Taxation of urban buildings owned by non-resident individuals

If you have the condition of non-resident in Spain and are the owner of an urban property located in this country, you will be subject to Non-Residents' Income Tax and to a local Property Tax.

In addition, Capital Gains Tax has been temporarily re-established for the tax years 2011, 2012, 2013, 2014 and 2015.

• Representative

  Except in the cases of residents in countries or territories with which there is no effective exchange of tax information, there is no obligation to appoint a representative before the Tax Administration. However, a representative can be designated voluntarily if so desired, notifying the appointment to the Delegation or Administration of the Tax Agency corresponding to the location of the property.

• Personal Tax ID number (NIF)

  In Spain every person has a Tax Code (NIF) which must be stated on tax returns and in communications addressed to the Tax Administration.

  As a general rule, the Tax Code of persons of Spanish nationality will be their DNI (Spanish National ID), and for non-Spanish nationals it will be the NIE (Foreigner's Identity Number). These identifications are processed with the Directorate-General of the Police. However, foreigners who do not have a NIE, either temporarily when obliged to have it or definitively in not being obliged to have it, must request the issuance of a an ID number from the Tax Administration when they are going to carry out operations of a taxable nature or significance.

The income to be declared will be the amount resulting from applying the following percentages to the rateable value of the property, which is stated in the Property Tax (IBI) bill:

Accruals until 2014

• In general, 2%.
• In the case of properties with rateable values reviewed or modified from 1 January 1994, 1.1%.

Accruals from 2015

• In general, 2%.
• In the case of properties whose taxable value has been reviewed or modified and this has become applicable within the tax period or the ten previous tax periods, 1.1%.

This income is understood to accrue once a year, on 31 December.

The proportional part of the said amount will be declared if the owner of the property has not been the owner all the year or if the property has been leased for a period of time.

The income to be declared will be the whole amount received from the lessee, without deducting any expenses.

However, in the case of taxpayers resident in another European Union member state and, from 1 January 2015, also in Iceland and Norway, they may deduct the expenses provided for in the Personal Income Tax Act for the determination of the gross tax base, provided that it is certified that such expenses are directly related to the incomes obtained in Spain and have a direct and indissociable link with the activity performed in Spain.

This income is understood to accrue when it is requirable by the lessor or on the collection date, if earlier.

Tax rate:

The obtainment of a capital gain as a result of the sale of a property constitutes an income subject to taxation. This income is understood to accrue when the capital change occurs.

In general, the gain will be determined as the difference between the transfer and acquisition values.

Gains accruing from 1 January 2015

The acquisition value will be formed by the actual amount for which the transferred property was acquired, to which will be added the amount of any expenses and taxes inherent to the acquisition, excluding interest, paid by the transferor.

If the property that is now transmitted had been leased, the value thus determined must be reduced in the amount of the repayments corresponding to the lease period.
The transfer value es el importe real por el que la enajenación se ha efectuado, minorado en el importe de los gastos y tributos inherentes a la transmisión que hayan sido por cuenta del vendedor.

Gains accruing until 31 December 2014

The acquisition value will be formed by the actual amount for which the transferred property was acquired, to which will be added the amount of any expenses and taxes inherent to the acquisition, excluding interest, paid by the transferor. According to the year of acquisition, this value will be corrected by applying review coefficients which are established annually in the General State Budget Act.

For properties transferred in 2014, the coefficients are the following:

However, when the investments were made on 31 December 1994, the coefficient 1.4050 will apply.

The application of a different coefficient from unity will require that the investment have been made more than a year in advance of the date of the transfer of the real estate property.

If the property that is now transmitted had been leased, the value thus determined must be reduced in the amount of the repayments corresponding to the lease period. These repayments are also updated according to the year to which they correspond.
The transfer value will be the actual amount for which the transfer has been made, reduced by the amount of any expenses and taxes inherent to the transfer paid by the seller.

The difference between the transfer value and the acquisition value thus determined will be the gain which is subject to taxation.

However, if the property is transferred by an individual who acquired it before 31 December 1994, the gain previously determined may be reduced by the application of a transitional regime.

If the transferor has acquired the property on two different dates, or the property has been the object of improvements, the calculations must be made as if they were two gains.

Partial exemption:

Capital gains deriving from the sale of urban properties located in Spanish territory acquired from 12 May 2012 until 31 December 2012 have a 50% exemption.

This partial exemption is not applicable:

• In the case of individuals, when the property has been acquired from or transferred to the spouse or any person related to the taxpayer by straight-line or collateral kinship, consanguinity or affinity until the second degree, inclusive, or from or to a company associated with the taxpayer or with any of the aforementioned persons through any circumstances established in Article 42 of the Commercial Code, regardless of the residence and the obligation to prepare consolidated annual accounts.
• In the case of companies, when the property has been acquired from or transferred to a person or company associated through any of the circumstances established in Article 42 of the Commercial Code, regardless of the residence and the obligation to prepare consolidated annual accounts, or from or to the spouse of such person or from or to any person related to him/her by straight-line or collateral kinship, consanguinity or affinity until the second degree, inclusive.

Exemption for reinvestment in habitual residence by taxpayers of the EU, Iceland and Norway (applicable to gains accrued from 1 January 2015):

In the case of taxpayers resident in a member state of the European Union or the European Economic Space with effective exchange of tax information, the capital gains obtained by the transfer of what has been their habitual residence in Spain may be excluded from taxation, provided that the total amount obtained through the transfer is reinvested in the purchase of a new habitual residence. When the reinvested amount is lower than the total of the amount received in the transfer, only the proportional part of the capital gain obtained corresponding to the reinvested amount will be excluded from taxation.

When the reinvestment has occurred before the date on which the form 210 is to be submitted, the reinvestment, total or partial, may be taken into account to determine the corresponding tax liability. When it occurs later, an application must be submitted on the form which is approved according to this purpose, within three months following the purchase date of the habitual residence, enclosing with the application the documentation certifying that the transfer of the habitual residence in Spanish territory and the later acquisition of the new habitual residence have actually taken place.

Tax rate

The person acquiring the property, resident or otherwise, is obliged to withhold and deposit with the Treasury 3% of the agreed price. This withholding has for the seller the nature of payment on account of the corresponding tax for the income deriving from this transfer. Therefore, the purchaser will deliver to the non-resident seller a copy of the form 211 (with which he/she has made the withholding), so that the latter can deduct this amount from the amount to be paid resulting from the declaration of the gain. If the withheld amount is greater than the amount payable, the refund of the surplus can be obtained.

If the withholding is not deposited, the property will be subject to the payment of the smaller amount of the withholding or deposit to the pertinent account and the corresponding tax.

This is a local tax, that is, levied by the Municipal Councils, which must be paid by owners of real estate property.

All the real estate properties of every municipality are included in a census and have an assigned value (rateable value). The amount to be paid is obtained by applying the tax rate established by the Municipal Council to the rateable value.

A bill for the payment of the Tax is issued every year for every property included in the census. Usually the Municipal Councils establish the possibility of direct-billing the payment in a bank account, which ensure that this is done within the established payment period and surcharges are avoided.

The period for making the payment varies in every municipality, although it is usually around the months of September, October and November of each year.