The time has come to get into the
picture regarding your tax obligations. To summarise your
tax obligations we have made the following distinctions:
Individual
residents.
Individual
non-residents.
Companies.
Residents
You
are obliged put in a tax return between the 1st. Of May and
the 30th of June. You are liable for taxation on:
Earned
income received from employment, wages, pensions, etc.
Income
on invested capital (interest from bank accounts, dividends
on shares, savings etc.)
Income
on real estate (property lets, business premises, etc.)
Income
from commercial activities (all kinds of businesses)
Patrimonial
income.
A common mistake of resident
foreigners (English, Germans, etc) is to declare their pensions
in their own country. Although the situation must be reviewed
on a yearly basis, generally speaking if you reside in Spain,
then any income obtained in any country of the world must
be declared in Spain.
Non-residents
In this category, four
different distinctions can be made:
1. People
owning holiday homes for their own personal use. They are
obliged to declare the property itself and are liable for
wealth and income tax for their own use of the property.
2. People who own properties for letting
purposes only. Many non-residents in Spain own properties
and rent them out. It is a common mistake to think that the
income should be declared in your own country. According to
international agreements on double taxation relief, income
is taxable wherever it is generated, which in this case is
Spain.
3. People owning property both for letting
purposes and for their own personal use. You are liable for
your own personal use of the property (income and wealth tax
for personal use) as well as the income received from the
rent.
4. Non residents who “forget to put
in a tax return”. Among the non-residents who “forget
their tax returns” are:
Those who let the property
themselves from their country of origin to friends, acquaintances,
relatives, etc.
Those who let through
organised companies, which is to say, letting agencies that
rent the property for a commission located in Spain, that
are obviously obliged to declare all payments made by them
to the property owners.
The not so clever, who
let through Internet for substantial prices and think that
the Spanish and Canary Island Tax Authorities do not have
computerised detection systems. Above all, as this kind of
activity is very easily detected, it must be said that the
tax inspection departments of the Canary Island and Central
Government Offices are currently setting up future inspection
schemes.
Companies
All companies established in Spain (principally limited liability
“SL” companies and public limited companies SA)
are obliged to submit their yearly accounts to the Registry
of Companies and Tax Authorities. Another common mistake is
to think that if there has been no business activity, then
it does not have to put in a tax return. Even though no transactions
have taken place, the company is obliged to put in a tax return
and also to submit the yearly accounts, duly signed by all
its directors, to the Registry of Companies. It is relatively
easy to verify whether a company has fulfilled its tax obligations,
as all companies are recorded at the Tax Authorities with
their corresponding Fiscal Identification Number and also
at the Registry of Companies. Furthermore, the Registry of
Companies sends the Spanish Inland Revenue on a yearly basis,
a list of all the companies that have not fulfilled their
obligation to submit the yearly accounts. |