It is a very common practice, amongst both foreigners and nationals, to rent out a second property that they don’t use for a certain period of the year to generate extra income and cover costs. However, this practice results in certain tax obligations for the owner in Spain, which we will aim to clarify in this post.
Although this is a fairly unpleasant subject to have to think about and plan for, not doing so can create more stress for your loved ones at an already traumatic time. Because this is something that people try to put off planning for, and therefore have little information on, I will give a brief summary on how to you have to proceed in these cases if you need to report the death of a family member or arrange the burial, cremation or the repatriation of remains outside Spain.
As you may remember, I have referred to this tax in previous posts without fully explaining what it entails exactly. Here is a breakdown of the key facts of Spanish Non-Resident Tax.
The determining factor regarding what kind of Income Tax a natural o legal person pays in Spain is residence. Residents pay regular Income Tax (IRPF) or Corporation Tax (IS), and non-residents, both natural and legal persons, pay must pay Non-resident Income Tax (IRNR).
You may or may not know that a European regulation has been approved to regulate questions of jurisdiction, applicable law and enforcement of all successions where the deceased has passed away on or after the 17th August 2015 (Regulation No. 650/2012 of the European Parliament and of the Council of 4 July 2012).
This regulation can cause difficulties for those foreigners who have not made certain provisions regarding their last Will and Testament, especially for those habitually resident in Spain.
A new tax form was approved in Spain in 2013 by way of Order HAP/72/2013 (Tax form 720). The purpose of this is for the Spanish Tax Authority to collect information on any assets or rights of residents (mainly, although not exclusively) located abroad. This measure was adopted as a means of combating tax fraud by establishing a certain level of control over those with assets abroad. Continue reading