The convenience of the new European Will – Until the entry into force of the Regulation 650/2012, the law ruling cross-border successions was the one contained in the article 9.8 of the Spanish Civil Code.
This article records a personal conception on succession rights, being applicable the national law of the deceased which, at some points like inheritance of real properties, entered into a positive conflict with the law of the State in which the real estate is located. According to this, an English national who owns a property in Spain and deceases in Spain would have his property applied the Spanish succession law, whilst the English succession law would be applied to the rest of his assets.
corralalcarazThe convenience of the new European Will
DO YOU OWN PROPERTY IN SPAIN AND HAVE RECEIVED THE LETTER FROM THE TAX OFFICE?
The Tax Office has sent a massive campaign to alert foreign property owners in Spain. You are very likely to have received this letter if you own a holiday home in Spain.
They question your fiscal status and ask you to report and prove either way you are non resident or fiscal resident in Spain in the years 2010 and/or 2011. You will have different liabilities depending on your fiscal status weather you are fiscal resident or non resident in Spain.
corralalcarazDO YOU OWN PROPERTY IN SPAIN AND HAVE RECEIVED THE LETTER FROM THE TAX OFFICE?
CAPITAL GAINS TAX ON THE SALE OF PROPERTIES ACQUIRED BEFORE 31ST DECEMBER 1994
One of the key measures introduced by the new tax law of 28th November, Law 28/2014, which is effective from this year 2015 is the abolishment of the coefficient which reduces capital gains tax when selling estate property based on how long the property has been owned. This could allow us to increase the purchase value of our property and consequently reduce our tax bill when selling, for those properties acquired before 31st December 1994.
corralalcarazCAPITAL GAINS TAX ON THE SALE OF PROPERTIES
The new tax law which is effective from 2015 was published in the Official Spanish Gazette (BOE) on 28th November, Law 28/2014. This law contains the latest changes affecting non residents taxation.
Non Residents who own property in Spain need to complete and submit a Non Resident Tax income form.
For owners not obtaining a rental income, the tax rate has been reduced from 24.75% to 20% for people living in the EU zone, Iceland and Norway. (24% for non EU members). This tax rate will be further reduced to 19% in 2016.
corralalcarazLATEST CHANGES IN NON RESIDENT TAX 2015
The tax form 720 must be completed, the same as last year, by all tax residents in Spain with a deadline of 31st March 2015, reporting assets held as of the 31.12.2014 with a value of more than 50,000 Euros.
Accounts in foreign banks: Balance at 31st December 2014 and average balance in the last quarter.
Properties and property rights owned in any other country.
Shares, rights, life insurances and incomes deposited, handled or obtained abroad.
Tax evaders will incur a penalty of 5K for every asset not declared after the deadline with a minimum penalty of 10,000. In addition, non-declared assets might be considered by the Tax Office as capital gains and could incur an additional penalty up to 150% over the total taxable amount.
For more information please feel free to contact Corral&Alcaraz Law Firm. Please seek expert advice as it is not worth the risk.
The new treaty signed between the Kingdom of Spain and The United Kingdom of Great Britain and Northern Ireland, published in the Official Gazette (BOE) on 15th May 2014, is also a key issue for expats. This replaces the old 1976 Double Tax Agreement.
The new treaty is especially relevant to expat pensioners who are in receipt of civil service pensions from public sector occupations i.e. civil servants, military personnel, fire service, police service and local authority employees who were previously exempt from Spanish tax.
6 MONTHS GRACE PERIOD FOR SPANISH FISCAL RESIDENTS TO DECLARE THEIR FOREIGN PENSIONS IN SPAIN STARTS ON 1st JANUARY
It has now been published in the Official Spanish Gazette (BOE) on 28th November, Law 28/2014, that Spanish fiscal residents will be given a 6 months grace period to update their fiscal situation to declare pensions received from their own countries.
This act comes into force, effectively from 1st January 2015, and follows the new draft for Spanish Income Tax and Non Resident Tax Law, approved on 1st August 2014.
corralalcarazSPANISH FISCAL RESIDENTS TO DECLARE THEIR FOREIGN PENSIONS IN SPAIN
Spanish fiscal residents will have to upgrade their fiscal situation, declaring pensions received from their countries.
The Spanish Tax Office has announced to open a 6 months period starting January 2015, allowing them to regularize their situation according to new draft for Spanish Income Tax and Non Resident Tax Law, just approved last 1st August.
corralalcarazGRACE TAX PERIOD TO SPANISH FISCAL RESIDENTS
Spanish fiscal Residents and Non Residents selling property are liable to pay capital gain tax.
The capital gain or loss on property sale is calculated by the difference between your selling price and your purchasing cost, as stated on your purchase deed.
The current Spanish Tax Law allows us to increase the purchase price, by adding up all the costs related to the purchase, such as solicitor fees, notary fees, land registry fees, alterations made to the property and taxes paid on purchase.
corralalcarazCAPITAL GAIN TAX. CHANGES ON TAXATION FOR SPANISH FISCAL RESIDENTS AND NON RESIDENTS
It is a normal practice to make building extensions on your property, or major building works, such as a swimming pool or a garage, where planning permission required, although it isn’t unusual to be made illegally without planning permission, which can result in them having to be demolished or the owner incurring huge fines.
corralalcarazTHE IMPORTANCE OF KEEPING YOUR TITLE DEEDS UP TO DATE