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2018 Wealth Tax

3.1. Taxable persons of the tax


The personal obligation tax is subject to the tax by individuals who have their habitual residence in Spanish territory, requiring the tax for all their net assets regardless of where the goods are located or the rights of which they are holders are held.

When a resident in Spain becomes a resident of another country, he or she may opt to continue paying taxes for personal obligations 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.

The primary residence will be determined according to the criteria established in the Personal Income Tax rules.

Representatives and officials of the Spanish State abroad and of foreign bodies, institutions or states in Spain will be subject to Wealth Tax for personal or real obligation, in accordance with the same circumstances and conditions as those established for such taxpayers in the Personal Income Tax rules.


Natural persons who do not have their habitual residence in Spain and who are holders of property or rights that are located, can be exercised or must be fulfilled in Spanish territory are subject to real obligation.

These persons are obliged to file a tax return exclusively for these goods or rights.

Natural persons who acquire their tax residence in Spain as a result of their travel to Spanish territory and who opt to pay tax on Non-Residents'Income Tax, provided that the following conditions are met:

  • Who have not been resident in Spain for the 10 years prior to their new journey to Spanish territory.
  • The trip to Spanish territory is due to a work contract.
  • That the work is carried out in Spain.
  • Such work is carried out for a company or entity resident in Spain or for a permanent establishment in Spain of a non-resident entity in Spain.
  • That the earned income derived from this employment relationship is not exempt from taxation for Non-Residents'Income Tax.

Since 1 January 2015, non-resident taxpayers residing in a Member State of the European Union or the European Economic Area they will have the right to apply the approved own regulations of the Autonomous Community where they provide the highest value of the assets and rights that they are holders and for which reason the tax is required, because they are located, can be exercised or must be complied with in Spanish territory.