New Spanish tax laws affecting thousands of British expats have reportedly prompted them to start leaving the country.
However, they have been warned to seek expert advice before taking such a drastic step, as it may be possible to avoid the penalties they fear. The Spanish government recently introduced reporting requirements meaning that anyone who lives in Spain for more than six months (183 days) per tax year and has overseas assets worth more than €50,000 - including bank accounts, property and investments - must declare them. Failures or delays in doing so will result in hefty fines and penalties. The Foreign Office estimates that 800,000 British nationals live all or part of the year in Spain. Residency is difficult to measure, but estimates vary from 250,000 to 400,000.
A partner at the accountancy firm Menzies, said in March: “My understanding is that clients are considering or are leaving Spain as a result of the introduction of the new rules.It does appear to be concerning people, and it does appear to be driving people out of the country.”
“We are strongly telling our clients that they should declare. The penalties are quite prohibitive, and you could end up paying more tax than your asset’s worth.”
The minimum penalty for failing to declare an asset is €10,000, as well as income tax on undeclared income, late-payment interest and penalties as high as 150pc of the total tax due on the asset.
For example, a Spanish resident with €300,000 (£260,000) in an undeclared overseas account would incur the minimum penalty of €10,000 (£8,640), and see the amount taxed at the top interest rate of 52pc. But they would also be fined 150pc of the tax owed and 4pc annual interest going back four years, meaning they would owe the Spanish taxman €424,960 (£368,000), according to figures from Blevins Franks.
Unpaid tax as a result of undeclared overseas assets worth more than €120,000 (£104,000) could also be considered a criminal offence of tax fraud.
The authorities are looking for people who not only own the asset but are the beneficiary or authorised signatory. The law also requires the average balances of bank accounts in the last three months of the year, and the acquisition value of properties.
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