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Taxes in Spain: Tax Rates and Special Expat Taxes

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Taxes in Spain: Tax Rates and Special Expat Taxes

Income taxes in Spain should be paid between May 1 and June 30 for the previous year’s income.”

Posted by Dreamer

Information on income taxes and income tax rates in Spain, paying tax in Spain, special taxes, VAT/IVA, double taxation, taxes on property and real estate, and US forms and publications for expatriates living in Spain.

Expat Taxes in Spain

When you move to Spain, you may or may not have to file or pay taxes in your home country. Here’s a rough guide by country:

UK: Apply for certificate E101 to declare your tax paying status in Spain, negating your tax obligations in the UK. For more information on double taxation issues between the UK and Spain, see http://www.hmrc.gov.uk/cnr/dtdigest.pdf.

USA: See IRS Forms and Publications. In particular, Publication 514: Foreign Tax Credit; Form 2555 and 2555-EZ: Foreign Earned Exclusion; Form 1116: Foreign Tax Credit. You’re exempt for up to $80,000 while you live overseas. Detailed information on double taxation between the USA and Spain can be read here: spain.pdf.

Canada: Spain and Canada have a double taxation treaty; read it carefully to find out your tax obligations while overseas. If you plan to be in Spain for longer than two years, look into declaring non-resident status in Canada in order to avoid paying tax there during your absence. See a copy of that treaty here in PDF format.

Non-Europeans: The 16% VAT/IVA tax can be rebated for many items over €90. Keep your receipts and upon leaving the European Union and Spain, you’re able to receive that tax money back from the government. This mostly applies to tourists, but other medium-term expats as well, and can be completed at the airport and some tourist information centres.

Spanish Income Taxes

Spain’s fiscal/tax year is the natural calendar year. Income taxes in Spain should be paid between May 1 and June 30 for the previous year’s income. With a DNI or NIE, you can apply for a Número de Identidad Fiscal (NIF) in order to pay your taxes in Spain.

Tax residents will need to pay income taxes in Spain and are generally defined as those who reside in Spain over 183 days in each calendar year and/or have their main financial interests in Spain. However, in many cases you only need to file a tax return in Spain when you make more than €22,000 per year, receive a rental income of more than €1,000 and/or receive a capital gains and savings income of more than €1,600.

Personal allowances for Spanish income tax purposes are €5,151, which increases to €6,069 for persons over age 65 and €6,273 for persons over age 75.

Child allowances for Spanish income tax purposes are: €1,836 for the first child, €2,040 for the second child, €3,672 for the third child and €4,182 for additional children. In addition, Spain has a maternity allowance of €2,244 for each child under three years old.

Earned income above these allowances is taxed at the following rates:



Income (above allowances) Spain’s national tax rate Provincial tax rate Total tax rate
€0 - €17,707 15.66% 8.34% 24%
€17,707 - €33,007 18.27% 9.73% 28%
€33,007 - €53,407 24% 5% 37%
€53,407 and above 31% 6% 43%

The provincial tax rate is only a guide. Some autonomous communities have different rates.

Income in Spain is roughly defined as:

  • Wages and salaries, either as a salaried employee or as a businessperson
  • Pension benefits
  • Dividends, yields, interest and capital gains
  • An employer’s pension contributions
  • In-kind benefits

The tax rate for expats could be advantageous…”

Special Expat Income Tax Regime in Spain

As of 10 June 2005, the Spanish government approved a new tax regime for expatriates working in Spain. This was Royal Decree 687/2005.

This tax rate for expats could be advantageous to avoid paying the upper levels of the rate table outlined above. In order to qualify, the expatriate must meet following:

  • Expats must not have been a resident in Spain at any previous time during the 10 years before their current work or position in Spain.
  • Their position must be under a legal employment contract with a Spanish company or through secondment employment, or with a non-resident company holiding a permanent establishment (i.e. a branch) in Spain.
  • The work must be performed in Spain, although some flexibility is allowed. Work may be partially performed outside Spain if the salary for work abroad does not exceed 15% of the total salary for the year. If the working contract provides that the individual performs functions in another group company, this limit goes up to 30%.
  • The expat’s income must be subject to Spanish NRIT (Non-Resident Income Tax).

If you qualify, this means you’ll be subject to a special flat tax rate for expatriates at 25% for all Spanish income sources, and you will be taxed as a non-resident regarding all income, capital gains and wealth taxes.

