One of the most common mistakes expats make is that of not researching the tax situation of their new country before they move there. This can lead to some very bad news further down the road.
Let’s have a look at Spain, which has a lot of taxes that people coming from other countries might not be familiar with. For example, having previously lived in Malta, many of the Spanish taxes were simply new to me and have no equivalent in Malta. There is no property tax, exit tax, or wealth tax there, just to mention a few examples. I’m therefore very glad to have done the research before I moved to Spain because it made me aware of what I was getting into.
Let’s start with the basics, shall we? One of the first things to note is that taxation in Spain affects not only residents but also non-residents. The most classic example of taxation of non-residents is that on income from rental properties that one owns in Spain. Another point of confusion is how to determine whether you’re actually a resident or not for tax purposes.
Am I a tax resident in Spain?
In general terms, tax liability in Spain is determined by the concept of permanent residence, whereas citizenship is irrelevant. An individual is considered a permanent resident in Spain in any of the following circumstances:
- You have spent more than 183 days in Spain within a single calendar year regardless of whether you are formally registered.
- Your primary professional activities are conducted in Spain – essentially if you are self or otherwise employed in Spain.
- Your main interests (eg your spouse or children who are still dependent on you) live in Spain.
Note that if the spouse and underage children reside permanently in Spain, your residence is presumed unless sufficient proof is provided to the contrary.
These criteria of residency apply for personal income tax, wealth tax, inheritance tax and gift tax although for inheritance and gift tax some exceptions may apply.
What is the tax year-end?
31 December. Unless the taxpayer dies on a day other than 31 December.
What do you need in order to submit the return?
You will need to obtain a digital certificate by filling in the form found here and going to the nearest office to verify your identity. Once you’re verified you will receive the digital certificate via email and you will then need to install it in your browser so that you can access the Hacienda website and fill in your tax forms.
If you are enlisting help from a tax consultant or accountant (as I recommend you do if it’s your first time doing these statements), he will be able to submit all forms on your behalf. You will only need to provide him with information about your income and assets as well as a copy of your NIE. He might also ask you some further questions to ascertain whether you can make use of certain tax deductions.
When are tax returns due? That is, what is the tax return due date?
The due date for filing the tax return and making a payment for tax residents and individuals taxed under the special expatriate regime is normally from 6 April to 30 June of each year for the income obtained in the previous year.
Specific filing deadlines apply to non-residents and, as a general rule, non-residents must report income and pay taxes on a quarterly basis (First 20 days of April, July, October and January for that income the accrual date of which is the previous quarter). Non-Resident returns related to deemed-income from the holding of real estate must be submitted until 31 December of the following year.
There is no possibility of claiming for filing extensions, hence, if the tax return is not filed on time, penalties will be imposed. These penalties will vary depending on whether the tax return is filed after the deadline on a voluntary basis or whether it is as a result of a tax inspection.
Let’s now have a look at some forms and Spanish taxation schemes which can trip up expats.
This is known as the declaracion de la renta, and is the most common tax form. Most people need to fill in this form on a yearly basis. You will automatically get a draft version from Hacienda, called borrador, which you then need to check and add details to if necessary. Once you’re sure everything is correct you can send it off. You will have to pay the tax from your bank account, or provide your bank account details so they can pay you back in case you had paid extra tax during the year, most likely due to any retenciones that local companies processed on your behalf.
If you are married and make a joint declaration, you have an allowance of €3,400. You will only pay tax for any earnings above €5,500 during the fiscal year. As a general rule, the option for joint filing is a good one for those couples where one of the spouses doesn’t receive any remuneration (or receives a very low one that doesn’t go above the €3,500 joint declaration allowance).
Tax resident individuals are obliged to report (720 Form) the following assets and rights located outside of Spain to the Tax Authorities:
- Accounts in which the individual is the titleholder, or in which he is representative, authorized person or beneficiary, or in which he has disposal powers.
- Securities, rights, insurance and life or temporary annuities.
- Real estate or rights on real estate.
There will be no reporting obligation for those assets or rights which value (considered in aggregate for each group of assets listed above) is lower than €50,000. The deadline for filing the 720 Form is from 1 January to 31 March of the year following that for which the information must be reported.
For more information about this read my post about the modelo 720 form in Spain.
Spain has a wealth tax that non-residents should consider when buying real estate in Spain. Wealth tax is imposed on non-residents’ assets located in Spain. The tax rate ranges from 0.2%, when the value of the assets held is less than €167,129, to 2.5%, when the value of the assets exceeds €10,695,966. However, there is a tax-free allowance of €700,000.
The autonomous regions can modify for their own territories the applicable tax rates and the tax-free allowance, and can introduce tax reliefs, which means that the effective tax rates vary substantially between autonomous regions. Autonomous region’s legislation can be applicable if the taxpayer is resident in the EU or EEA.
Property taxes are also an important issue for expats in Spain. Spanish VAT (IVA), document fees and sales transfer taxes (similar to UK and Maltese stamp duty) are payable. Rates vary according to what type of property is purchased, the value, and the region the property is located in.
Capital Gains Tax
Capital Gains Tax (CGT) is payable on the sale or transfer of qualifying assets. Rates are in line with savings income tax rules. Liability depends on which asset sales qualify and which don’t. Exemptions are available according to each individual’s personal circumstances. Rates are on a scale between 19% and 23%, irrespective of the region where you live.
On 1 January 2015, Spain introduced an exit tax. Individuals that have been permanent residents for at least ten years during the previous 15 years and cease to be residents are taxed on any unrealised capital gain derived from shares or interests in any type of entity.
Taxation is only imposed when either:
- The total value held in those assets exceeds €4 million.The individual holds a stake of at least 25% in an entity and its value exceeds €1 million. In this case, only the gains considered to derive from this stake are taxed.
The unrealised gains will be taxed at the standard rates of 19%, 21% and 23%.
If the change of residence is temporary and some requirements are met, the tax due can be deferred for five years if the proper guarantee is submitted (preferably a bank guarantee or a pledge over the securities). If the deferral of the tax due is not requested, when acquiring Spanish residence again, the individual is entitled to claim the refund of the tax due.
If the taxpayer moves to another EU/EEA country the gain will only need to be declared and taxed if the shares are sold within the next 10 years or they move outside the EU/EEA.
To benefit from the EU or EEA deferral regime, an individual must communicate his new address (and subsequent changes of domicile) to the Spanish Tax Administration using the appropriate form.
So Brexit could be an issue for those affected, in which case seek advice on how to hold your investments so that exit tax will not apply.
Note that this is just a summary of my research on the topic and my discussions with various tax consultants. It should not be taken as tax advice. When in doubt, you should always consult a trusted tax consultant to help you fill out this submission.