Page 28 - Spanish Insight - April 2020
P. 28

Legitimately reducing





        your Spanish tax bill




                                               make for higher net worth people.       pension of €5,000 per annum.
        By Steven Langford, Partner, Blevins Franks
                                               Mr Smith                                Their combined Spanish tax liability, without
        This article was written before the coronavirus   Mr Smith (not his real name) is resident in   any tax planning, is approximately:
        situation escalated in Spain. We understand   Andalucía.  His Spanish property (main home)  Income tax:    €76,382
        that tax planning may not be a high priority   is valued at €2,000,000. His various capital   Wealth tax:    €76,070
        right in these challenging times, but this article  investments amount to €5,000,000, plus   Total tax:   €152,452
        will be still be relevant when life starts to   another €1,000,000 in cash deposits.  He has a
        return to normal.                      UK pension fund worth €1,000,000.       But like Mr Smith, they can restructure their
                                                                                       assets to significantly reduce their Spanish tax
        Spain continues to be a favourite destination   His investment portfolio and savings generate   liability.
        for expatriates, including those making the   an annual income of €315,000 (income and/or
        most of their retirement years.  And with the   realised gains). He receives pension income of   Tax liability after restructuring:
        residence rules for UK nationals potentially   €40,000 per annum (€30,000 from his private   Income tax:    €5,842
        changing from January 2021, many people are   pension and €10,000 of state pension).   Wealth tax:   €23,666
        moving their plans forward to make sure they                                   Total tax:    €29,508
        are lawfully resident in Spain before Brexit   His annual Spanish tax liability in Andalucía,
        takes full effect.                     without any tax planning in place, is   They can reduce their Spanish income tax
                                               approximately:                          bill by €70,540 and their wealth tax bill
        While you may be focused on all the benefits   Income tax:    €79,930          by €52,404, making a total tax saving of
        of living in Spain, you also need to understand  Wealth tax:   €128,364        €122,944.
        how being Spanish resident will affect your tax  Total tax:   €208,294
        position.  Once you meet any of the criteria                                   Of course, everyone’s circumstances are
        that make you tax resident here (you spend   However, if he takes specialist advice and   different and you may not be in a position to
        183+ days in Spain, or your centre of economic  restructures his assets to take advantage of the   achieve the same level of results.  But these
        or vital interests is here), you are liable for   tax planning opportunities available in Spain,   examples clearly show that the way you hold
        Spanish tax on your worldwide income,   he could reduce his combined tax bill by over   your assets and take income from them can
        gains and wealth, and subject to the Spanish   80%.  This involves using Spanish compliant   make a considerable difference to how much
        succession and gift tax regime.        investment arrangements, transferring his   tax you pay in Spain.
                                               private pension fund and adjusting the way he
        Besides the expected income and capital gains   takes income.                  It is certainly worth asking a specialist
        taxes, Spain additionally imposes an annual                                    adviser, like Blevins Franks, to review your
        wealth tax which generally affects those   Tax liability after restructuring:  investment portfolio, pensions and other
        with net worldwide assets over €1,000,000.    Income tax:    €7,765            assets. They can also evaluate your current tax
        Combined together, this can result in a   Wealth tax:   €25,876                liabilities, consider your personal situation and
        discouraging annual tax bill.          Total tax:   €33,641                    objectives, and look at what Spanish compliant
                                                                                       arrangements would work for you and how
        Spanish taxation therefore can present a   This represents a total tax saving of €174,653:   much tax you could save. You may be very
        dilemma for the wealthier individuals and   €72,165 in income tax and €102,488 in wealth  pleasantly surprised by your new tax bill in
        families who wish to live in Spain. Do they   tax.                             Spain!  www.blevinsfranks.com
        become resident and face high taxes? Or do
        they just visit often but not enough to become   Mr & Mrs Jones                These are simplified, estimate tax calculations for
        tax resident?                          It is a similar situation for married couples.    illustrative purposes and based on 2019 tax rates
                                               Mr and Mrs Jones (not their real names) are   (pending the 2020 state budget). Summarised
        But you do not necessarily need to fear   also wealthy Andalusian residents.     tax information is based upon our understanding
        taxation in Spain – in fact you may find you                                   of current laws and practices which may change.
        improve your tax situation by becoming   They own a €2,000,000 Spanish property   Individuals should seek personalised advice.
        resident.  While tax rates can look high, the   equally in joint names (main home).  They
        Spanish tax regime does present tax mitigation   each have €2,500,000 in capital investments   Keep up to date on the financial issues that
        opportunities – the way you hold your assets   which generate an annual income of €150,000  may affect you on the Blevins Franks news
        can make a significant difference to how much   for each of them. They also both have   page at www.blevinsfranks.com
        tax you pay.                           €500,000 in the bank (€7,500 income each).
                                               Mr Jones has a private pension fund worth
        Here are two examples which illustrate just   €1,000,000 from which he receives an annual
        what a big difference restructuring assets can   income of €30,000. They both receive a state
       28  Spanish Insight  April 2020
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