Note: You’ll have to make the decision within six months from the start date of your social security registration. The period of time you can claim this expat tax rate starts from the first year when the expat has spent more than 183 days in Spain and continues for a total of five years or more.

Further note: Due to the special nature of this tax, you’ll very likely need a tax advisor to ensure proper adherence to the decree.

Property/Real Estate Taxes in Spain

The average cost of property in Spain is €186,000 for new property and €179,000 for resale property. To conduct real estate transactions in Spain, you must obtain a NIE number – a foreigner identification number.

When you buy property, you will pay a transfer tax of 7%, unless you’ve already paid VAT.

VAT/IVA is 4% for publicly subsidized homes, 7% for newly-built properties and 16% for plots of land and commercial premises.

The stamp duty tax is levied on the sale price declared on the public notarized deed; it varies by autonomous community between 0.1% and 1%.

The wealth tax rate ranges from 0.2% to 2.5% of the value of the property every year. For residents the first €108,182 is tax exempt. The tax exemption increases to the first €150,253 if it is a primary residence.

The local property tax/council tax is set by the municipal authorities, usually between 0.5% and 1%.

The land appreciation tax is levied each time a property changes hands and increases in value; this rate is set by the municipal authorities.

When you sell property, the capital gains tax rate is 18%. However, there are tax breaks available.

Inheritance tax is not a fixed rate. It depends on a number of factors, including the wealth of the beneficiary, not just the benefactor.

The income tax on rental income is 24% for non-residents and will still be taxed if you don’t rent out the home at the level set by the government. However, tax breaks are available. Rental income should be declared quarterly.

Last updated 30 01 2008

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Expat Talkback

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20/Mar/2008:
trond said:

If you leave Spain midway through the year and become a non resident, how do you complete your personal renta declaration? In fact more to the point, are you entitled to any of your tax back, if you were working for a Spanish company, and paid the normal income taxes?
I remember for example the other way around, coming to Spain, if you arrived after mid year in Spain you didn't used to have pay income tax unless you were in the country more than 6 months. Is that still in place or has that gone?

12/Feb/2008:
ROBI said:

Ok the tax tables have been updated. It is important that residents do start to declare and pay tax in Spain otherwise they may not get the tax benefits regarding CGT etc.

03/Feb/2008:
libove said:

If an expat qualifies for and selects the flat 25% expat tax rate, does this have any other side effects?

For example, in the US IRS' terms, is selecting this expat tax rate tantamount to declaring to Spain that the US person is NOT resident in Spain (and therefore is NOT eligible for the US-Spain double taxation exemption on Forms 2555/1116)?

Does selecting the 25% expat rate change the Spanish immigrations authorities' calculations of how long the expat has lived in Spain, against future desire to naturalize to Spanish citizenship?

Etc.

Thanks!
-Jay

05/Nov/2007:
ROBI said:

Correction to my earlier post:

Sorry I was wrong the E101 is for people who are temporarily working abroad.

The FD9 is for people who have PERMANENTLY relocated and need to pay in Spain (as against UK)

My other points are correct (ref CGT) and also note the above tax table is out of date.

20/Jun/2007:
Tomas111 said:

Am I required to pay Spanish income taxes if I am a resident but out of the country for more then 183 days a year.

Not sure if it makes any difference but all my income is derived from outside of Spain.

Will appreciate a clarification on this issue or a direction in which I can be pointed to.

Regards,

Tomas

24/May/2007:
stefano said:

With regard to the requirement to opt for non-resident tax regime (flat 25%, now flat 24%, as of Jan 2007) within the first 6 months of work in Spain, does anyone know if there's any way to appeal or submit the form and documentation AFTER the 6 months deadline ?

Do you know of anyone who's been able to pull that off ? Especially important, since the non-resident regime would apply for 5 years.

Thank you!

15/Apr/2007:
kurtl said:

I am from the US and just started working here officially in January. My company is currently deducting my taxes at a much higher rate.

How and where does one find out more and apply for the 25% flat tax? I saw the note about consulting your tax advisor but are there any immediate risks that anyone has heard of. Many thanks, Kurt

24/Mar/2007:
ROBI said:

The 130,000pds (no symbol on my Spanish keyboard!) is stated above:

Summary of Taxes on Property/Real Estate

Average cost of property: £130,000.

