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Practical Heritage Manual 2022.

Main News

  • Declaration submission deadline:

    The deadline for submitting the self-assessments of the Wealth Tax for the year 2022, regardless of the result (to be paid or negative), is between April 11 and June 30, 2023, both inclusive.

    However, if the result of the declaration is to be deposited and its payment is domiciled into an account, the presentation cannot be made after June 27, 2023.

  • Passive subjects due to real obligation

    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.

  • Exempt goods and rights.

    The second Final Provision of Law 12/2022, of June 30, regulating the promotion of employment pension plans, which modifies the consolidated text of the Law on the Regulation of Pension Plans and Funds, approved by Royal Legislative Decree 1/2002, of November 29 ( BOE of July 1), has added, with effect from July 2, 2022, a letter f) to the article 4. Five of the Wealth Tax Law to declare exempt the rights of economic content derived from contributions to pan-European individual pension products regulated in Regulation (EU) 2019/1238 of the European Parliament and of the Council, of June 20, 2019 , relating to a pan-European individual pension product.

  • Liquidable base: reduction by exempt minimum

    With effect from January 1, 2022, the Autonomous Community of Andalusia has regulated the exempt minimum for taxpayers with disabilities, setting it at:

    1. 1,250,000 euros, if the degree of disability is equal to or greater than 33 percent and less than 65 percent.

    2. 1,500,000 euros, if the degree of disability is equal to or greater than 65 percent.

  • Autonomous scales

    The Autonomous Communities of Andalusia and Catalonia have approved new regional scales for the 2022 financial year.

  • Regional bonuses

    • The Autonomous Community of Andalusia has approved a general bonus of 100% of the reduced quota.

    • The Autonomous Community of Galicia has approved a general bonus of 25 percent of the reduced quota.

  • Wealth Tax Model

    The main novelty in the completion of the Wealth Tax declaration model is the introduction, in relation to the identification of foreign securities traded in organized markets, of a new field, called “Country Code”, with the purpose of allowing better identification of these foreign securities when they do not have an ISIN nor is the identification number of the issuing entity in the country of residence known.

Temporary Solidarity Tax of Great Fortunes:

Law 38/2022, of December 27 ( BOE of December 28), has created the Temporary Solidarity Tax of Great Fortunes, which is configured as a complementary tax to the Tax on the Estate, of a state nature, not susceptible of transfer to the Autonomous Communities, to tax with an additional fee the assets of natural persons of amounts greater than 3,000,000 euros.

Therefore, taxpayers of the Wealth Tax when their net assets exceed 3,000,000 euros will be required to file a declaration for this new tax.