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REVEALED: Spain’s proposed new tax rates for the self-employed from 2023 onwards

The Spanish government on Thursday proposed yet more changes to self-employed workers' tax contributions, with the new measures suggested for 2023 beneficial for low earners but bad news for higher earners. How much will 'autónomos' of all income brackets pay if the new laws are approved?

Spain's  Minister of Social Security Jose Luis Escriva has proposed changes that will be beneficial in particular for low-earning autónomos. Photo: PIERRE-PHILIPPE MARCOU / AFP)
Spain's Minister of Social Security José Luis Escrivá has proposed changes that will be beneficial in particular for low-earning autónomos. Photo: PIERRE-PHILIPPE MARCOU / AFP)

The self-employed in Spain – known as autónomos – have long felt they are burdened with unfair tax and social security contributions.

Throughout the last year the government has met with unions to try and level the playing field for low earners and increase flexibility in the system.

READ MORE: Self-employed in Spain – the key changes to expect in 2022

Major self-employed unions met again in January 2022 with Spain’s Ministry of Inclusion, Social Security and Migration to resume talks over changes to the system for the self-employed, and this most recent round of talks may present a step in the right direction for many. 

The Spanish government on Thursday revealed these plans for reforms to self-employed tax contributions based on income.

What are the proposed changes?

Social Security Minister José Luis Escrivá has suggested a system consisting of 13 different tax contribution brackets based on earnings, from those who earn less than €600 a month to those who make more than €4,050 a month.

The new model would introduce a minimum monthly contribution of 184 for low-earning autónomos and up to 1,267 for the top earners.

This would be done gradually over a period of eight years, so from 2023 to 2031 minimum earners would see their monthly tax contributions drop year after year, whereas high earners would seem them rise year on year.

The following table we’ve compiled using data by Spain’s Social Security Ministry shows the proposed tax contribution brackets for autónomos based on their monthly income over the next years. In yellow are the ones who would pay less, in turquoise the ones who would pay the same and in pink those who would pay more. 

chart proposed self employed tax contributions in Spain from 2023

Table: The Local, Source: Spain’s Social Security Ministry

The proposed changes also include a reduced flat rate of 70 for the first two years, and have been welcomed by many as the self-employed try to navigate the post-pandemic economy.

Half of Spain’s three million autónomos believe that they won’t recover to pre-pandemic financial levels until at least 2023, according to a poll from Spain’s National Federation of Self-Employed Workers’ Associations (ATA).

Who would these changes benefit?

According to government claims, the proposed changes would mean increased savings for two out of every three self-employed in Spain.

The plan, still in the negotiation phase and dependent on self-employed unions, would be applied over nine years starting from 2023, with measures to review the situation and contributions every three years. 

According to forecasts from the Ministry, the new system would generate savings of €1,300 per year for autónomos earning less than €600 a month; while for those who earn between €600 and €900 – a large proportion of Spain’s three million self-employed – the savings made under the new system could also be over €1,000.

However, for the higher earners being taxed on real earnings could result in considerably higher taxes over the next decade.

The contributions systems for autónomos in Spain has long been decried as unfair as it forced low earning self-employed workers to make contributions similar to higher earners with multiple income streams.

The reduced flat rate, and the improved flexibility of Escrivá’s new proposals, in particular, are aimed to level the playing field: the new system would allow each worker to increase or decrease their contributions throughout the year – up to six times – based on the ebb and flow of their income, something often unpredictable for the self-employed.

Does everbody agree with the proposals?

Although seen to be a step in the right direction, the proposals haven’t escaped criticism from some autónomo groups in Spain, however. Self-employed groups broadly welcome the return to dialogue and some view the proposal positively, but flaws have been noted in the proposed system. 

One criticism levelled at the Ministry’s proposals has been the speed with which the changes would be phased in. The Union of Associations of Self-Employed Workers and Entrepreneurs (UATAE) has stated that the self-employed “cannot wait nine years for the situation of the current regime to be modified until they are able to pay a fair quota.”

President of the  Union of Professionals and Self-Employed Workers (UPTA), Eduardo Abad, has suggested that negotiations so far are encouraging: “The objective for our organization, without a doubt, has been achieved, which is for this new system to return tax justice to a system such as the Social Security contribution.”

However, President of the National Federation of Associations of Self-Employed Workers (ATA), Lorenzo Amor, panned the government proposals and suggested that “they have no idea what it means to be self-employed.”

The latest round of negotiations between self-employed groups and government is set to continue from Monday. 

READ ALSO: Self-employed in Spain – What you should know about being ‘autónomo’

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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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