Did you pay Wealth Tax or Solidarity Tax in Spain as a non-resident? The Spanish Supreme Court has ruled in your favour.
The Supreme Court confirms that non-residents are entitled to apply the same 60% combined limit on Wealth Tax (IP) and Personal Income Tax (IRPF) that residents enjoy — a long-demanded correction to a discriminatory practice.
This tax shield ensures that the total amount paid for Personal Tax and Wealth tax does not exceed 60% of the taxpayer’s income. If it does, the Wealth tax bill must be reduced, by up to 80%. Until now, this benefit was denied to non-residents.
The Court ruled this breach violates the free movement of capital (Article 63 TFEU) and echoed past EU warnings to Spain, such as in the inheritance tax case. No valid justification exists for harsher taxation based solely on residence.
The savings can be relevant. For example a non-resident with €4M in Spanish assets and €70K income abroad will pay Wealth Tax of €60,000. By applying the 60% combined limit, the max allowed will be €42,000. Therefore, the wealth tax payable will be reduced to 22,000.
Savings amount to €38,000.
Non-residents, wether EU or non-EU, will be entitled to seek refunds for the last 4 years if they paid Weath Tax in excess.
Inmaculada Domecq
Partner & Head of Tax & Legal
idp@uhy-fay.com
