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Practical Heritage Manual 2023.

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 Law of IRPFABBR

    These are individuals who have acquired their tax residence in Spain. as a consequence of his travel to Spanish territory for work reasons and that, under the provisions of article 93 of the Law of IRPFABBR, have opted to pay tax under the Non-Resident Income Tax, while maintaining their status as taxpayers under the IRPFABBR, during the tax period in which the change of residence takes place and the following five.

    Important: From 1 January 2023 the special tax regime provided for in article 93 of the Law of IRPFABBR For workers transferred to Spanish territory, it has been modified to accommodate new groups (remote workers, entrepreneurs and qualified professionals) and to extend the possibility of its application to the members of the family unit of such taxpayers such as spouse, children with disabilities or minors and the parent of these, in the event of no marital link. 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 Law of IRPFABBR It expressly stipulates that they are subject to the Wealth Tax by real obligation.

    See regarding the special tax regime for posted workersto the tax territory of article 93 of the Law of IRPFABBR Chapter 2 of the Practical Income Tax Manual.

    In this case, the taxpayer subject to the Wealth Tax is entitled to the application of the regulations approved by the Autonomous Community where they reside, which, given the nature of the connecting factor established in Law 22/2009, of December 18, which regulates the financing system of the Autonomous Communities under the common regime and Cities with Statutes of Autonomy and modifies certain regulations, will be the one that corresponds to the IRPFABBR on the date that accrues. 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 subject to the Wealth Tax under the special tax regime of Article 93 of the Law IRPFABBR and for those who are non-residents in Spain [and pay taxes based on real obligation], The application of regional regulations constitutes a right and, therefore, an optionwhich 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.