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Wealth Tax Suppressed – From Next Year
The Government has decided to abolish the Wealth Tax, but it will not happen before next year. Therefore, this year the fiscal representatives of non-resident owners will have to present the declaration form No. 214 and pay the tax.
Measures to combat crisis
In the last cabinet meeting, the Government decided on a number of measures to combat the crisis. In addition to the abolition of the Wealth Tax, the most important ones were:
- A reduction of 400 Euro in the Income Tax this year for employed, self-employed and “pensionistas”. There will be a reduction of 200 Euro in the tax retention for June. The balance of 200 € will be spread over the remaining months of the year.
- All families who want to extend the period of their mortgage, will be able to do so without any additional costs.
- For renovation of buildings, the VAT will be repaid.
- A conference will be called to analyze the steps necessary to increase the number of protected dwellings (Viviendas de Proteccion Oficial).
Adios “Patrimonio”!
30 years ago the Government introduced the unpopular “Impuesto de Patrimonio” – the Spanish version of a Wealth Tax. It was an ‘extraordinary tax’ not supposed to be permanent. However, the great need of the changing governments for greater income made the tax a fixture in the budgets. During the past years the income from this tax has been used to finance the deficits of Regional Governments and thus the Minister of Finance will have to compensate them for their loss of income.
Most foreign residents, depending on their level of income and value of property, did not have to pay “Patrimonio” but for the non-resident property owners there was no escape from the form 214 (the combined declaration form for Income and Wealth).
As our readers will know, the non-residents had to appoint a fiscal representative if they did not want to have communications from the fiscal authorities sent to the address of their property in Spain. It has been the fiscal representatives who have collected the tax money due (normally at the beginning of each year) and who have then sent it to the tax man, together with the 214-declaration (normally in the end of the year).
The “income” of the non-residents to be declared on the 214 has in most cases been an imagined income from letting, based on the fiscal value. The “wealth” has been a vacation property used for sporadic visits. By combining the two taxes and introducing some years ago the figure of the “fiscal representative”, the Hacienda tried to make sure none of the non-residents escaped the taxes.
From next year
In the law-decree number 2-2008 which the Government introduced on Friday last week and which was published in the Boletin Oficial of 21st of this month, the Wealth Tax has finally been withdrawn, but only from next year. This was an election promise of the PSOE 4 years ago. This means non-residents will have to accept, for this year also, their fiscal representative will collect the tax money and their fees, for the simple declaration (often the fees have been higher than the taxes).
Since the fiscal representatives in most cases do their job based on an agreement that must be cancelled at the end of the preceding year and also that they have a right to present the total sum due (the two taxes and their fees) to the bank of the taxpayer, we would recommend the following:
- In good time before the end of this year (see the actual time limits in contract) send a letter of cancellation to the fiscal representative (in the form as described in the contract).
- Present a letter to the bank instructing them that no amounts are to be paid next year based on this contract. Ensure the bank sign a copy that they have received it.
It is to be expected that some new Rules will come from the Hacienda regarding the Income Tax declaration for non-residents and there will be a new form to replace the 214. If and when it comes, we shall inform our members.
No tax gifts for retired residents
The tax reductions that the Government introduced in the same Law 2-2008, will NOT be applicable to most foreign residents, receiving a pension from their home country, that they then declare in their Income Tax Declaration in Spain. The reason for this is that the tax reduction of 400 Euro is coupled to the retentions to be made this year, and since the pensions of the foreign residents in almost all cases have no retentions in Spain, a deduction made in such retention cannot be made.
We shall also be looking out for any additional rules or clarification on this point and will inform our readers. We also recommend Residents to take up the matter with their fiscal advisors.
The Government has been very late in recognising a crisis exists (overlooking the obvious signs until the recent elections were won). The measures introduced in Law 2-2008 are hardly sufficient to swing the trend in the economy and especially not the property market. With courtesy to Ciudadanos Europeos/ European Citizens' Weekly Report (24/04/08).