Passive subjects due to personal obligation

Regulations: Art. 5 Wealth Tax Law

The following are subject to the Wealth Tax by personal obligation:

1. Natural persons who have their habitual residence in Spanish territory .

   However, when a resident in Spanish territory takes up residence in another country, he or she may choose to continue paying personal taxes in Spain. This option must be exercised by submitting the declaration due to personal obligation in the first year in which the person ceased to be a resident in Spanish territory.

2. Natural persons of Spanish nationality with habitual residence abroad who are taxpayers of IRPF .

   They are natural persons of Spanish nationality, as well as their legally non-separated spouse and minor children, who have their habitual residence abroad due to their status as:

   1. Members of Spanish diplomatic missions, either as Head of Mission or as members of the diplomatic, administrative, technical or service staff of the mission.

   2. Members of the Spanish Consular Offices, either as Head of the same or as civil servants or service personnel assigned to them, with the exception of Honorary Vice Consuls or Honorary Consular Agents and the personnel dependent on them.

   3. Holders of official positions or employment in the Spanish State as members of permanent Delegations and Representations accredited to International Organizations or who form part of Delegations or Observer Missions abroad.

   4. Active civil servants holding official posts or employment abroad which is not diplomatic or consular.

However, the persons previously listed will not be subject to the Tax by personal obligation when, not being active public officials or holders of an official position or employment, they already had their habitual residence abroad prior to acquiring any of the conditions listed in letters a) to d) above.

In the case of spouses who are not legally separated and minor children, they will not be subject to the Tax by personal obligation if they already had their habitual residence abroad prior to the acquisition by the spouse, father or mother of any of the conditions listed in letters a) to d) above.

Assets and rights that must be declared

In general, these taxpayers must declare all the assets and rights of economic content that they own as of December 31, regardless of where the assets are located or where the rights can be exercised, deducting any real charges and liens that reduce the value of the respective assets and rights, as well as any personal debts and obligations for which the declarant must respond.