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2021 Wealth Tax practical guide.

Taxable persons by real obligation

Regulations: Art.5. Uno.b) Wealth Tax Act

They are taxable persons of the Wealth Tax for real obligation:

  1. Individuals who do not have their usual residence in Spain.

    Individuals who do not have their habitual residence in Spain and who are holders of goods or rights that are located, can be exercised or must be fulfilled in Spanish territory.

    Tax specialities of non-resident taxpayers in Spanish territory

    Regulations: provision of the fourth Additional Wealth Tax Act.

    Since 1 January 2021, all non-resident taxpayers (and not only those who are residents in a Member State of the Union) European or European Economic Area) have the right to apply the own regulations approved by the Autonomous Community where they provide the highest value of the goods and rights that are holders and for which the tax is required, 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 autonomous community regulations on Wealth Tax, you must tick the box [3] of the Declaration and indicate in box [8] the Code of the Autonomous Community or of the City with the Statute of Autonomy in which it had its usual residence in 2021.

  2. Workers posted to Spanish territory under the special tax regime of article 93 of the Personal Income Tax Act

    Individuals who have acquired their tax residence in Spain as a result of their travel to Spanish territory for work reasons and who , pursuant to the provisions of article 93 of the Personal Income Tax Act, have chosen to pay tax on income from non-residents, maintaining the status of taxpayers for Personal Income Tax, during the tax period in which the change of residence takes place and the following five.

    See chapter 93 of the Personal Income Tax Manual for workers posted abroad in tax territory under article 2 of the Personal Income Tax Act.

    In this case, the taxpayer of the Wealth Tax has the right to apply the own regulations approved by the Autonomous Community where has its residence, which will be, given the meaning of the point of connection established in Act 22/2009 of 18 December, by the that the system of financing of Autonomous Communities with a common regime and Cities with a Statute of Autonomy is regulated and certain rules are modified, which corresponds to Personal Income Tax on the date of accrual. To determine which Autonomous Communities or Cities with a Statute of Autonomy have their habitual residence the taxpayer. See Chapter 2 of the Personal Income Tax Manual.

    Note: For taxpayers of Wealth Tax under the special tax regime for workers posted to Spanish territory under article 93 of the Personal Income Tax Act and for those who are non-residents in Spain [and are taxed for real obligation or for personal obligation in Spain, by virtue of the option provided for in article 5.Uno.a) of the Wealth Tax Act], the application of the autonomous community regulations constitute a right and, therefore, an option , which may or may not exercise, although in the event of exercising it must apply all the tax regulations approved by that Autonomous Community. To opt for the application of autonomous regulations on Wealth Tax, these taxpayers must enter an X in the box [12] or box [3 ], as applicable, of the tax return.

Assets and rights to be declared

In both cases, the declaration shall relate exclusively to the goods or rights that are holders, provided that they are located, they may exercising or having to be carried out in Spanish territory with a deduction of the real charges and encumbrances that affect these assets or rights, as well as the debts for capital invested in them. 

Note: Taxpayers, whether due to personal obligation or real obligation, are only obliged to file the tax return for the capital corresponding to 2021 if your tax payment, determined in accordance with the tax regulations and once the applicable deductions or bonuses have been applied they are, are the result of depositing, or when, in the absence of this circumstance, the value of their assets or rights, determined in accordance with the tax regulations, is greater than 2,000,000 euros.