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
As a general rule, capital gains derived from the transfer of an asset obtained by individuals resident in States that have not signed an Agreement with Spain will be subject to Non-Resident Income Tax.
In relation to transfers made after 1 January 2015, the determination of the amount of the capital gain will be carried out as follows:
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In general : The gain is determined by the difference between the transfer and acquisition values.
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Transitional regime : Possible reduction of profit, in the case of assets acquired before December 31 1994, in accordance with the rules of the Ninth Transitional Provision of the Income Tax Law. As of 1 January 2015, a limit of 400,000 euros has been established for applying this transitional regime, referring to the set of transfer values corresponding to the assets transferred since 1 January 2015 to which the transitional regime has been applied. When the transfer value of all assets to which reduction coefficients have been applied, transferred from 1 January 2015 until the date of transfer of the asset, exceeds 400,000 euros, no reduction will be applied.
The tax rate applies to the capital gain obtained according to the year of accrual, in accordance with the following chart:
| Year of return | 2015 | 2016 and ff | |
|---|---|---|---|
| Tax rate | Until 11-07-2015: 20% |
From 12-07-2015: 19.50% |
19% |