Before 20 January 2026, all non-residents in Spain must file a Non-Resident Income Tax return (form 210) for each property rented out in Spanish territory: Non-resident EU or EEA taxpayers are taxed at 19% on the net income (i.e., they may deduct from the rental income all expenses related to said rental: depreciation, property tax, [...]
The ruling handed down on 28 July 2025 by the High National Court, appeal no. 636/2021, has just been published. It considers that it is contrary to EU law and Article 63 of the Treaty on the Functioning of the EU (free movement of capital) to limit the possibility of deducting the expenses necessary to [...]
1. CURRENT TAXATION OF NON-RESIDENTS WITH ASSETS IN SPAIN 1.1. NON-RESIDENTS OF COUNTRIES WITHOUT DOUBLE TAXATION AGREEMENT [DTA, hereinafter, Spanish initials: CDI] WITH SPAIN OR WITH CDI WHICH DOES NOT INCLUDE THE WEALTH TAX [IP] Real Estate appraisal Deduction of charges or debts in relation to the properties Applicable legislation and minimum exemption Special tax [...]
The purpose of this post is to encourage the presentation of complaints before the European Commission against the brutal and unjustified tax discrimination suffered by residents (Spanish or foreign) in non-EU countries with real estate properties leased in Spain. Said parties are obliged to pay Non-Resident Income Tax (IRNR) in Spain on the full amount [...]
RULING No. 242/2018 OF 19/2/2018 HAS IMPORTANT CONSEQUENCES FOR TRANSFER AND GIFT TAX … AND FOR FORM 720! The Court of Justice of the European Union Ruling of 3/9/2014, Case C-127/12, ruled against Spain because the regulations of the Transfer and Gift Tax in force until then did not allow the application, in inheritance and [...]
We have started 2018 without Property Tax in Spain, as there is a full tax relief. We do have to pay the Tax for 2017 (tax returns can be filed till the end of June 2018) because Royal Decree-Act 3/2016, of 2 December (Official State Gazette, BOE, of 3/12/2016), eliminated that tax relief for 2017, [...]
Now, for most of the persons who plans to acquire real estate in Spain, being non-resident in this country, the most convenient and simple way is to purchase as individuals and not through Spanish or foreign companies. In this way, in case of sale, will pay for the non-resident Income Tax to 19% on the possible equity gain, compared to 25% that [...]
TAXES PAYABLE IN SPAIN BY NON-RESIDENTS WITH PROPERTY FOR THEIR OWN USE AND/OR RENTED In addition to the annual REAL ESTATE TAX to be paid to the relevant City Hall, the non-residents who are owners of real estate in Spain must be very attentive to two other taxes to pay to the State Treasury: - Income Tax - Wealth Tax INCOME TAX PROPERTY EXCLUSIVELY FOR [...]
The judgment of the Tribunal of Justice of the European Union on the 3rd September declared that the Spanish regulation on Inheritance and Gift Tax is contrary to community Law, since it allows that on inheritance and gifts with non-residents, the tax payable be very much higher than that paid by residents, which is in [...]
The European Court of Justice´s decision from the 3/9/2014 (case C-127/12) is very important for various reasons: - As it ends with the discrimination of the non-residents, where they were paying more Inheritance and Gift Tax in Spain, than the residents, - As it may also affect inheritances and donations with third countries (and not [...]
