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TAXES

The tax changes in Spain in 2023 that you need to know about

The new year in Spain has brought with it a whole raft of new tax measures and changes that you should be aware of. Here's all you need to know.

Published: 23 January 2023 17:24 CET
Updated: 12 February 2023 09:24 CET
The tax changes in Spain in 2023 that you need to know about
Photo: Pixabay.

There are a number of new tax measures or changes to the existing system coming into force in Spain in 2023, while other temporary taxes from 2022 have been maintained.

Here are all the changes you need to know about and how they could affect you.

IRPF

This year, the Ministry of Finance will change the way they calculate the amount of Impuesto de la Renta para las Personas Físicas (IRPF) or personal income tax, you have to pay. 

In total, more than 250,000 workers will benefit from the changes and in some cases, will save more than €1,000 per year.

The government has also raised the minimum exemption from €14,000 to €15,000 to help the most vulnerable in Spanish society.

READ ALSO: Who in Spain will save €1,000 in 2023 thanks to income tax changes?

New pension fund tax

From January 1st 2023, all workers in Spain, whether salaried or self-employed, must pay a new tax through their social security contribution to help fill up Spain’s pension fund – a move that will affect over 20 million workers.

The Intergenerational Equity Mechanism (MEI), as it’s known, will be a small social security contribution intended to help balance pension financing between generations. It is hoped that the MEI will bring in around €22 billion by 2032, when it is anticipated the new tax will be lifted. 

In simple terms, if you work in Spain and thus contribute to social security, the new tax will represent 0.6 percent of your monthly salary, however, of this 0.6 percent your employer will pay 0.5 percent and you will only pay the other 0.1 percent.

READ ALSO: The new tax all workers in Spain will pay in 2023

Wealth tax

The Spanish government will maintain its so-called ‘wealth tax’, but there will be certain changes to it this year. The tax targets those with fortunes of €3 million or more.

Three brackets that have been established are a rate of 1.7 percent for fortunes between €3 and €5.3 million, 2.1 percent for wealth between €5.3 and €10.6 million, and 3.5 percent for fortunes over €10.6 million.

Savings tax

Large savings and capital income will also be taxed at a higher rate in Spain in 2023.

For taxable income over €200,000, the rate will be increased by one percent, from 26 percent to 27 percent. In addition savings of €300,000 or more will be taxed at 28 percent.

Self-employed workers

The Local covered the ongoing changes to tax system for autónomos (self-employed people) throughout 2022, including the main change that social security contributions will now be based on real income, instead of a set amount each month. 

The government has also rejigged the thresholds, but essentially anyone earning under €1,300 per month will be paying less in social security fees, with those earning €1166.70 to €1,300 a month paying just €3 less than they do now.

Those earning between €1,300 and €1,700 will pay the same amount as they do now – €294 per month, while anyone earning over €1,700 will be paying more.

According to the government, of the three million self-employed workers in Spain 2.4 million earn under €1,700 per month, meaning that the majority will see their social security contributions staying the same or reduced.

Self-employed workers in Spain will now have to choose an income bracket based on a projection of their annual net income according to a general table of base levels set by the government.

It’s as complicated as it sounds, with some accountants even unclear on exactly how this will work, but from what do know in 2023 there will be 15 different brackets of net income to calculate your social security contributions.

Tax breaks 

Several regions have announced various tax breaks for 2023, most notably Madrid. From Q1 2023, new autónomos in Madrid will have their social security fees paid for by the government for their first year of self-employed work in the region.

Recently the region also announced that it would offer tax breaks to draw foreign investment. Under the regional plan, foreigners or expatriate Spaniards will be able to deduct 20 percent of the value of their investments in real estate or financial assets from their income tax bill.

READ ALSO: Madrid region offers tax break to draw foreign investment

VAT

The Spanish government is also keeping its VAT cuts (known as IVA in Spanish) on various products. VAT on feminine hygiene and contraceptive products has been cut from 10 percent to 4 percent, as well as the temporary tax reduction on basic foods such as bread, flour, fruits or vegetables, which will be taxed at 0 percent, and to oils and pasta, which now have VAT rates of 5 percent.

These cuts are expected to last for six months.

READ ALSO: Spain axes VAT on basic foods to ease inflation pain

Banking and energy

The headline-grabbing tax measure in 2023 is a carry-over from 2022: a temporary windfall tax on banks and energy companies designed to bring €3.5 billion in extra revenue per year to help deal with the ongoing inflationary crisis.

Energy companies, whose profits have benefited hugely from the energy crisis, will have their excess profits taxed. This will generate around €2 billion per year for state coffers, and the tax will be levied at 1.2 percent on gross income for energy companies that make more than €1 billion a year.

Similarly, there is also a temporary 4.8 percent charge on banks’ net interest income and commissions in 2023 and 2024 to fund measures to ease cost of living pressures.

