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The way in which natural or legal persons must pay income tax in Spain is determined by whether they are resident or not of the country. Residents pay through Personal Income Tax (IRPF) or Corporation Tax (IS); however, non-residents, both natural and legal persons, pay tax through Non-resident Income Tax (IRNR).
Who is a resident?
Natural persons (private individuals) are considered to have their usual place of residence in Spain when any of the following circumstances apply:
•They remain in Spain for more than 183 days of the calendar year.
•The centre of their family/ economic activities is located, directly or indirectly, in Spain.
Non-resident natural and legal persons will be considered non-resident income taxpayers insofar as they obtain income in Spanish territory
The most common income types obtained in Spain by Nonresident Tax payers is the income obtained from “Urban Real Estate Assets”
According to Spanish law, natural persons that are non-residents who own urban buildings in Spanish territory, used for their own use rather than for economic activity, or vacant, are subject to non-resident income tax for the income obtained from these buildings.
The taxable base corresponding to the income obtained from urban property assets in Spanish territory will be determined according to Personal Income Tax regulations. For these purposes, income must be calculated as 1.1% of the rateable value of the building (2% if the rateable value has not been revised or changed since 1 January 1994).
The Taxable base will be calculated without deducting expenses of any kind. The tax rate is 24% (24.75% from 1 January 2012 until 1 December 2014, inclusive).