Passive subjects due to real obligation
Regulations: Art. 5. One.b) Wealth Tax Law
The following are taxpayers of the Wealth Tax by real obligation:
Natural persons who do not have their habitual residence in Spain.
Natural persons who do not have their habitual residence in Spain and are owners of assets or rights that are located, can be exercised or must be fulfilled in Spanish territory.
Specialties of taxation of non-resident taxpayers in Spanish territory
Regulations: Additional Provision Four Wealth Tax Law
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 their own regulations approved by the Autonomous Community where the greatest value of the assets and rights of which they 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 regional regulations on Wealth Tax, you must mark box  of the declaration and indicate in box  the Code of the Autonomous Community or the City with Statute of Autonomy in which you had your habitual residence in 2022.
Workers posted to Spanish territory covered by the special tax regime of article 93 of the Personal Income Tax Law
These are those natural persons who have acquired their tax residence in Spain as a consequence of their movement to Spanish territory for work reasons and who, under the protection of as provided for in article 93 of the Personal Income Tax Law , have chosen to pay non-resident Income Tax, maintaining the status of taxpayers for Personal Income Tax , during the tax period in which the change of residence is made and the following five.
For these taxpayers, article 93.1.c) of the Personal Income Tax Law expressly provides that they are subject to real obligation to the Wealth Tax.
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 Practical Income Manual.
In this case, the taxpayer of the Wealth Tax has the right to the application of the regulations approved by the Autonomous Community where he has his residence, which will be, given the tenor of the connection point established in Law 22/2009, of 18 December, which regulates the financing system of the Autonomous Communities of the common regime and Cities with Statute of Autonomy and modifies certain regulations, which corresponds to Personal Income Tax to date to accrue that. To determine in which of the Autonomous Communities or Cities with Statute of Autonomy the taxpayer has his habitual residence see Chapter 2 of the Practical Income Manual.
Note: for taxpayers of the Wealth Tax under the special tax regime of article 93 of the Personal Income Tax Law and for those who are non-residents in Spain [and pay taxes under real obligation], the application of regional regulations constitutes a right and, therefore, an option , which they may exercise or not, although, if exercised, They must apply all the Tax regulations approved by said Autonomous Community. To opt for the application of the regional regulations regarding Wealth Tax, these taxpayers must enter an X in box  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 owners, provided that they are located, can be exercised or must be fulfilled in Spanish territory with deduction of the charges and encumbrances of a real nature that affect said assets. or rights, as well as debts for capital invested in them.
For these purposes, the securities representing the participation in the own funds of any type of entity, not traded on organized markets, whose assets are constituted in at least 50%, directly or indirectly, by real estate located in Spanish territory.
To calculate the assets, the net book values of all the assets accounted for will be replaced by their respective market values determined on the date of accrual of the Tax.
In the case of real estate, the net book values will be replaced by the values that must operate as the tax base of the Tax in each case, in accordance with the rules established in article 10 of the Wealth Tax Law .
In this case, the Tax will be required exclusively for these assets or rights of the taxable person, taking into account that only the charges and encumbrances that affect these assets and rights that reside in Spanish territory or can be exercised or must be fulfilled therein will be deductible. , as well as debts for capital invested in the indicated assets.
New 2022: The third Final Provision of Law 38/2022, of December 27 ( BOE of December 28) has modified, with effect from December 29, 2022, section one of the article 5 of the Wealth Tax Law, to consider as located in Spanish territory the securities representative of the participation in own funds of any type of entity, not traded on organized markets, whose assets constitute at least 50 percent, of directly or indirectly, for real estate located in Spanish territory.
This is intended to subject non-resident natural persons holding shareholdings in non-resident entities with underlying real estate assets located in Spain to the Wealth Tax by real obligation, thus correcting unjustified discrimination with respect to the resident, since the non-resident, By filing a non-resident legal entity, the tax was evaded.
Remember: Taxpayers, whether due to personal obligation or real obligation, are only required to submit the declaration for the Wealth Tax corresponding to 2022 if their tax quota, determined in accordance with the tax regulations and once the deductions or bonuses that may be applicable, or when, if this circumstance does not occur, the value of your assets or rights, determined in accordance with the tax regulations, is greater than 2,000,000 euros.