FAQ

Many jurisdictions require residents to be present in the jurisdiction for a minimum number of days and nights per year in order to establish residency for tax purposes.

Conversely, jurisdictions may deem an individual to be resident if they spend more than a certain number of days and or nights per year in the jurisdiction.

Ovrnite can help you comply with and/or avoid residency thresholds.

How does Ovrnite Help?

Ovrnite tracks the jurisdictions you visit allowing you to see at a glance all the jurisdictions you have visited in any given year.

Ovrnite tracks days and nights separately (see more below on days/nights).

Using Ovrnite it’s easy to plan your time, and comply with minimum stay requirements, and avoid residency thresholds.

USING Ovrnite

Ovrnite screens

Ovrnite is divided into 5 different main screens. The screens are accessed via a menu at the bottom of the screen. The screens are as follows;

Europe
Target
Tracking (day / night)
Overview
Settings - including Calendar feature

SCREENS FUNCTIONS IN DETAIL

DAYS IN EUROPE

This screen starts functioning on the day you sign up to Ovrnite but will not be fully functional for a period of 180 days. Read on for more details

What is the purpose of this screen?

After Brexit, British Citizens can only spend up to 90 days in every period of 180 days in the Schengen Area.

I don’t understand all the numbers on this screen, what do they mean?

The “Days in Europe Screen” contains 4 numerical displays.

The main graphic dial shows how many of your 90 day allowance remain in the current 180 day period.

When does the 180 day period start / end?

The date that the current 180 day period commenced is displayed in the dialogue box under the graphic dial in the format dd/mm/yyyy. In Ovrnite for the first 180 days, this will be the date your signed up and started using the App.

The commencement date for the 180 day period is less than 180 days ago, why is this?

The “Days in Europe” screen starts working on the day that you download and start using Ovrnite. From that date onwards, Ovrnite will start to count the number of days you spend in Schengen.

After 180 days the commencement date will start rolling forward.

How do I calculate the 180 day period?

The 180 days is a rolling period. The easiest way to think about it is that the period commenced 180 days before the day you wish to enter the Schengen Area. If you have spent 90 or more days in the Schengen area in the 180 days prior to entering the Schengen area, then you have already reached or exceeded your 90 day limit.

What is the “Future Allowance” Display for?

As the 180 day period rolls forward days spent in the Schengen Area begin to fall outside of the 180 days period, freeing up additional allowance. The “Future Allowance” display allows you to see at a glance what your “Days in Europe” Schengen allowance will look like in 4 weeks time, 8 weeks time, and 12 weeks time.

Example: You spend 30 days of January in the Schengen area using up 30 days of your Schengen Allowance. Between March and June you spend an additional 60 days using up all of your 90 day allowance in a 180 day period. In June those 30 January days are still within the current 180 day period but by July they will fall outside of the 180 day period, giving you 30 more days in Schengen. The “Future Allowance” feature allows you to look forward in June by 4 weeks to July, to see what additional allowance will be freed up. You can also look forward 8 weeks and 12 weeks.

I’ve read that the 180 day period commences when you enter the Schengen Area and ends when you leave the Schengen Area – doesn’t that mean I can spend 90 days in the Schengen Area every time I enter it?

No this is not correct. You cannot refresh your 90 day allowance by exiting and then re-entering the Schengen Area.

What constitutes the Schengen Area?

The 26 Schengen countries are Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

TARGET SCREEN

You can set targets to hit, and/or thresholds to avoid.

Targets are set according to the jurisdiction you select for tax residency on sign up.

183 Day Target

To establish residency in most jurisdictions, you need to spend a minum of 183 days in country during the relevant tax period. The Target screen displays your progress towards hitting this target.

TRACKING (DAY/NIGHT)

The Tracking screen contains two separate views. Day view and Night view. You can toggle between the screens by selecting the day (sun) or night (moon) icon above the main menu bar.

The Day/Night screen displays your top 5 jurisdictions that you have spent your days / nights in this year.

The Date Dialogue Box displays the current date, and numerical day number of the year.

OVERVIEW

This screen shows you all of the days and nights you have spent in all jurisdictions you have spent time in, in the current year. It also displays "Computational Days/Nights".

What are “Computational” days / nights?

On occasion, and for various reasons (see our User Guide for further details), your device may not generate location data. On these occasions Ovrnite will calculate your location according to the Ovrnite location algorithm.

Where the location algorithm, rather than location data, is used to update Ovrnite, the “Computational days/nights” will increment +1, to enable you to keep track of the occasions on which your device is not providing location data.

