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Decisions that have to be taken

Almost no enquiry begins with explain modelo 303 to me. It begins with I do not know whether this or that suits me better. These are the twenty-two decisions that reach us most, each with its two columns and its figures.

Comparisons: this one or that one

Pensions abroad

Government service or social security pension →

It is the distinction that decides which country taxes you. Articles 18 and 19 of the model treaty, with civil service, military and teaching examples.

The 3 % on a purchase

Withholding the 3 % or not →

There is only one safe answer when the seller cannot prove residence. What happens if you do not withhold, and why the property itself answers for the debt.

Self-employed

Sole trader or limited company →

It is decided by the profit, not the turnover. Where an SL starts to pay off, what it costs to keep alive, and what you give up on the way.

Holiday lets

Holiday let or seasonal let →

VAT, licence, the owners association and the income tax reduction: the four things that change depending on how you let, with the figures of a real case.

Hotel-type services or not →

What counts as a hotel-type service and what does not: the line that decides today whether a Spanish let charges 10 % VAT, and which side suits your case.

Non-residents

Letting it or leaving it empty →

An empty flat is taxed too. What each option costs, at 19 % and at 24 %, and from how many months of occupancy letting starts to pay.

Beckham regime

The Beckham regime or the ordinary regime →

The flat 24 % does not always win. From what income it starts to pay, what the regime leaves out, and what you give up by electing into it.

Assets abroad

Modelo 720 or modelo 721 →

Assets abroad against cryptocurrency. Two separate declarations, two thresholds that are not added together, and the case of the foreign exchange.

Wealth tax

Wealth tax or the solidarity tax →

These are two taxes, not one. How they interlock, why a regional rebate does not save you from the second, and who ends up paying both.

Inheritance and gifts

Gifting now or leaving it in the estate →

Gift tax against inheritance tax, the municipal land tax everyone forgets, and the donor capital gain, which is the surprise every single time.

Filing late

Amended return or claim for rectification →

If you underpaid, an amended return. If you overpaid, a claim for rectification. The deadline each one has and the very different consequences they carry.

Paying in instalments

Deferring or paying in instalments →

Deferring postpones the whole payment; instalments split it up. Which one to ask for in your case, and what happens if you miss one.

A letter from the tax office

Request for information or limited review →

They look alike in the envelope and not in their consequences. How to tell them apart from the heading, and what a review closes that a request does not.

Certificate of residence

Ordinary or treaty certificate →

They are two different documents and your foreign payer will only accept one. How to know which is being asked for before you apply for it.

I sold a property

Selling as a resident or a non-resident →

The 3 % withheld, the reinvestment relief only one of them has, and the over-65 rule. The same sale with two very different tax bills.

Municipal capital gains

Municipal land tax: objective or real method →

Both are worked out and the lower one is paid, but you are the one who chooses. How each is calculated, with a full example, and when there is no tax at all.

Share plans

Stock options or RSUs →

One has to be exercised and the other does not. When the income arises in each case, what risk the employee carries, and what happens if there is no IPO.

ISO or NSO →

The favourable treatment of an ISO is American. What survives of that distinction once the employee is resident in Spain and taxed here.

Reinvesting in a new home

Reinvesting or paying the tax →

How much has to be reinvested to pay nothing, what happens if you reinvest only part, and when it is better not to claim the relief at all.

Benefit plus self-employment

Lump sum or benefit alongside the business →

The two routes exclude each other and both are applied for before you start. With which numbers each one wins, given your remaining benefit and the start-up cost.

Registering as self-employed

Registering before starting or waiting to invoice →

The legal answer is clear and the practice is full of nuance: what you risk by waiting, what it costs to move early, and what happens to the reduced contribution.

Invoicing abroad

Invoicing inside or outside the EU →

The ROI register, modelo 349, the reverse charge and proving where your client is. The rules change completely depending on where the customer sits.

How these pages are built

Each one takes a question we are asked every week, restates it properly — because it is usually asked backwards — and then sets the two options face to face in a table. After that comes when each one wins, what nobody tells you about the one that looks better, and what we would actually check before answering in your case.

