France-Spain .com

Information about buying Real Estate in France and Spain ( france-spain.com )

One of the best information resources of Spain in the web.

 

 Income tax

Spain has a double taxation agreement with many countries, the US is one of them. You are liable for income taxes when you reside 183 days per calendar year in Spain, or if you have your main business interest in Spain. In some cases paying taxes in Spain may be advantageous since there are deductions that may not apply in other countries. You should consult a international tax advisor before you move to Spain. If you are selling your business and move to Spain, you may want to establish yourself as a resident and then sell the business.

In general, the double taxation agreement allows you a tax credit in the US for taxes paid in Spain and vise versa. It is important to distinguish yourself as a resident or non-resident. As a non resident you are only taxed on income derived in Spain. As a resident of Spain you will be taxed on your world wide income.

When leaving Spain you need to apply for tax clearance, You will need to pay an estimated amount of taxes due for that year. If that amount turns out to be too high, you can request a refund.

 spanish statue
 
 Seville

 Capital Gains Tax

Capital gains are due when you sell Real Estate, antiques, art, stocks, a business etc. Capital losses can be deducted from capital gains. If the losses exceed the profits, these losses can carry forward. It is very similar to capital gain taxes in the United States. It concerns the sales price minus your costs including the costs of the sale. A nice feature is that residents over 65 years of age are exempt from capital gains on their residence. If you are under age 65 and re-invest in Spanish real estate within 3 years , you won't need to pay capital gains, as long as the investment is equal to, or larger than the sales amount. Again, it is important to determine if you are a resident or non-resident, capital gains for a resident will be treated as income in the year the gain was made.

 

Inheritance and Gift Tax.

 Spain levies inheritance tax on assets and moneys received as an inheritance or gift. It is important to understand that estates of residents and non-residents are liable for inheritance tax. The tax is payable by the heirs or beneficiaries and not by the estate. Taxes must be paid within 6 months, although you may file for another 6 month extension. However, if the estate is transfered to the spouse, parent or child, a 95 % deduction may apply. The condition is that the spouse, child or parent has lived with the deceased for at least 2 years prior to his or her death.You should ask for legal advise about the tax liability and the maximum amount for this exemption. The amount of taxes due depends on the relationship with the deceased.

If you want to read more about the Spanish tax system; we have David Hampshire's book in our bookstore.

Current temperature in Madrid, Spain

 

law in Spain

 

Spain entertains a variety of taxes, most important are:

  • Income tax
  • Property tax
  • Wealth tax
  • Capital gains tax
  • Inheritance tax

By using the contents of this site you accept our user agreement. All contents are intended as study material and a general guidance. It does not substitute professional legal advise. We advise readers to contact the authorities before making any legal or tax involving decisions.

 

 

 

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