Determination of the taxable base for the purposes of income tax for non-residents without a permanent establishment
How to determine the taxable base for income and capital gains and taxation
Capital gains obtained by individuals
In general, capital gains derived from the transfer of a property element obtained by natural persons resident in States that have not signed an Agreement with Spain will be subject to Non-Resident Income Tax.
In relation to transfers occurring after January 1, 2015, the determination of the amount of the capital gain will be carried out as follows:
In general : The gain is determined by the difference between the transfer and acquisition values.
Transitional regime : Possible reduction of the profit, in cases of assets acquired before December 31, 1994, in accordance with the rules of the Ninth Transitional Provision of the Personal Income Tax Law . As of January 1, 2015, a limit of 400,000 euros has been established to apply this transitional regime, referring to all the transfer values corresponding to the assets transferred since January 1, 2015 to which the transitional regime. When the transfer value of all the assets to which reduction coefficients have been applied, transmitted from January 1, 2015 to the date of transmission of the assets, is greater than 400,000 euros, no reduction will be made.
The tax rate applies to the capital gain obtained according to the year of accrual, in accordance with the following chart:
|Year of return
|2016 and ss