•  

Imputed Income Tax FAQ

What is non-residents income tax?

As a non-resident property owner in Spain you will need to make an annual tax return in respect of the national letting value of the property, which is called Property Imputed Income Tax. Property Imputed Income Tax is a personal tax, and therefore is levied on each of the owners in proportion to their share of the property.

Is this a new tax? How long has it been compulsory to pay this tax?

Prior to 2008, Property Imputed Income Tax was filed together with what was known as Wealth Tax. The latter has now been abolished and means that Property Imputed Income Tax is a standalone tax and as of 2008 has been charged independently.

How is Imputed Income Tax Calculated?

The calculations use the rateable value (or valor catastral) as the base figure for the calculation. The percentage then to be applied is of 24% of a 2% of the rateable value (or 1.1% if this value was updated after 1994). In cases where the ratable value is not known, you can use half the purchase price as the base value for the calculations. In this case, the coefficient applied will be 1.1%.

Example:

Property worth €180,000 with a valuation set by the local government or, valor catastral, of €110,928 updated after 1994.

The tax amount to be lodged with the Tax Authority is €110,928 x 1.1% x 24%: €292.85

Complete instructions on how to calculate this tax can be found on the Tax Office Modelo 210 Instructions (in Spanish).

I pay income tax in my country of residence, must I still pay this tax?

As Property Imputed Income Tax has no direct reference to actual income received, and instead pertains to a direct percentage of the rateable value of the property, it bears no significance to whether or not the property has been rented out, and in turn, therefore, any income received.

I have not made any income in Spain, so how can I be due income tax in Spain?

Due to the fact the Spanish tax authority assigns an income, or imputed income, or notional letting value to the property, a tax return has to be filed regardless to whether or not the property has been rented and to whether or not the owner has actually derived an income from the property.

What are the exact details of any fines for late payment of this tax?

Non-resident property owners in Spain who fail to pay on time their IRNR, this tax payment must be lodged with the tax office prior to the 31st of December of any fiscal year for payment of the previous fiscal year, are subject to firstly a late payment fine of between 5%-20% and further to which a 5% interest rate of the total amount. In addition to this late payers can expect to receive follow up letters from the Spanish tax office which are all independently priced and which can cost as much as €72 per letter. In cases where non-payment has been identified, legal court action can be raised against the non-payer meaning further costs.

I was never told about this tax before when I bought the property, who is responsible/accountable for this?

If you bought your house with Lawyers of Spain or Lawbird, our Lawyers must have explained what this tax is. Furthermore, on our Letter of Engagement there is an option to hire our Fiscal Representation service. When clients decline hiring this service, we understand they have made arrangements elsewhere, and fully understand the consequences of failing to pay this tax.

Do I need a Fiscal Representative to take care of this tax for me?

Hiring a fiscal representative is not mandatory to submit your imputed income tax return, not even if you own more than one property in Spain (a common misconception still very present among foreigners in Spain).

However, most non-residents hire a fiscal representative to take care of filing in, paying and submitting the tax forms. Not only they avoid the hassle of having to go through this process themselves, they also benefit from the extra services included in the fee during a whole year.

The scenarios in which hiring a fiscal representative is mandatory are explained on the Non Residents QA section on the Tax Office website.

Isn't your fee a bit high? There is someone at our community that will do it for less.

Well, it depends on what you are getting in exchange of the fee. Our Fiscal Representation service covers any dealings with the tax office on your behalf for a whole year, including, but not limited to, the submission of your Imputed Income Tax 210 Forms. As your fiscal representatives we are also in charge of receiving any notifications sent from the tax office, and replying within the required time to avoid costly surcharges and fines.

Our recommendation is that you ask this person or company exactly what their service includes. In my experience, you will likely be approached by someone who a) will charge you for helping you fill in the 210 forms, b) filling them for you and let you pay them, c) or perhaps will also pay them and submit them with the tax office. Will they also deal free of charge with the Tax Office in the event you are requested to provide further information on your property/ies, have submitted the tax late and receive a letter asking you to pay a fine, etc? It is very important also that you make sure this person or company is properly established and will not disappear one day leaving you in the dark as to what is going on with your taxes, whether they have paid and submitted your tax forms, or they've just run away with your money (unfortunately, it happens).

Our fiscal representation service has a fixed fee of €82.60 plus VAT per person and year, which we believe is very reasonable priced for a whole year service, and if you compare it with similar services offered by other Law firms/Gestorias, probably under what our competitors charge.