The Spanish Government maintains the wealth tax for 2014 for both residents and nonresidents

26 November 2013

The Draft of Law on the State Budget for 2014 envisages a further extension on the requirement of wealth tax.

After reestablishment of this tax on exceptional and temporal basis during the years 2011 and 2012 in order to reduce the deficit, this measure was extended by the Law 16/2012 in its application for year 2013.

By reaching the end of this year, the Government argues that the grounds on which they justified its reestablishment and subsequent extension continue and therefore, the tax should be further extended to year 2014.

Thus the Draft of Law on the General State Budget for 2014 includes in its Article 70 a new amendment to Royal Decree-Law 13/2011, which effectively means the durability of this tax for 2014.

Naturally this extension, like the previous one, does not prevent the Autonomous Communities (being a giving tribute) from establishing reductions to this tax, like it has happened in recent years in Madrid, which has reduced it entirely.

This measure has also an impact on the obligation to pay this tax by individuals not resident in Spain. The General Directorate of Taxes has recently referred, in line with the new Double Taxation Treaty between Spain and Germany, to the condition of taxable status by the wealth tax by an individual resident in Germany.

In particular, this mandatory consultation (V2675/2013) establishes that the ownership of shares by the resident in Germany in a company whose assets consist directly or indirectly more than 50% of real property situated in Spain involves the obligation to pay for this tax.

For further information, please contact José Blasi: jblasi@mmmm.es