much. A consulate appointment that only becomes available later, or an application that remains under review for longer, shifts the entire timeline. Anyone who only applies for the NIE once the deed has already been scheduled runs the risk that the notary has to postpone. That affects not only your own planning, but also that of the project.

Participating through a holding company: NIF instead of NIE

If you do not participate privately but through a Dutch private limited company, the company does not need an NIE. A legal entity receives a tax number in Spain, the NIF, which is requested from the Spanish tax authority, the Agencia Tributaria. This usually requires a recent extract from the Dutch Trade Register and the articles of association, bearing an apostille and a sworn translation. The director who signs on behalf of the company or grants a power of attorney is also identified in the process. Discuss with the Spanish notary which documents he expects in your situation.

Whether participating through a holding company suits your situation is a separate question with its own tax consequences. That consideration is covered in the article on real estate through your holding company. For the treatment of a fixed return from Spain, we refer you to the article on interest income from Spain. Always have the choice between private participation and a holding company assessed by your own tax adviser.

Common mistakes

An NIE application is administratively simple, and precisely for that reason it sometimes receives too little attention. The mistakes we see most often do not lead to a rejection of your investment, but they do cause delays at the notary. In a project with a tight schedule, that delay can have consequences for everyone involved. These are the points that most often go wrong in practice.

• Only starting the application once the notarial appointment has already been scheduled
• Not bringing a document showing the reason for the application
• Using an unofficial version of the EX-15 form
• With the route through an authorised representative, forgetting that the power of attorney must expressly mention the NIE application
• Assuming that a holding company can use the same number as its director privately

Frequently asked questions

Below are the questions investors most often ask about the NIE.

Does an NIE number expire?

The number itself does not expire and remains the same for your entire life. In the past, the certificate stated a period of validity, and some notaries or banks ask for a recent printout when presented with an older certificate. If you already have an NIE from a previous transaction, check whether the certificate is still accepted. A new certificate with the same number can be requested through the same routes.

Do I need an NIE if I only lend money to a project company?

That depends on how the loan is documented. If the loan is documented privately without security, an NIE is not always immediately required. As soon as a notarial deed or a mortgage right is involved, the number is required. For an investment in a Spanish real estate project, you should therefore assume that you will need it.

Do my partner and I each need our own NIE?

Yes, if you both participate in your own names or are named in a deed. The NIE is personal and is applied for per person. If only one of you participates, only that person needs a number. Also consider the situation in the event of death, which is covered in more detail in the article on inheritance tax in Spain.

Is an NIE the same as a TIE?

No. The NIE is a number. The TIE is a physical residence card for nationals from outside the European Union who reside in Spain, and that card states the NIE. As a Dutch investor living in the Netherlands, you only need the number. A TIE or registration as a resident of Spain is not relevant for participating in a project.

Can Dutch Value submit the application for me?

The application is a personal act that you carry out yourself, through the consulate or through an authorised representative of your own choosing. We consider it sensible that your representative in Spain looks after your interests and is independent of the project company. We do inform you in good time about the notarial steps involved in a project, so that you can arrange the number in time. How that process works is explained on the page about our approach.

What you can do next

An NIE number is a small formality with a large impact on the timeline. Apply for it as soon as you are seriously considering an investment in Spain, and not only when the notary asks for it. Choose the route that suits your situation and bring a document showing the reason for the application. Have the legal and tax aspects of your participation assessed by your own adviser with knowledge of Spanish law. Would you like to know which steps are involved in a specific project proposal? Schedule a personal meeting.

This article is general in nature and does not constitute legal or tax advice.