"Computational days/nights" will provide an accurate location for short periods of time. If however, your device does not generate location data for long periods of time, "Computational days/nights" may be less accurate. You can reduce your "Computational Days/Nights" score by reviewing them in your Calendar, and manually confirming your location.

CALENDAR FEATURE

In your settings menu, you can access the Ovrnite Calendar Feature.

The calendar can be viewed in two screens - "Months & Weeks", and "Days".
You can edit information from the "days" screen.

Jurisdictions you have visited are indicated using the relevant flag.

"Months & Weeks"

Swipe left and right to navigate to the month you wish to view.
Scroll up and down to to view different weeks in the current month.
Click on a week to take a closer look.

"Days"

Scroll up and down to look at different days.
Click on the date to edit information for that date.
Add any missing jurisdictions - then delete any incorrect information.
Add jurisdictions to dates that are blank (computational days/nights).

"Computational Days/Nights"

Computational Days/Nights are shown as blanks (ie no flag is displayed).

If you add jurisdiction data to a blank date, this will automatically reduce your Computationl Day/Night score.

If you add data to all Computational Days/Nights then your Computational score on the "Overview Screen" will be reduced to zero.

Save on Exit

Remember to save any changes you make in Calendar. Those changes will then be reflected on every screen in the Ovrnite App.

SETTINGS

GUESTIMATES

I downloaded Ovrnite midway through a tax year, will it work for me?

When you log onto Ovrnite for the first time, you will have the opportunity to guestimate the that you have spent time in for the year to date. Ovrnite will thereafter track your location.

Editing Guestimates

Go to >>Settings>> Edit Guestimates

This shows you the day guestimates you entered during the Ovrnite sign up process.

Tick the “Edit nights separately” box to edit your days and nights separately.

See “Day/Night Rules” below for further information about how days and nights are calculated.

LOCATION SHARING

See our USER GUIDE for a step by step guide to setting up location permissions.

In order to work correctly your device permissions must “always allow” Ovrnite to track your location.

Why must I set device permissions to “always allow” location service

Ovrnite tracks the jurisdictions where you spend your days and nights. In order to do this effectively, Ovrnite needs to track your location, even when Ovrnite is not open or in use.

NOTIFICATIONS

Set your device permissions to allow notifications so that Ovrnite can keep you up to date with latest updates and announcements.

DAYS / NIGHT RULES – WHAT IS A DAY/NIGHT?

What does Ovrnite consider to be a “day”?

A day is and point between 00:00 hrs and 23:59 hrs.

What does Ovrnite count as a day in a jurisdiction?

If you visit a jurisdiction at any point during the period 00:00 hrs to 23:59 hrs you will be considered to have spent a day in that country.

Can I spend a day in more than one jurisdiction?

Ovrnite will add one day to every jurisdiction that you visit in a day.

You can therefore spend a day in more than one jurisdiction.

Example: If you start the day in jurisdiction A, and later in the day travel to jurisdiction B Ovrnite will count 1 day in jurisdiction A and 1 day in jurisdiction B.

What happens if I visit a jurisdiction more than once in a day?

Ovrnite will count each jurisdiction you visit once per day.

Example: If you start the day in jurisdiction A, and later in the day travel to jurisdiction B, and then later return to jurisdiction A, Ovrnite will count 1 day in jurisdiction A and 1 day in jurisdiction B. Ovrnite will not count two days in jurisdiction A just because you visited the jurisdiction twice in one day.

What Ovrnite consider to be a “night”

The definition of “night” that Ovrnite uses depends on the jurisdiction you have selected as your of tax residency.

Tax Resident Night – a Gibraltar night is considered to commence at 20.00 hrs and ends at 08:00 hrs the following day.

What does Ovrnite count as a night in a jurisdiction?

Where you spend the night depends on the jurisdiction you have selected as your jurisdiction where you are tax resident.

Tax Resident Night – Ovrnite will consider you to have spent the night in the jurisdiction where you spend the most time between 20:00 hrs and - 08:00 hrs the following day.

Can I spend a night in more than one jurisdiction?

You can only spend the night in one jurisdiction per night. Ovrnite will determine where you spent the most time between 20:00 hrs and 08:00 hrs and award a night to the jurisdiction where you spent the most time.

TROUBLE SHOOTING

Ovrnite isn’t recording where I am spending my day/nights accurately

To work properly Ovrnite needs you to enable location access at all times. Check your device permissions to ensure that your location services have the correct permission settings – you must select “always allow”. Some devices can place an app into sleep mode if it operates in the background for long periods of time. Make sure that you disable sleep mode for Ovrnite in your device settings.

