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Practical Heritage Manual 2022.

Main News

  • Deadline for filing returns:

    The deadline for filing self-assessments of the Wealth Tax for the year 2022, whatever 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 paid and its payment is domiciled into an account, the presentation cannot be made after June 27, 2023.

  • Taxpayers by 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 article 5 of the Wealth Tax Law, to consider as located in Spanish territory the securities representing participation in equity of any type of entity, not traded on organized markets, whose assets are constituted of at least 50 percent, directly or indirectly, by real estate located in Spanish territory.

    The aim is to subject non-resident individuals who hold shares in non-resident entities with underlying real estate assets located in Spain to the Wealth Tax by real obligation, thereby correcting an unjustified discrimination with respect to residents, since non-residents, by the fact of interposing a non-resident legal entity, evaded the taxation of said tax.

  • Exempt assets 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 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.

  • Taxable 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% and less than 65%.

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

  • 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 rate.

    • The Autonomous Community of Galicia has approved a general bonus of 25% of the reduced rate.

  • Wealth Tax Model

    The main new feature in the completion of the Wealth Tax declaration form is the introduction, in relation to the identification of foreign securities traded on organised markets, of a new field, called “Country Code”, with the aim of allowing a 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 on Large Fortunes:

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

Therefore, taxpayers of the Wealth Tax whose net worth exceeds 3,000,000 euros will be required to file a tax return for this new tax.