At Lex Malaka, our team of professionals will provide you with expert tax advice to resolve any doubts or questions you may have regarding your fiscal affairs.
We offer a comprehensive range of legal, accounting and tax services for individuals and businesses, as well as for employees and self-employed workers, in order to provide you with the best possible solutions, tailored to your specific needs and situation.
In this sense, we aim to help anyone who might need assistance with fiscal matters at our tax consultancy in Marbella, as our lawyers have the necessary expertise and professionalism to guide you throughout the whole process.
What our clients in Marbella say about Lex Malaka
Tax Services for Businesses and Individuals
Personal Tax Advice
Our tax consultancy based in Marbella counts on a team of dedicated professionals with a high level of competence and expertise, dedicated to offering tax advice to individuals, whether residents or non-residents, as well as to family businesses and international companies. By means of sound advice and astute tax strategies, we can guarantee you the best fiscal planning, which will result in optimal tax savings.
Thanks to our extensive experience as tax consultants in Marbella, we are aware that the majority of clients are not familiar with many of the fiscal benefits and alternatives that exist in Spain, given that very often they are not implemented correctly, as required by the Administration. Furthermore, the complexity, as well as possible modifications of national and international tax regulations must be taken into account, therefore it is highly recommendable that an expert in the field provides advice and information regarding the deadlines and obligations that apply to each case. Based on the client’s current situation and future projections, an analysis is made of the various tax concessions and benefits that can be applied.
Corporate Tax Advice
The business environment is constantly evolving, therefore the legislation regarding corporation accounting and taxation is also undergoing certain changes, particularly with regard to the new concept of digital labour.
For this reason, it is highly recommendable to count on the services of a reputable tax advisor, who can play an indispensable role for companies, enabling them to comply with the pertinent regulations. It must be taken into consideration that a consultant with expertise in the field of taxation can assist and guide clients regarding all accounting matters and tax compliance, especially in the case of companies and self-employed workers. In this sense, our tax advisors can help taxpayers to comply with the Treasury laws and regulations in an accurate and timely manner.
Experts in non-resident taxes
Non-resident citizens obtaining income in Spain have to file for Non-Resident Tax, which may raise quite a few doubts and cause certain issues if they do not receive the appropriate accounting advice.
Moreover, the condition of non-resident citizenship is not only a fiscal area, as it also broaches commercial and labour legal issues. Thanks to our English-speaking tax consultancy department, you will receive all the information and support needed to avoid complications. We are specialists in tax advice and procedures for non-resident taxpayers, at your complete disposal for whatever needs and concerns you may have.
It is important not to overlook the fact that personal income tax (IRPF) for non-residents applies to all persons who have obtained income in Spain, even if they do not reside in the country for tax purposes. In this regard, there are a series of economic activities that imply the payment of IRPF for foreigners who are not resident in Spain.
By means of our bilingual tax consultancy services for non-residents, you will be able to resolve all the formalities without worries or complications.
The services that our tax advisors can carry out include: guaranteeing better representation before organisations, inspections and checks; advice on international agreements; wealth and inheritance tax; change of tax residence; legal and financial representation; management of non-residents with assets in Spain (sale of real estate, etc.) and obtaining the N.I.E. (identification number issued to foreigners in Spain).
Therefore, if you are a non-resident and you have doubts about how to start dealing with all the formalities, our consultancy service is just what you need. Lex Malaka specialises in the provision of Spanish tax, legal, audit and accountancy services to foreigners with interests in Spain.
Spanish Property Tax
Spanish Property Tax is a tax that applies to both residents and non-residents. El Impuesto sobre Bienes Inmuebles, or IBI, is the equivalent of rates or council tax. It is based on the rateable value of your property, and is collected by the local government once a year. By law, whoever owns the property on the 1st of January is liable to pay this tax.
There is also a rubbish collection tax (Basura). Non-resident property owners may also need to pay imputed income tax at flat rates on potential rental income on Spanish property.
If you sell a property in Spain, you have to pay a property transfer tax (Impuesto de Transmisiones Patrimoniales, or ITP). When a property is sold, the local authority charges a tax on the increase in the value of the land (Plusvalía).
Legal Advice Tax Evasion Charges
We provide a specialist service focused on anyone who is the subject of investigation by the tax authorities for non-payment of due taxes.
In these cases, it is crucial to seek expert legal advice from a specialist tax evasion lawyer in order to navigate this complex area, and comprehend the possible consequences and options at your disposal.
Inheritance Tax
Inheritance Tax is one of the main taxes paid in Spain by residents and non-residents; it is levied on the beneficiary, not on the estate of the deceased person. Inheritance Tax is also paid whenever you accept a donation, or receive a payout from life insurance, if the benefit is received by the policyholder.