READ ALSO: Spain to slap windfall taxes on banks, energy firms

Plastic tax

A new tax on non-reusable plastics is also being introduced, approved at a rate of €0.45 per kilo of single-use plastic. A study by International Financial Analysts (AFI) estimates the plastic tax could generate €300 million for the Spanish state coffers.

The tax comes as part of Spain’s Waste and Contaminated Soils Law being brought in to try and decrease the use of single-use plastics, and to reduce the waste produced in landfills by 15 percent compared to 2010 levels.

READ ALSO: How Spain’s new tax on plastics will affect you

The Spanish government hopes to cut the use of food containers and single-use plastic cups by up to 70 percent by 2030.

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TAXES

What are the fines if you make mistakes on your Spanish tax return?

Filling out your Spanish income tax return can be daunting and mistakes can be made, so what happens if you submit your form with an error? Will you always have to pay a fine and how much will it be? Is there are a way of correcting the mistake in time?

Published: 20 May 2024 14:09 CEST
What are the fines if you make mistakes on your Spanish tax return?

It’s easy to make a small mistake on your yearly income tax return in Spain, known as la declaración de renta. This is because there a so many questions and boxes to fill. The most important thing is to look over everything as carefully as you can.

If you have any doubts about anything, it’s best to contact the Agencia Tributaria directly by phone, in person or on the web or to contact a tax professional and ask them to help you.

READ ALSO: How to complete Spain’s Declaración de la Renta tax return in 2024

Even with double-checking though and being thorough, small mistakes may slip through. So what can you do?

Q: I realised after I submitted my tax return that it contained an error, what can I do?

A: It’s important to note that there are usually fines for any errors made on your return. These amounts can vary depending on the size of the mistake. Whether you omitted information on purpose or it was accidental, they could still possibly fine you.

If you have already submitted your return and realise later that you made a mistake, it’s important to rectify it as soon as possible and submit a second declaration voluntarily within the allotted time frame to do this, before the Treasury finds out.

Tax experts claim that the authorities will then take into account your income, circumstances and deductions on your last declaration to see if and how much you will be fined.

READ ALSO: 11 mistakes to avoid when filing your Spanish tax return

Q: Is there a way to modify a declaration that has already been submitted?

A: Yes, the Treasury explains two ways to do this on their website

If the error affects the taxpayer – either because they have to pay the Treasury more or less than what they should, they can request the modification of the error on the declaration that’s already submitted . This can be done online on the Agencia Tributaria website, as long as Hacienda hasn’t carried out the fiscal settlement yet.

If the error affects Spain’s Hacienda treasure , the taxpayer can submit a complementary declaration , something that can also be done online under ‘Modificar declaración presentada‘.

You will need to either have a digital certificate or Cl@ve details to do all this online.

READ ALSO: 

Hacienda has announced that in this campaign it will promote communication with taxpayers who may have had errors so that they can solve them.

Q: What are the fines if I don’t correct the mistakes on my Spanish tax declaration?

A: How much you get fine for making a mistake on la declaración de la renta can depend on numerous factors, including the severity of the error, whether it’s your or them who notify the mistake and how long passes before you pay. Generally speaking, for every month that you don’t pay the money back, the amount you owe will go up.

If the mistake is linked to minor tax fraud, in the sense that you have changed something and you have not specified it, Hacienda can fine you €100. Incomplete data or other mistakes can also lead to penalties of €150.

Even if you realise that Spain’s tax agency owes you money but you inform them after the tax deadline, they will pay you what’s owed but fine you €100. If it is the Treasury that realizes the error before you, the penalty goes up to €200.

If you have any erroneous deductions that don’t correspond to you, the Treasury considers this to be a serious infraction and the fine will be 15 percent of the amount you receive.

If fake invoices or supporting documents are used so that the declaration works out favourable to you and it’s more than €3,000, the fine is between 50 and 100 percent of the amount.

With more serious cases of fraud on your declaration, the fine can be up to 150 percent of the amount. When fraud is in the millions, the fine can be €30,000 and in very serious cases the amount rises to more than €300,000.

READ ALSO: What are the penalties and prison sentences for tax evasion in Spain?

Q: Will I always get a fine if I make a mistake?

A recent ruling by the Superior Court of Justice of Galicia has found that people have the “right to make a mistake” when filing their income tax return. This could set a new precedent across the country, meaning that those who make small mistakes may no longer be fined.

During the case, the accused’s lawyer, Nadia Vasallo, assured the court that he “had no intention of deceiving the Treasury,” but rather that “a tax advisor simply advised him on a complex operation.”

Most appeals are won by taxpayers who’ve been fined are won by clients, but unfortunately the bureaucracy and cost involved mean it’s not necessarily worth fighting it. 

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