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MONEY

Spanish bank accounts: Why you shouldn’t leave them inactive for too long

Not using a bank account you have in Spain can cost you dearly in the long run, with both the country's tax agency and your bank having the right to take all or some of your money. Here's what you need to know.

Spanish bank accounts: Why you shouldn't leave them inactive for too long
Why you shouldn't leave your Spanish bank account inactive. Photo: JOSE JORDAN / AFP

Bank transactions in Spain are monitored by the watchful eye of the country’s Agencia Tributaria, also known as Hacienda, especially when it comes to payments above €3,000, transfers of more than €10,000 and deposits of €500 banknotes. 

Banks in Spain are in fact legally obliged to inform Hacienda of any of these transactions, as well as credits and loans above €6,000, but tax authorities can also request permission from financial entities to investigate a specific account at any time.

The general consensus is that the State and Spain’s private banks maintain a close relationship with little banking secrecy, at least when it comes to the financial movements of ordinary account holders.

Spain’s Tax Agency can take all the money from inactive bank accounts

Rather than just being able to monitor transactions, Spain’s Tax Agency can also check for account inactivity as banks provide them with this information as well.

Fortunately, they only have the right to empty inactive accounts after 20 years without use.

Although this may seem to exclude the vast majority of account holders, Hacienda still managed to fill public coffers with an extra €12.57 million from these inactive accounts in 2019, 13 percent more than the previous year (€150 million over the last 10 years).

It could be an account which an elderly relative has and completely forgotten about, an account of a person without descendants who can inherit the money or one which you opened when you lived in Spain years ago.

It’s worth noting that this also applies to any inactive banking product: investment funds, fixed-income securities, economic rights etc.

Don’t leave your Spanish account without any money in it

The Bank of Spain has warned account holders in the country that when cancelling an account “it isn’t enough to leave your balance at zero”, but rather that you have to contact the bank to give express written instructions to cancel the account.

Even if you want to keep the account open in case you choose to use it in the future, remember that most banks in Spain charge maintenance and other fees on a regular basis.

This means that you could be unknowingly overdrawn if you have very few funds and a penalty fee which could mount up without your knowledge if you’re not receiving correspondence from your Spanish bank.

More banking fees after three years of inactivity

As a general rule, when three years have passed and a Spanish current account has not registered a single transaction, Spanish banks put these dormant accounts on a separate list, to which a different set of maintenance fees apply with respect to regular account users.

The standard practice is for them at the very least to charge the maximum maintenance fees published in the Bank of Spain: €36 euros per year.

There are many cases of parents opening accounts and depositing a small amount for their newborns, only to forget about the accounts all together and then find out that they are a couple hundred euros overdrawn.

READ MORE:

Don’t expect banks to get in touch

Even though the Bank of Spain considers it bad practice for private banks to not inform the holders of inactive accounts that they are being charged, it’s still something that happens regularly.

According to consumer.es, Spanish banks don’t tend to pressure the customer to pay the expenses derived from an account that has been abandoned, allowing debt to mount up.

There are also reports that some account holders are instructed to withdraw all funds from their accounts instead of officially closing them, under the premise that after 6 months these will be deemed cancelled accounts, which is not correct.

You should always update your contact details and address so that you can receive all the necessary correspondence from the bank.

That way you will have a better claim as you do have the right to report them for not informing you about the charges.

If your bank doesn’t offer you a satisfactory solution, you can contact the “Departamento de Conducta de Mercados y Reclamaciones del Banco de España” (The Bank of Spain’s Department of Conduct and Claims) on 900 54 54 54 or 913 38 88 30 (C/ Alcalá, 48, 28014 Madrid).

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For members

TAXES

How foreigners in Spain’s capital can pay less tax with the new Mbappé Law

The regional government of Madrid is finalising the approval of the so-called Mbappé Law, a very favourable new personal income tax regime for foreigners who settle and invest in the Spanish capital.

How foreigners in Spain's capital can pay less tax with the new Mbappé Law

Similar to Spain’s Beckham Law, introduced in 2005, this piece of legislation is named after a famous footballer who will be the first to benefit from lower tax rates, as will other foreigners in Madrid.

Kylian Mbappé is a French footballer who currently plays for Paris Saint-Germain, but looks set to sign for Real Madrid this summer.

The objective of the right-wing Madrid government of Isabel Díaz Ayuso is to attract more foreign investment to the region with beneficial fiscal rates.

READ ALSO – Beckham Law: What foreigners need to know about Spain’s special tax regime

Unlike the Beckham though, the Mbappé Law is only designed to benefit foreigners who move to the region of Madrid, it’s not open to those who want to move elsewhere in Spain.

Also unlike the Beckham law, foreigners will only be able to reap the rewards of the Mbappé Law if they invest money into the region. This could be in the form of investments in companies or in vehicles, but it cannot include investments in property.

Specifically, applicants will be able to deduct 20 percent of all the money they invest in the Madrid region.

The law applies to regional personal income tax, which accounts for approximately half of entire tax payments in Spain, since the other part corresponds to the State’s collection.

Normally, a foreigner like Mbappé will be taxed in the highest income bracket, as they will earn well over €300,000 gross per year.

When the law is finally approved however, Mbappé could avoid paying the regional income tax entirely, in the event that 20 percent of his Madrid investments represent the same amount that he would have had to pay in taxes on his salary.

READ ALSO: Why you should move to this region in Spain if you want to pay less tax

How will the Mbappé Law work?

For example, if Mbappé earned €40 million gross (not his actual salary), he would normally be charged €18 million in personal income tax.

Of this, 24.5 percent would correspond to the state tax, and this would have to be paid as normal. This means the state would collect €9.8 million from him in tax.

The change happens with the rest of the tax – the regional tranche. If he doesn’t make any investments, which now seems unlikely, he would have to pay €8.2 million in tax to Madrid.

If on the other hand the French superstar invested €40 million in Spanish companies or state bonds – he could deduct €8 million, which represents 20 percent of that amount.

This would mean that Mbappé’s tax rate would remain at 24.5 percent, a marginal rate that is slightly higher than the personal income tax for a worker who earns €20,000 and receives around €1,300 net per month.

As a percentage, of course, the amounts in Mbappé’s case are going to be huge. So, instead of paying €18 million in total, he would only pay €9.8 million.

Overall, this legislation signals that Madrid will become even more attractive to foreign investors.

By contrast, those who move to Catalonia will have to pay 25.50 percent in regional income tax, which added to the 24.5 percent of the state tax would increase personal income tax by half. So as a Real Madrid player Mbappé would earn €30.2 million, but if he signed for Barça he would pocket €20 million.

What’s the catch?

There are a few caveats to the new law, which primarily depend on how long you stay in Madrid. The new regulations establish that you have to stay and live in Madrid for a total of six years. If you leave before those six years are up, then you will be forced to return part of the tax savings you made.

What does this mean for Madrid?

The regional government of Madrid estimates that 30,000 foreign investors could choose to move to the region specifically in order to benefit from the new law and that it will cost the public coffers €60 million per year.

The idea is that Madrid will continue to attract foreign investment. Madrid’s leader Isabel Díaz Ayuso recently claimed that: “Two out of every three euros that arrive in Spain as an investment from abroad do so in projects that are developed within the Community of Madrid. In the last decade, the flow of investments has doubled”.

Madrid already has some of the best tax incentives in Spain. Residents pay less tax on their income, assets, inheritance and property transactions and conditions are beneficial to high-income earners in particular.

Financial experts agree that Madrid is among, if not the top region, with the most lenient tax system in the country, and when the Mbappé law comes into force, the region will benefit from even more incentives.

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