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TAXES

Spanish Social Security overcharge thousands of self-employed

Thousands of autónomos in Spain have been mistakenly overcharged hundreds of euros in social security contributions after a system error.

Spanish Social Security overcharge thousands of self-employed
Spain's Minister of Social Security Jose Luis Escrivá. Photo: chema moya / POOL / AFP

Thousands of self-employed people in Spain (autónomos) had a nasty surprise to start 2023.

Checking their bank balances this week, many will have realised that Spain’s Social Security accidentally overcharged them, along with thousands of other people.

For some, they have been left hundreds of euros out of pocket. 

READ ALSO: Everything that changes for self-employed people in Spain this year

Spain’s Ministerio de Inclusión, Seguridad Social y Migraciones, which charges self-employed people every month, mistakenly charged the normal minimum fee to the newly self-employed, who are offered a special €80 flat rate. The error, which has been described as an “incident in the system” in the Spanish press, affected self-employed people who had registered between January 1st and 9th.

According to the Asociación de Trabajadores Autónomos (ATA), newly-registered self-employed people were charged the normal minimum monthly fee, which is €299, instead of the reduced €80 flat rate those who are self-employed start out by paying. 

The mistake, which meant this new cohort of autónomos paid €220 more than expected, affected around 8,000 people. Sources from the Ministry of Inclusion, Social Security and Migrations say those workers accidentally overcharged will be contacted in the coming weeks by email, and it is thought that refunds will be sent by March if not before, according to Europa Press.

Contributory bases

In addition to the system error, many self-employed people (and their accountants) were surprised to see that their contribution base had been automatically updated by Social Security and they were also overcharged as a result.

From the start of 2023, self-employed can decide whether or not to update their so-called ‘contribution base’ – their estimated net income from which social security contributions are calculated – based on their changing income.

But at the end of January, many who had neither updated their base or made more money were charged 8.6 percent more than they should have been.

José Luis Perea, General Secretary of the ATA, insists that both errors had nothing to do with the new contribution system based on real income that entered into force in 2023, the Special Regime for Self-Employed Workers (RETA).

Freelance changes

In fact, Perea claims that with the new system, “practically 70 percent of the self-employed will benefit”. 

From 2023, Spain’s autónomos will pay monthly social security fees based on how much they earn, instead of a fixed rate. Previously, freelancers have had to pay a minimum contribution base of €294 per month after they have been registered as self-employed for two years, regardless of how much they earnt.

With this new system, self-employed people in Spain have the ability to change their income bracket every two months, with a maximum total of six changes throughout the year, in order to be to adapt their social security contributions to their projected income as it changes.

Instead of there being a fixed rate of €294, the fee will go down progressively to €200 a month for lower earners and progressively higher – up to €590 a month – for higher earners. This means that some self-employed workers will see their social security payments reduced, however, for anyone earning over €1,700 per month, they will increase.

Refunds

Though those new self-employed workers accidentally overcharged by €220 should be refunded in the coming weeks, those who had their contribution base increased will have to wait until the end of the 2023 fiscal year to get their money back.

The new self-employed contribution system will have a transition period of nine years, until 2032, and came into force on January 1st, 2023, with 15 different levels of contributions ranging from €230 to €590 depending on the net income of self-employed workers.

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TAXES

Can you pay taxes in Spain with a foreign bank account?

Many foreigners have tax obligations in Spain but might not have a Spanish bank account to pay them from. Changes by Spain's tax authorities might just make it easier, depending on your circumstances.

Can you pay taxes in Spain with a foreign bank account?

Navigating the ins and outs of the Spanish tax system can be a little daunting at times. That’s why many people choose to pay for a gestor to handle it all for them.

But for many foreigners in Spain, especially those with property in the country but who aren’t resident, figuring out when and how to pay your taxes can be extra complicated, especially if you don’t speak Spanish.

READ ALSO: What does a ‘gestor’ do in Spain and why you’ll need one

This was compounded by the fact that, for many years, you couldn’t pay Spanish taxes from a foreign bank account. As such, many people were forced to open a Spanish bank account for the sole purpose of paying tax.

Can you pay taxes in Spain with a foreign bank account?

Fortunately, it’s no longer like that. From February 1st 2024, the tax authorities in Spain started allowing tax payments via direct debit from any bank account within the SEPA area, removing the need for a Spanish bank account.

So, in short, yes, you can pay your Spanish taxes with a foreign bank account — depending on the country in which the account is based.

What is SEPA?

SEPA stands for Single Euro Payments Area is a basically an integrated bank transfer system. SEPA includes all the EU members states, plus those in the EFTA (Iceland, Norway, Liechtenstein and Switzerland). The UK is also still member of the SEPA area, despite Brexit.

Before the change, you could only pay your taxes in Spanish via banks approved by the tax authorities.

READ ALSO: Spanish tax returns: A handy guide for foreigners

VAT and tax experts Marosavat explain that under the previous rules, “direct debit [was] only available when the taxpayer’s bank account belongs to a bank entity cooperating with the Spanish tax authorities. This requirement impose[d] an important restriction when using direct debit as a payment method, especially for foreign taxpayers.”

But slowly, the Spanish tax authorities have eased the rules and made it easier for foreign businesses and tax payers to pay their tax from abroad. First, in March 2021, the rules were relaxed for foreign businesses with tax obligations in Spain. 

Then from July 2023 foreign accounts were approved for deferment and split applications of tax debt, and from February 2024 for regular tax payments.

Following the changes, Marosavat says, “the payments will still be processed through a cooperating bank entity, which communicates with the taxpayer’s bank entity. In consequence, all commissions and bank expenses related to the procedure will be passed on by the tax administration to the taxpayer.”

According to Spain’s Agencia Tributaria website, which you can find an English language version of here:

  • Payments are allowed for those who do not have an open account in any collaborating entity in state collection management. 

  • It is especially intended for use by those who pay their debts from abroad. 

  • It can be done by both natural persons and legal entities. 

  • The payment will have releasing effects on the date of receipt and entry of the transfer.  

Non-resident property owners

This is particularly welcome news for second home owners in Spain, many of whom are non-resident and manage their properties from abroad for most of the year. 

According to IberianTax, by extending tax payments to the wider SEPA area, “property owners can now continue to use their home country’s bank accounts or accounts from other SEPA countries to make tax payments towards their taxes. This change simplifies the process and alleviates the burden of setting up a separate Spanish bank unnecessarily.”

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