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

   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 2023.

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

   These are individuals who have acquired 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 Non-Resident Income Tax, maintaining their status as taxpayers under the Personal Income Tax , during the tax period in which the change of residence takes place and the following five periods.

   Important: Since January 1, 2023, the special tax regime provided for in article 93 of the Income Tax Law for posted to Spanish territory has been modified to accommodate new groups (remote workers, entrepreneurs and qualified professionals) and extend the possibility of its application to members of the family nucleus of such taxpayers, such as spouses, children with disabilities or minors, and their parents, in the event that there is no marital bond. As a consequence of the above, if any of them opts to pay the Non-Resident Income Tax, they will be subject to the Wealth Tax by real obligation, and will therefore only pay taxes on the assets and rights located, which could be exercised or must be fulfilled, in Spanish territory.
   

   For these taxpayers, article 93.1.c) of the Personal Income Tax Law expressly provides that they are subject to the Wealth Tax by real obligation.

   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 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 former. To determine in which of the Autonomous Communities or Cities with Statute of Autonomy the taxpayer has his/her habitual residence see Chapter 2 of the Practical Income Manual.

   Note: For taxpayers of the Wealth Tax who are subject to the special tax regime of article 93 of the Income Tax and for those who are non residents in Spain [and pay by real obligation], the application of the autonomous regulations constitutes a right and, therefore, an option which they may exercise or not, although, if they do 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. 

For these purposes, securities representing participation in the equity of any type of entity, not traded on organised markets, whose assets consist of at least 50%, directly or indirectly, of real estate located in Spanish territory, shall be considered to be located in Spanish territory.

To calculate the assets, the net book values of all the assets recorded 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 accounting 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 taxpayer, taking into account that only the charges and liens that affect these assets and rights that are located in Spanish territory or can be exercised or must be fulfilled in the same, as well as the debts for capital invested in the indicated assets, will be deductible.

Remember: Taxpayers, whether by personal obligation or by real obligation, are only required to file the Wealth Tax return for 2023 if their tax quota, determined in accordance with the rules governing the tax and once any applicable deductions or bonuses have been applied, is payable, or when, if this circumstance does not occur, the value of their assets or rights, determined in accordance with the rules governing the tax, is greater than €2,000,000.