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TAXES

Self-employed in Spain: What are the tax rules if you do two or more jobs?

When you sign up to be self-employed or autónomo in Spain you have to state what sector or industry you’ll be working in, depending on your career or business. But what happens when you cross over industries and want to work in more than one?

Self-employed in Spain: What are the tax rules if you do two or more jobs?
What are the tax implications for working in two activities at once? Photo: Brooke Cagle / Unsplash

It is increasingly common to carry out several self-employed activities at the same time to be able to make ends meet and adapt to the demands of the market. It could supplement your income and open up new opportunities.

When you sign up to be an autónomo (self-employed) you will need to be registered for IAE (Tax on Economic Activities) also called registration epígrafe. Essentially it’s a numerical code that identifies the activity you carry out.

READ ALSO – Do I have to register and pay tax if I earn below minimum wage?

Take for example an autónomo who works in marketing. They will have registered for one IAE, but if they want to supplement their marketing income and work as a tour guide or a language teacher at the same (also in a self-employed capacity), they will have to register for another IAE.

Your epígrafe or IAE will determine several factors:

  • If your activity is business or professional – If you are going to carry out a professional activity, you must apply withholding tax to your invoices within Spain. The general rate is 15 percent, but if you are a newly self-employed person, the rate is reduced to seven percent during the first year of registration and the following two.
  • The Value Added Tax (VAT) regime: The type of VAT you pay, whether it’s general, simplified or equivalent surcharge (mandatory for retailers).
  • Personal Income Tax (IRPF) – This can be an objective estimation or a direct estimation. 

If you want to sign up for more than one, you must inform both the Treasury and Social Security, since it can affect the way you pay your taxes as seen above.

To do this, you must make a declaration of census modification and fill out forms (modelos) 036 or 037. This means you will avoid having to present form 840 on the Tax on Economic Activities.

The good news though is that you can sign up for two different activities at the same time without having to pay two lots of social security fees.

READ ALSO: How self-employed workers in Spain should invoice clients abroad 

It’s important to remember that when it comes to accounting, you have to manage income and expenses separately for each of the two or more activities.  

When you present your income statements each trimester, you will have to fill in your income and expenses for each different activity. If the two activities belong to different sectors, you must also apply the VAT deduction regime separately for each sector.

It’s useful to keep in mind that as of January 2023, self-employed people have had to pay social security based on their net income, rather than a flat fee.  

READ ALSO: Will you pay more under Spain’s new social security rates for self-employed?

What to do about IVA or VAT?

The most important thing to remember is that method used to settle personal income tax and VAT must be the same for both activities. The simplified VAT regime is exclusively for taxpayers who declare personal income tax by modules.

Sometimes it may happen that you will have to charge VAT for one activity and not for the other. For example, selling bread in a bakery (with VAT) and giving cooking classes (without VAT). 

Taking this example, the VAT incurred in the acquisition of goods and services that are related to the cooking classes cannot be deducted.

However, the VAT paid on the acquisition of goods and services related to the activity in the bakery is fully deductible. 

The VAT paid for expenses common to both activities is partially deductible by applying the percentage related to the general pro rata.

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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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