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Tax advisors specialised in Capital Gains, Resident and Non-resident Taxes in Spain

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We are qualified tax advisors in Marbella and Estepona with over 20 years’ experience handling fiscal matters in Spain

At ​​Legal & Accounting Network, our conveyancing solicitors have over 20 years’ experience providing expert advice on the process of buying, selling or inheriting property in Spain. 

Based in Estepona, a short drive from Marbella, we have expertise dealing with real estate on the Costa del Sol and in the province of Malaga, and will be able to guide you through the entire process of buying or selling your property and take care of all the required documentation. 

Our fiscal department will also be able to ensure you comply with your tax liabilities involved in the operation, or take care of your future tax returns as property owners in Spain.

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Tax services for business and individuals

Our specialist tax advisors at ​​Legal & Accounting Network propose and implement solutions to maximise tax savings for companies and individuals, residents and non-residents.

Have you got doubts about your fiscal liabilities, or how and when to file your tax return in Spain? Let our committed team of tax consultants at Legal & Accounting Network take care of all your fiscal matters and dispel any doubts you may have in this regard.

The direct taxation of individuals consists of two main personal income taxes: 

  • Spanish personal income tax (PIT), which applies to residents in Spain for tax purposes.
  • Spanish non-residents’ income tax (NRIT), in the case of non-residents for tax purposes who obtain income in Spain. 

Therefore, any foreigners who obtain income in Spain are either liable to pay Personal Income Tax or Non-resident Income Tax. The tax year in Spain runs from the 1st of January to the 31st December. 

We can help you determine your tax situation and liabilities and take care of the entire process of filing your Personal Income Tax return in accordance with the Spanish legislation.

Differences in Spanish Tax Liabilities for Residents and Non-Residents

Both residents and non-residents have to register in the Spanish Tax Agency in order to comply with their fiscal obligations. 

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Non-resident taxpayers in Spain are taxed at the rate of 19-24 % on income earned in Spanish territory or income that arises from Spanish sources such as property.

As a Spanish resident, you must file a Spanish tax return and pay income tax on your worldwide income in the following cases:

  • It is your first year declaring tax residency in Spain.
  • Your annual income from employment is more than €22,000.
  • You are self-employed or have a business in Spain.
  • You have capital gains and savings income of more than €1,600 a year.
  • You have rental income of more than €1,000 a year.
  • You have assets abroad worth more than €50,000.

As tax legislation in Spain undergoes frequent changes, it is advisable to consult a qualified tax advisor who can help you navigate this complex system and provide tailored solutions, taking into account your situation as a tax resident or non-resident for fiscal purposes.

Non-resident in Spain

Non-resident Tax in Spain

Non-residents are liable for taxes on any income arising in Spain; non-resident property owners are taxed on their property income or the value of the property. You must also pay Capital Gains Tax if you sell your property.

If you fail to comply with your tax obligations as a non-resident, you will be penalised by the Spanish Tax Agency. ​​Legal & Accounting Network will be able to take care of all your tax-related matters, including:

  • Calculation and submission of non-resident tax returns
  • Ensuring non-resident taxes are paid correctly and in a timely manner
  • Information about any changes in non-resident fiscal obligations.
  • Any queries regarding non-resident status and property ownership

Why you should seek professional tax advice in Spain

With each region of Spain having their own tax laws and even rates, working out taxes on your own can be a minefield. The complexity and dynamics of the Spanish tax system creates the need to use a professional tax consultant who constantly keeps up to date with the latest changes in the law. 

 

Our committed team of tax consultants will enable you to achieve a better understanding of the Spanish tax system, as well as your rights and obligations. We can propose and implement solutions to maximise your tax savings. Our commitment is to provide our clients with the relevant and necessary fiscal information in order to make informed, intelligent and tax-efficient decisions.

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[FAQ] Frequently Asked Questions about Taxes in Spain

Tax residents are liable to pay income tax in Spain on earnings from a range of different sources, including:

  • Employment income: wages, salaries, pensions, unemployment income, etc.
  • Self-employment and business income: income from all industrial, commercial, professional or artistic activities.
  • Investment Income: share dividends, account interests, and from real estate 
  • Net gains and capital gains loss, by transfer of goods, certain prizes (like lottery wins).
  • Legally established allocations on income from the ownership of some properties, other than the home that is leased, etc.
  • Government grants.

With very few exceptions, anyone resident in Spain (for an annual total of more than 183 days) for tax purposes and with income or capital gains anywhere in the world has to file a tax return. It should be noted that if your spouse and minor children live here, you may also be considered a tax resident in Spain, even if you work or live in another country.

Non-residents are also obliged to file tax returns on income from property in Spain, or income derived from any business in Spain. 

Therefore, foreigners who obtain income in Spain are either liable to pay Personal Income Tax, or Non-resident Income Tax.

Irrespective of the taxes that you are liable to pay, deductions and allowances are possible, therefore it is recommended to seek counsel from a qualified tax advisor. Exactly how much you can claim in deductions and tax credits will depend on your personal circumstances.

  • The basic personal tax-free allowance is:

 €5,550 for anyone under the age of 65

 €6,700 if you are over 65

 €8,100 if you are over 75

  • If you have dependents living with you, you can claim an additional allowance.

In general, you can claim tax deductions in Spain for:

  • Payments into the Spanish social security system
  • Spanish pension contributions
  • The expenses of buying or renovating your main place of residence
  • Charitable donations

According to your situation, there are many expenses you may be able to deduct from your tax payments. Our specialist tax consultants at Legal & Accounting Network will be able to propose and implement solutions to maximise your tax savings.