New Spanish wealth tax on fortune applicable for the year 2022

On December 28, 2022, the Spanish government, via the Spanish BOE, published a law introducing a temporary new solidarity wealth tax.

Since the law entered into force the day after its publication, the solidarity wealth tax will already have to be paid for the year 2022, and for non-tax resident who own real estate in Spain, this means that you shall pay this new wealth tax if you per 31/12/2022 had a net worth in Spain of more than 3 million euros.

This also applies, even though during the year 2022 many were able to read that wealth tax no longer had to be paid in Andalusia. Well, you still must pay a wealth tax, but it will be a solidarity wealth tax that will land in the central Spanish treasury and not in the local one.

The new solidarity wealth tax is confusingly similar the already existing wealth tax, and it must be analysed as the result of the central government’s trump card by the regional autonomous regions, in particular Madrid and Andalusia, where the general wealth tax is currently not paid, as these regions have adopted a special deduction of 100% in the calculated wealth tax.

This will not be possible in relation to the new solidarity wealth tax, as it is specifically stated in this new law that it must be collected throughout Spain, and that the self-governing regions will not, in the same way as with the general wealth tax, be granted competence to determine the solidarity wealth tax rate or to be able to grant special deductions.

In the regions where the general wealth tax is still collected, this will however be able to be deducted from the solidarity wealth tax, so that wealth tax is not collected twice on the same wealth.

For non-tax residents, there is no basic deduction when calculating the Spanish net worth, while the first 300,000 euro of the primary residence is exempt for tax residents in Spain, who are also given a basic deduction of 700,000 euros.

The solidarity wealth tax is calculated according to the rates shown in the table below:

Solidarity wealth tax rates year 2022/2023 Euro
Taxable wealth Tax Interval %
0 0 3,000,000 0.0
3,000,000 0 2,347,998 1.7
5,347,998 39,916 5,347,998 2.1
10,695,996 152,224 Herefter 3.5

Example 1 calculation of solidarity wealth tax:

Of a taxable net worth of 4 million euros, 0 euros is paid of the first 3 million euros, and then 1.7% of 1 million euros, which gives a calculated solidarity wealth tax due of a total of 17,000 euros.

Example 2 calculation of solidarity wealth tax:

Of a taxable net worth of 7 million euros, 39,916 euros are paid of the first 5,347,998 euros, and then 2.1% of the remaining 1,652,002 euros, which gives a calculated solidarity wealth tax due of a total of 74,608 euros.

From the introductory text of the law, it appears that the idea is that the new solidarity wealth tax should only apply for two years, but at the same time it is stated that the result must be analyzed after the two years in order to decide whether the solidarity wealth tax should then continue or be abolished.