Another thing:
For British taxpayers now resident in Spain - To apply for UK tax exemption (under the double taxation agreement) and pay tax in Spain it is not the E101 but the Form Spain/Individual FD9

23/Mar/2007:
Spainbound said:

Hi Robi,

Sorry, not sure what you're referring to in regards to 130,000£ ???

23/Mar/2007:
ROBI said:

Capital Gains Tax is NOW 18% for both residents and non-residents. If the proceeds are re-invested in another Spanish property within a 2 year period the CGT is not payable.

Also I think quoting an average property price of 130,000£ maybe very off-putting for some persons there are many new quality built legal properties in this area (Costa Blanca) below that price.

16/Jul/2006:
Spainbound said:

Note that the income from Isa's/Tessas is tax free in the UK. But not in Spain! So if you have such tax free savings that makes what you owe to the Spanish tax man even higher.

It's not exactly the sort of information that some sectors would want to push, I guess. But then it's our own responsibility, to be fair. I have to say that most estate agents and so on that I asked said there will be hardly any difference in the tax. That may be true for some people but I think we should all be aware that we may have to pay a lot more.

Now as to allowances: All I know of are: if you have a mortgage (I don't) you can I think get a 15% allowance of what you pay. If you have a pension from local government the Spanish tax man does not want any more tax on it (the UK tax is all you have to pay.) I know you get allowances for children etc.
If someone can show me how to reduce my bill I'd love to hear it!

I hope all this helps!

16/Jul/2006:
Spainbound said:

We are retired with no mortgage.
I now have my Spanish Residency, which I obtained in May 2005. I therefore had to submit a tax form before June 30th 2006 with information relating to 2005. This I did, with the help of a solicitor.
My tax free allowance in Spain was 3400 euros. Then the table above kicked in against the rest of my income.
My wife submitted a separate tax form and she too was given 3400 euros tax free before the above tax rates kicked in.

It doesn't matter what allowance the UK gives you in the first instance, because at the end you will have to pay the Spanish tax man the difference.
ALL of your income, from wherever, must be declared.

Add your pension together with the income from Isa's (say) - together with maybe income from a bond or bank account or whatever. Add it all up, show what tax you paid in the UK, and the solicitor works out what you should pay in Spain. You pay the difference.

14/Jul/2006:
peter said:

There seems to be general agreement that personal taxation is far higher in Spain than UK. However, in UK you are allowed personal allowances before you pay tax. If you have to declare all your income for Spanish taxation, how does the UK personal allowances come into play.
Is it better to pay Spanish tax from the start or to keep UK tax with the personal allowances.

01/Jul/2006:
Spainbound said:

In reply to the questions about income tax. Yes, I'm sorry to say that income tax is MUCH higher in Spain than in the UK. Once you become a resident you have to pay the difference between what you have paid in the UK and what you should pay in Spain. Don't let anyone tell you otherwise. You have to declare ALL your income, wherever it is earned, and the result is considerably higher than in the UK for most people. This issue is very much brushed over by estate agents and the like. Work it out for yourself. It's not all about cheap wine!

31/May/2006:
Giuseppe said:

I am confused about income taxes. Does Spain treat pension payments and U.S. social security payments to retirees as income and are these funds taxable?

11/May/2006:
Dave Russell said:

we are thinking about retiring to spain in 18 months time in fact placed an initial deposit on a house.
personal tax seems high do the allowances in the above table relate to idividuals or do you have to put you pensions together as a married couple.

01/May/2006:
Steve Watson said:

Hi, I am a pensioner now living in Spain, after looking at the tax chart, I am a little confused (probably my age) but is there a personal allowance? Or are you taxed from the first Euro, also is the chart per person, or joint man & wife, as my UK state pension + my wifes little State pension, does not add up to much. If we have to pay between 14 and 20% we would be skint.

Steve.

25/Apr/2006:
sarahlm said:

When working in the uk on a low income we get such as child tax credit to up the income per month. Does spain have a similar thing? And what do the water rates and council tax rates amount to in spain?

23/Apr/2006:
The Expatriator said:

Hi Lokash,
The table of tax rates posted is for personal income, thus everything is based on annual tax accumulations as we're all familiar with.

23/Apr/2006:
lokash20 said:

For clarification, in the table above, are the quoted tax rates applied to the portion of income accrued over a given year, quarter or month?

Thanks in advance.

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