Withholdings in income tax for non-residents without a permanent establishment
Withholdings applicable to non-residents and tax return forms for withholding agents
Capital gains on the transfer of units of a Unit Trust Institution
Capital gains derived from the transfer, by a non-resident without a permanent establishment, of shares in the assets of a Collective Investment Institution are subject to withholding. Withholding is carried out, unless the right to exemption is proven by application of Spanish internal regulations, or a double taxation agreement or when it is proven that the tax has been paid.
When the holder of the shares is a natural person without a permanent establishment, and the acquisition was made before 31-12-1994, the capital gain obtained may be subject to a reduction calculated in accordance with the transitional regime provided for in the Ninth Transitional Provision of the Personal Income Tax Law.
The type of withholding to be applied will be the tax rate in force in the year in which the income was accrued (see table).
| Year of return | 2015 | 2016 and ff | |
|---|---|---|---|
| Tax rate | Until 11-07-2015: 20% |
From 12-07-2015: 19.50% |
19% |
The withholding agent must submit a form 117 declaration-settlement and a form 187 annual information declaration.