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Non-Resident Taxation Guide (February 2023)

Obligation to declare by withholding taxpayers

Regulations:Article 31.5 Non-Resident Income Tax Law)Article 15 Regulation IRNR;Articles 2, 8 and Sole Additional Provision Order EHA/3290/2008, of 6 November, approving forms 216 and 296.

In general, withholders must file a tax return and make the corresponding deposit, if applicable, using form 216.

In cases excepted from the obligation to withhold, the withholder, with exceptions, will be obliged to file a negative tax return using form 216.

They are also obliged to submit an annual summary, form 296.

However, withholdings corresponding to income derived from transfers and redemptions of shares or units representing the capital or equity of collective investment institutions (e.g. investment funds) will be paid using form 117, and will be included in the annual information return 187.

Meanwhile, the Bank of Spain and registered organisations to which the regulations on financial transactions with foreign countries refer, which have non-resident accounts open in Spain, must file form 291 “Informational tax return for non-resident accounts”, in order to provide the Tax Agency with the relevant information.