Sotogrande lawyers and tax advisers

Gibraltar “cross border” workers pay tax on their salaries at source in Gibraltar under the PAYE (pay as you earn) system and later complete a Gibraltar tax return declaring this income, but their tax liability does not ends there. Individuals who live in Spain also need to complete a tax return in Spain.

Most individuals with a connection to Spain will usually have to complete some form of tax return. For example, non Spanish residents have to complete non resident tax returns if they own a Spanish property, but as non resident tax residents their liability is limited to Spanish assets only.

If you live and are tax resident in Spain then you have to declare your worldwide income and gains (which will include any income you have received in Gibraltar).

Therefore ascertaining an individual’s tax residence is very important as it will dictate how you are taxed in Spain.

The main test for Spanish tax residency is physical presence; if you spend6 months (183 days) or more in Spain (during a calendar year) you are automatically tax resident there. When counting six months for this test temporary absences from Spain are ignored,(unless you can prove that you are resident in another country).

If you do not spend 183 days in Spain, the tax authorities can still deem you to be Spanish tax resident if your centre ofpersonal or economic interests are in Spain. An example of your personal interests making you resident in Spain is if your spouse and/or (minor) children habitually live in Spain. An example of your economic interests making you resident in Spain is if the majority of your income/assets are in Spain.

If after applying these tests you realise that you are tax resident in Spain and do need to complete a tax return in Spain then you would need to include your Gibraltar income on the tax return butthe good news is that a tax credit is generally allowed for the Gibraltar PAYE tax paid reducing your liability to Spanish tax on your Gibraltar employment income.

Spanish resident tax returns have to be completedduring May and June in the following tax year. Therefore, 2017 tax returns need to be completed before the end of June 2018.

The regional autonomies are able to amend income tax rates (which has occurred inAndalusia). The 2017 Andalusian tax tables (plus allowances Spanish tax residents are entitled to) can be found on our Spanish tax rates page.

There is also a €60,100 exemption for Spanish residents working abroad, unfortunately if the employment income is earned in a black listed territory (Gibraltar is on the black list) then this exemption is not available, so is currently not available to cross border workers between Gibraltar and Spain.

If you need help in completing your tax returns or require further information please do not hesitate to contact us at: info@foresightconsultancy.com