By law a non-resident owner of more than two Spanish Properties should appoint a fiscal representative in Spain. Failure to do so may result in a fine of between 150€ and 6,000€. Those who only own one property in Spain are not obliged by law to appoint one, but it is in their best interest to do so.
Pérez Legal Group takes care of filing your non-resident tax declarations (Wealth and Income Tax), before the Spanish Inland Revenue. We will also keep you informed of any taxes you will have to pay now and in the future, according to the information in our files concerning the properties you own in Spain.
Any non-resident individual owning a property in Spain is liable to the payment of both Wealth and Income Tax
These taxes must be paid on an annual basis. If you bought your property in 2004, the year 2005 is the first year you have to pay your taxes. If you bought before this date, we are also able to update your taxes at your request.
Should you fail to pay your Wealth and Income Tax to the Spanish Tax Authorities, upon the sale of your property in Spain, you will not be able to recover the 3% retention on the sales price made on account of possible capital gains tax. In other words the Tax Office will deduct your Wealth and Income Tax for the previous five years, plus accrued interest over that period of time and the corresponding penalty, from any potential reimbursement. The Wealth Tax rates cannot be from 0.2% to 2.5%.
The Tax Office, in order to give a value to your property for the calculation of the Wealth Tax, will apply the highest of the following three:
The value of the property appearing in the local rates (cadastral value).
The purchase value as it appears in the Purchase Title Deeds or “Escritura de Compra-venta”.
The Fiscal Value established by the Administration Office.
Any non-resident individual with a property in his name is subject to an Income Tax of 2% (or 1.1% if the catastral value has been recently revised) on the value of the property. This tax is presently 25%.
The Inland Revenue deems that the owner of the property is receiving an annual income equal to 2% of its value and a 25% tax is applied on this amount. The valuation for the “Deemed Income Tax” is the cadastral value shown on the Local Property Tax (I.B.I. bill).
Pérez Legal Group can act as your Fiscal Representative, filing all the necessary forms and reminding you of payments due to the Spanish Tax Authorities.
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Perez Legal Group
Phone: +34 952 833 169
FREE UK number: 0 20 36 95 23 30