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Practical Heritage Manual 2021.

Taxpayers by real obligation

Regulations: Art.5. One.b) Wealth Tax Law

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

  1. Natural persons who do not have their habitual residence in Spain.

    Natural persons who do not have their habitual residence in Spain and are the owners of assets or rights that are located, can be exercised or must be fulfilled in Spanish territory.

    Special features of taxation of non-resident taxpayers in Spanish territory

    Regulations: Fourth Additional Provision of the Wealth Tax Law .

    Since 1 January 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 the application of the regulations approved by the Autonomous Community where the highest value of the assets and rights they own and for which the tax is required is located, because they are located, can be exercised or must be fulfilled in Spanish territory.

    Note: If you wish to opt for the application of the regional regulations regarding the Wealth Tax, you must check box [3] of the declaration and indicate in box [8] the Code of the Autonomous Community or the City with Statute of Autonomy in which you had your habitual residence in 2021.

  2. Workers posted to Spanish territory covered by the special tax regime of article 93 of the IRPF Law

    Natural persons who have acquired their tax residency 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 the Non-Resident Income Tax, maintaining the status of taxpayers for the Personal Income Tax , during the tax period in which the change of residence takes place and the following five.

    See regarding the special tax regime for workers posted to the tax territory of article 93 of the Personal Income Tax Law Chapter 2 of the Personal Income Tax Manual.

    In this case, the taxpayer of the Wealth Tax has the right to apply the regulations approved by the Autonomous Community where he/she resides, which will be, given the tenor of the connection point established in Law 22/2009, of December 18, which regulates the financing system of the Autonomous Communities of the common regime and Cities with Statute of Autonomy and modifies certain regulations, the one corresponding to the IRPF on the date of accrual of the latter. To determine in which of the Autonomous Communities or Cities with a Statute of Autonomy the taxpayer has his/her habitual residence . See Chapter 2 of the IRPF Manual .

    Note: for taxpayers of the Wealth Tax under the special tax regime for workers posted to Spanish territory in article 93 of the Personal Income Tax Law and for those who are non-residents in Spain [and pay taxes by real obligation or by personal obligation in Spain by virtue of the option provided for in article 5.One.a) of the Wealth Tax Law ], the application of the regional regulations constitutes a right and, therefore, an option , which they may or may not exercise, although, if they exercise it, they must apply all the regulations of the tax approved by said Autonomous Community. To opt for the application of the regional regulations on the Wealth Tax, these taxpayers must mark an X in box [12] or box [3 ], as appropriate, of the declaration.

Assets and rights that must be declared

In both cases, the declaration will refer exclusively to the assets or rights of which they are the owners, provided that they are located, can be exercised or must be fulfilled in Spanish territory, with the deduction of charges and liens of a real nature that affect said assets or rights, as well as debts for capital invested in them. 

Note: Taxpayers, whether by personal obligation or by real obligation, are only required to file the Wealth Tax return for 2021 if their tax quota, determined in accordance with the regulations governing the Tax and once the applicable deductions or bonuses have been applied, is payable, or when, this circumstance not occurring, the value of their assets or rights, determined in accordance with the regulations governing the tax, is greater than 2,000,000 euros.