Implications Of The
Reformations Of Spanish Tax Laws In 2007
There is a new legislation with effect from
1st January 2007 which affects Spanish Personal Income Tax, Corporation Tax,
Non-Residents Personal Income Tax and Wealth Tax. As far as non-residents are
concerned, the new legislation states a reduction in the Capital Gains obtained
by Non-Residents, which is to decrease from 35% to 18%.
In the case of transfers of property situation in Spanish territory by
Non-Residents Tax payers operating without a permanent establishment, from 2007
onwards the acquirer (person buying the property) is obliged to withhold and pay
to the Spanish Tax Authorities 3% of the purchase sale price agreed between the
parties as a payment on account of the Vendorīs possible Tax liabilities (whereas the
withholding application in 2006 is 5%).
If no retention is made and paid to the treasury, the assets in question ie:-
the property, will be used to secure payment of the lower of either the
withholding (3% of the sale price or 5% if the sale takes place in 2006), or the
resulting Capital Gains Liability, in addition to the penalties which may be
imposed for the breach in Tax compliance.
Resident Status
According to Spanish Law, an individual shall be considered to be Tax Resident
in Spanish territory when any of the following circumstances occur:-
A. Spending more than 183 days in Spain during the calendar year.
B. Having the centre of your principal business, professional or economic
interests in Spain.
C. Having your spouse and underage children residing permanently in Spain,
except in cases of legal separation or other circumstances where you can prove
that your Tax Residence is in another Country.