None of them is a recommendation. A table with two columns cannot decide for you, because the answer depends on facts that are yours: where you are tax resident, what your property is worth on the cadastre, how many years you have owned it, which country pays your pension, what your plan documents say. What these pages do is tell you which facts matter, so that the conversation starts in the right place.

You own property in Spain and you let it

Three decisions that get confused with one another constantly. The first is about the kind of letting and the permissions it needs; the second is about VAT and is decided by what you undertake to provide; the third is about whether letting at all beats leaving the place shut.

You are selling, or you are buying from someone who lives abroad

A sale sets off three separate taxes and two different authorities, and the answers change depending on which side of the table you sit. If you are the buyer, one of these pages is about a liability that becomes yours on the day you sign.

You work for yourself

These four sit in chronological order, and taking them out of order is expensive: the shape of the business, the timing of your registration, what to do with an unemployment entitlement, and the VAT rules once your clients are not in Spain.

You have just moved here, or you are paid partly in shares

The inbound regime and share plans belong together more often than people expect, because the regime changes when equity is taxed and which part of it comes into the Spanish return at all.

Your money, or your family, is in more than one country

This is where most of our work sits. Nothing here is unusual for someone who has lived in two or three places: it only looks unusual from inside a single tax system.

Something has already gone wrong

These three are about timing more than about law. In all of them, the cost of the same facts changes depending on who moves first and how many months have gone by.

The case that fits neither column

Most of the enquiries we open do not sit inside one of these pages. They sit across two or three of them at once, and that is where the answer actually lives.

  • The year you move is the year you sell. A decision about a property and a decision about residence land in the same twelve months, and each one changes the other. Answering them separately produces two defensible answers and one wrong result.
  • The retired owner who also lets. A pension taxed in one country, a flat taxed in another and a letting that may or may not allow costs to be deducted. Three of these pages, one household.
  • The United States citizen living here. Filing continues in both systems whatever Spain decides, so the question is never simply which Spanish treatment is cheaper: it is how the two calendars, and the credits that run between them, line up.
  • The co-owners who no longer live in the same country. A couple, two siblings, a former partnership. Each share follows its owner, and almost every form in this collection then has to be filed twice, differently.
  • The person who arrived in the second half of the year. Spain does not split the tax year, so the arrival year rarely behaves like either column of anything. It has rules of its own, and it is the year where planning is most often lost.

If yours is one of those, the right starting point is not the page that looks closest. It is the one question that decides the rest — usually where you are tax resident for a given year — because once that is settled the other pages stop contradicting each other.

What to have in front of you before you choose

Almost every comparison in this collection unlocks with the same short set of documents. Gathering them takes an afternoon and saves the two or three exchanges that would otherwise be needed before anyone could give you a figure:

  • A certificate of tax residence for each year in question, issued by the country you were living in. Not a residence card, not a utility bill, not a padrón registration.
  • The deeds, if property is involved: the one by which you acquired and, where there is one, the one by which you sold, with the costs and taxes of each.
  • The latest IBI receipt, which carries the rateable value that half of these pages are calculated from.
  • The returns you have already filed in Spain and elsewhere for the last four years, and any letter received about them.
  • The contract: employment, tenancy, share plan or management agreement, complete and with its schedules rather than the summary you were sent.
  • The dates. Arrival, departure, grant, vesting, completion, death, gift. Nearly every wrong answer in tax comes from a date that was assumed rather than checked.

What we do not do on these pages

We do not promise outcomes. Where a point is genuinely arguable we say so and explain the risk on each side, rather than presenting one reading as settled. Where the figures are illustrative — coefficients, thresholds, rates that each region sets for itself — we say that too, because a number lifted from an example and applied to a different case is worse than no number at all. And we do not advise on foreign law: if your case needs somebody in another country, we will say so and coordinate with whoever you appoint.

If your question is not here, tell us anyway. Two minutes of a form and we answer with your case rather than with a general article. The fees are on pricing and the process is on how it works.

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