3.1. Taxpayers
Out of personal obligation
Natural persons who have their habitual residence in Spanish territory are subject to the Tax as a personal obligation, and the tax is required for their entire net assets regardless of the place where the assets are located or the rights of which they are the owners can be exercised.
When a resident in Spanish territory becomes resident in another country, he or she may choose to continue paying personal tax in Spain. The option must be exercised by filing the declaration for personal obligation in the first financial year when the person has ceased to be a resident on Spanish territory.
To determine habitual residence, the criteria established in the Personal Income Tax regulations will be followed.
The representatives and officials of the Spanish State abroad and of foreign Organizations, Institutions or States in Spain will be subject to the Wealth Tax by personal or real obligation taking into account the same circumstances and conditions as those established for such taxable subjects in the rules of the IRPF.
By royal obligation
Natural persons who do not have their habitual residence in Spain and are owners of assets or rights that are located, can be exercised or must be fulfilled in Spanish territory are subject to a real obligation.
These people are required to submit a declaration exclusively for these assets or rights.
Natural persons who acquire tax residence in Spain as a result of their move to Spanish territory for work reasons and who, under the provisions of article 93 of the Personal Income Tax Law, have chosen to pay tax on the Income Tax of non-residents, maintaining their status as IRPF taxpayers during the tax period in which the change of residence is made and the following five.
Since January 1, 2021, all non-resident taxpayers (and not only those who are residents of a Member State of the European Union or the European Economic Area) have the right to apply their own regulations approved by the Autonomous Community where they reside. the greater value of the assets and rights of which they are owners and for which the tax is required, because they are located, can be exercised or must be fulfilled in Spanish territory.
.