Retroactive elimination of discrimination against non-residents in the Tax on Large Fortunes
One of the most controversial aspects of the Solidarity Tax on Large Fortunes (STLF) was the fact that non-tax resident taxpayers were not allowed to benefit from the reduction of the tax base of 700,000 euros, which was for them a discrimination compared to tax residents.
The Parliament gave yesterday its approval to part of the package of measures announced by the Government at the end of last year, including the elimination of this discrimination with effects from the entry into force of this tax and its extension until the regional framework of wealth taxation is reformed.
The first year of application of the ITSGF was 2022, so this modification will allow non-tax resident taxpayers to request the rectification of the returns filed for that year in order to claim the aforementioned reduction, requesting the corresponding refund.
UHY Fay & Co has submitted today a rectification of a client with a net wealth of approximately 5 million euros, which will result in a refund (plus interest for late payment) of almost 12 thousand euros:
| Without reduction | With reducción | |
| Net wealth | 5,000,000 € | 5,000,000 € |
| Reduction | 0 € | 700,000 € |
| Taxable base | 5,000,000 € | 4,300,000 € |
| Tax payable | 34.000 € | 22,100 € |
| Saving | 11,900 € |
On the other hand, given that the tax has been extended and, moreover, no clear time horizon has been set as to how long this extension will last, which has been made dependent on the reform of the regional funding framework, we consider that those taxpayers, whether tax residents or non-tax residents, with higher assets and for whom this tax has been particularly burdensome, should not rule out the possibility of appealing or, if they have already done so, of continuing to appeal to higher courts, since it is highly likely that this tax will end up being discussed in the Court of Justice of the European Union and in the European Court of Human Rights for violating the principle of legal certainty and for being confiscatory.
Contact us for more information and analysis of your case.
Inmaculada Domecq Manuel Reina Manuel Berral
Socia Director Senior Manager
idp@uhy-fay.com mri@uhy-fay.com mbp@uhy-fay.com