Ovrnite is asking me to turn on location access?

Ovrnite needs location access at all times in order to keep track of the days or nights spent in each country. Ovrnite only records your location when you are on the move, and even then, only at selected intervals. It does not continuously track your location. If location access is not enabled at all times Ovrnite will not record your location and Ovrnite won’t work properly.

What happens if my device is switched off, is in airplane mode or runs out of battery?

If your device is switched off, runs out of battery, or is placed in airplane mode, your device will not be able to provide Ovrnite with location data. Ovrnite will record days by calculating your last known location when your phone was turned off, and your first known location when your phone goes back on.

What happens if I lose or change my device?

Once you create your Ovrnite profile you can use it on a new device by downloading and logging into the Ovrnite app on the new device, without losing any data. Simply login using your account credentials.

I am getting a notification to login to Ovrnite

If for whatever reason you logout of Ovrnite, you will receive a notification to login again. Ovrnite only works when you are logged in and have Ovrnite running on your chosen device.

Can I use Ovrnite on more than one device?

You can only use Ovrnite on one device at a time. If you download and login into Ovrnite on a second device, you will automatically by logged out of Ovrnite on your first device.

My Ovrnite records are not accurate. Can I add missing, or alter, data in Ovrnite records?

When you login to Ovrnite for the first time, you will have the opportunity to manually enter location data for the year to date.

To alter data after the date of sign up you can use our Calendar feature.

TAX RESIDENCY RULES: GIBRALTAR QUESTIONS

How does Ovrnite know what tax residency rules to apply?

Ovrnite sets tax residency rules according to the country you select as your country of tax residency.

What is a “Spanish tax year”?

The Spanish tax year for tax residency purposes starts on 1 January and ends on 31 December i.e. it is the same as the calendar year.

What is the “Gibraltar tax year”?

The Gibraltar tax year for tax residency purposes starts on 1 January and ends on 31 December i.e. it is the same as the calendar year.

I want to avoid being a tax resident in Spain, will Ovrnite do this for me?

Where you spend your days and nights is a critical part of determining residency for tax purposes, but it is not the only criteria. Other criteria apply and you should speak to a legal and tax professional if you require advice.

Ovrnite automatically tracks how many nights, and days, you spend in Spain during the Spanish Tax Year. This will assist you in making sure you don’t go over the number of days and nights which may result in you being considered resident in Spain for tax purposes.

Remember, you will need to comply with other residency requirements as well – days and nights spent in Spain is not the only consideration. If you want to make sure you are complying with all the requirements you need to consult with an appropriate legal and tax professional.

How many days and nights can I spend in Spain and still remain tax resident in Gibraltar?

If you spend more than 183 days in Spain and spend more than 183 nights in Spain during a Spanish tax year, you may be deemed to be resident in Spain for tax purposes.

You should aim to spend 183 days and 183 nights in Gibraltar per year.

You should ensure you spend more days / nights in Gibraltar than in Spain in each year.

Ovrnite automatically keeps track of where you spend your days and nights, helping you plan your time.

Days and nights spent in Spain are not the only considerations when determining tax residency. If you want to make sure you are complying with all the requirements you need to consult with an appropriate legal and tax professional.

How do I use Ovrnite to prove the number of nights I have been spent in a country?

Ovrnite is a tracking app that allows you to keep track of the jurisdictions where you spend your days and nights.

Ovrnite Premium (launching soon) will provide you with a suite of tools that will allow you to track, plan and prove where you are spending your time. Look out for more information about how you can upgrade, coming soon.

I have an enquiry from a tax authority, how can I use Ovrnite to help me?

When you receive an enquiry from a tax authority it may be to present evidence confirming where you have been resident during the course of a tax year. Ovrnite provides an easy way to collect this information for presentation to the relevant authority as part of your evidence.

I’m using Ovrnite so I don’t need to worry about tax residency anymore right?

Ovrnite tracks the jurisdictions where you spend your days and nights, to help you plan your time, making it easier to comply with your tax residency requirements. Remember, you will need to comply with other residency requirements as well – days and nights spent in Spain are not the only consideration.

If you want to make sure you are complying with all the requirements you need to consult with an appropriate legal and tax professional.

EXTERNAL GUIDANCE

There are plenty of professional service providers that can assist you with tax advice and guidance

Speak with a private client specialist - TSN Law Gibraltar

Legal Podcasts UK/Spain Tax Treaty regarding Gibraltar - Hassans

New Year, New Tax Rules - Isolas

User Guide

Guestimates

Days / Nights

Tax Res Gib Q

Trouble shooting

App Ovrview