In the spirit of innovation and progress to deliver a first-rate service to TempleCAMBRIA’s clients, the firm’s partners, Juan Antonio Rodríguez García and Álvaro Morales Sousa, recently passed the aptitude tests for training as customs representatives granted by the State Agency of Tax Administration, belonging to the Ministry of Finance and Civil Service (Ministerio de…

Last Wednesday 8 September, the Chamber for Contentious Administrative Proceedings of the Supreme Court finally announced its decision declaring the Plan General de Ordenación Urbana (PGOU) town plan for Chiclana null and void, a plan that was given final approval in 2016. The reasons for this annulment are mainly down to formalities. The main error…

Individuals who receive gains on the sale of their primary residence can be exempt from paying income tax if the vendor is over 65 years old or the gains are reinvested in a new primary residence. The following requirements must be fulfilled: 1. Primary residence a)  The house being sold must qualify as the taxpayer’s…

There have been a number of tax implications following Britain’s exit from the European Union (Brexit).One of these is that UK residents who own a property in Spain will be taxed more heavily when they rent their property (24%) and they will be taxed on the gross amount, without being able to deduct a single…

Spain and Gibraltar have reached a post-Brexit agreement, published on 13 March 2021. This lays down rules for determining tax residency. An individual will be considered a resident in Spain if: the individual spends more than 183 overnight stays in Spain over the course of a calendar year. Periods of sporadic absence (where the person…

Working from home has become more popular recently, with opportunities to move to countries like Spain, which can offer a better climate and quality of life. This triggers tax consequences, for example, the individual must know in which country their earned income will be taxed. There are some basic rules in double taxation agreements:  …

The special ‘inbound expat’ tax scheme allows workers who become residents in Spain due to an employment contract or occupying a director position in a company to be taxed as non-residents -with the obvious tax benefits- during the year the individual becomes a Spanish tax resident and the five consecutive years thereafter.   There are…

  Thank you for your enquiry of 29/06/2020.   We understand your need for clarity regarding obtaining Residency in Spain. Up until now, UK nationals (UKNs) have been issued with the green ‘Certificado de registro de ciudadano de la Unión Europea’ (NIE). This will remain a valid document. From 6 July 2020, you will be…

Tax residence in Spain is regulated under article 9 of the Personal Income Tax Law. Individuals are resident in Spain for tax purposes if they meet at least one of the following criteria: a) Spend more than 183 days in Spain during a calendar year. b) Have Spain as their main base or centre of…

An individual can only be resident for tax purposes in one country, which will be where they will be taxed on their income earned held anywhere in the world. However, the tax authorities in two countries may consider that the individual is resident in both, which would result in double taxation prohibited under international tax…

If an individual does not submit the informative tax form or submits it late, or submits the form 720 with incomplete, inaccurate or incorrect details, they may incur a serious infraction. The penalty will consist of a fine of €5,000 for each omitted, incomplete, inaccurate or incorrect detail or group of details. The minimum fine…

  The Government has approved a series of measures aimed at making the cost of rents to tenants who have been left in a vulnerable situation due to the state of alarm. How do these new measures affect tenants and landlords?   Am I the beneficiary of any help to pay the rent? The new…

The Government is taking more measures to protect vulnerable groups and to avoid possible abuses during the state of alarm, as it is causing an economic slowdown due to restrictions on mobility and business activity. In the Council of Ministers this Tuesday 31st March 2020, some of the measures adopted a little over a week…

  These are essential services and therefore companies and workers who belong to the following areas of activity will be able to continue working as of this Tuesday, as stated in the BOE published this Sunday. The twenty areas of activity are set out in the annex to the draft, in addition to some specific…

This Saturday, March 21, marks a week since the Council of Ministers decreed the state of alarm at the national level through Royal Decree 463/2020. Since that day, the Government and the different ministerial departments have made some modifications and orders have been published with new measures and indications. Last Tuesday, March 17, after the…

The state of alarm is declared in order to deal with the health emergency caused by COVID19. On 14 March 2020, the Spanish Official Gazette (BOE) published Royal Decree 463/2020, declaring a state of alarm for the management of the health crisis caused by COVID-19 (the Royal Decree). The Royal Decree introduces, effective immediately, a…

Mutual agreement procedures (MAP) are a means of resolving disputes between two tax authorities when the actions of one or both authorities result or could result in taxation in breach of the double taxation treaty signed by both member states, or could cause double taxation. Any resident can initiate this procedure. It is usually an…

REGULATION There are two laws in Andalucía about houses that are rented for tourism purposes: 1.- Decree 28/2016, 11th February, for houses rented for tourism purposes in Andalucía. This regulation will enter into force from 11th May 2016.[1] 2.- Decree 20/2002, 29th January, for houses rented for tourism purposes in rural areas. This regulation has…

REAL PROPERTY IN SPAIN – NON-RESIDENT TAX The usual double taxation treaty signed by Spain with other states: Income from immovable property, including income from agriculture or forestry, may be taxed in the Contracting State in which such property is situated. Under the Spanish tax law we can distinguish between two circumstances: when the property…

Individuals and companies have the obligation to submit an informative tax form (720) regarding the following groups of rights and assets: Bank accounts of which individuals or companies are the holder, representative, authorised party, beneficiary, or over which they disposal rights, opened in a financial institution abroad when the overall balance at 31st December or…