The Spanish Government is in charge of defining the specific tax rates and allowances, although each Autonomous Community has the right to modify them. Inheritance Tax is calculated in a sequence of steps, and the exact rate and allowances will vary according to the regional dispositions and legislation, therefore it is highly advisable to seek expert tax advice to guide you through the process.
Capital Gains Tax
Spanish Capital Gains Tax is paid by tax residents of Spain on their worldwide assets, and by non-residents on property they own in Spain. Whenever the sale value is greater than the price of acquisition, capital gains tax will be paid on that difference.
If you are a resident in Spain, the capital gains tax that you will be expected to pay is incremental:
- For the first 6.000€ obtained as profit: 19%
- From 6.000€ to 50.000€: 21%
- From 50.000€ onwards: 23%
The capital gains for non-residents in Spain is a flat rate of 19 percent charged on the profits gained from the auction of a home. Although the calculation seems easy, it is more complicated than just working out 19 percent of the sale.
If you have any doubts about your capital gains liability, we highly recommend that you consult with our fiscal experts.
[FAQs] Frequently asked questions about taxes in Spain
Who has to make a Spanish tax declaration?
According to the tax authorities (Agencia Tributaria), filing a tax declaration is obligatory for:
Permanent residents
Non-residents who spend more than 183 days of the year in Spain (these days do not have to be sequential, so what counts is how many days you spend in Spain over the course of the whole year)
Non-resident property owners
Therefore, if you live in Spain, conduct any kind of economic activity in the country, or simply own any kind of assets, you will have to pay taxes.
The tax year in Spain is from January 1st until December 31st. You need to file your tax return between April 6th and June 30th of the following year.
How much tax do you pay in Spain as a resident?
If you are a resident in Spain, you must pay Spanish tax on your worldwide income, once personal allowances have been taken into account. There is a basic personal allowance, as well as others, including married couple allowance, child allowance and disability allowance.
How much you pay will depend on the income you generate worldwide. Taxes apply on a progressive scale, although tax deductions do exist.
Under the Spanish tax system, your income is divided into two main categories: income from general activities and income from savings. The total income from each is classed as the base, after which deductions and allowances can be made.
General rate: 19%-26%.
Capital gains generated from transfers of assets: 19%.
As each case must be studied individually, we recommend you contact our team of expert tax lawyers, so we can provide you with personalised assistance and help you optimise your taxes.
What would I have to pay Spanish Income tax on?
Once an expatriate is considered a permanent resident of Spain, they would have to declare Spanish Income Tax on the following:
- Income from work or pensions received both in Spain and abroad exceeding the limit of €22,000 per year.
- Income that comes from more than one payer, exceeding €14,000 (there are exceptions, although they are complex).
- Rental income exceeding €1,000 per year.
- Dividend income, interest and capital gains exceeding €1,600, subject to withholding in Spain
How much tax do you pay in Spain as a non-resident?
The income tax for non-residents is charged at a fixed rate on income obtained in Spanish territory or which arises from Spanish sources, and there are no personal allowances or deductions. This also includes potential income on Spanish property, even if you do not rent out your property. Spanish tax applies to property ownership, investment interest, and goods and services in Spain.
The general flat income tax rate for non-residents is 24%, or 19% if you are a citizen of a country in the European Union or the European Economic Area.
If I cannot pay at a given time, is it possible to defer the payment and pay in instalments?
Text debts in Spain undergoing a voluntary or enforceable payment period may be paid in instalments or deferred, according to the terms established in the regulations, and at the request of the taxpayer, when the economic and financial situation in which they find themselves temporarily prevents them from paying within the established deadlines.
It is important to take into account that an application must be submitted, accompanied by the necessary documentation and containing the data required by the legislation, within the legally established deadlines.
However, special cases of deferrals and instalments may be taken into account within the field of taxation. It is important to note that such requests for deferment or instalments cannot be made in relation to debts that are already in the enforcement period.
Our team of tax advisors will provide you with expert advice, in accordance with the special provisions laid down in the tax regulations and the general rules on deferrals and instalments contained in the General Regulations on Tax Collection.
Are there any tax exemptions in Spain?
VAT is an indirect tax levied on the consumption of most services and goods. VAT is not paid directly to the tax office, but the companies and self-employed workers who act as intermediaries. When businesses sell a product or provide a service to third parties, this is reflected in the VAT of the invoices. Then the payment to the tax authorities is made on a monthly or quarterly basis.
There are several groups of activities that are exempt from VAT.
The activities that are exempt from VAT are:
- Education and training
- Hospitalisation and health care
- Social, cultural and sporting activities
- Artistic services
- Real estate services
- Insurance