The tax agency (Agencia Tributaria) and the income tax return in Spain
La Agencia Tributaria y la declaración de la renta
IRPF is withheld from the payslip, but many taxpayers must file the income tax return each year between April and June.
Overview
The Spanish tax agency (Agencia Tributaria or AEAT) collects national taxes and manages returns. As an employee income tax (IRPF: Impuesto sobre la Renta de las Personas Físicas) is withheld from your salary directly, but this does not free you from knowing your system: you may have to file an annual return (declaración de la renta or la Renta), and you may recover an amount or pay a difference.
Tax residence is determined by staying more than 183 days a year. This guide explains the tax ID number, withholding from the salary, the annual return and when it is compulsory, how to file it electronically, deductions, value-added tax and other taxes, mistakes and penalties, and where to get help. This is general information and not tax advice.
The tax ID number and tax residence
For foreign individuals the NIE is also the tax identification number (NIF), which you use in every tax transaction.
- You are considered a tax resident of Spain if you stay more than 183 days in the calendar year or if your centre of economic interests is there, and then you are subject to income tax on your worldwide income.
- Non-residents are subject to tax on their income from a Spanish source (form 210) at different rates.
- No one is exempt from responsibility because of ignorance of the rules, so check your status early.
- And some qualified foreign workers may benefit from a special tax regime for arrivals (régimen de impatriados) under precise conditions, so ask a reliable tax adviser.
Withholding from the salary
The employer withholds monthly part of your salary as a payment on account of income tax (retención de IRPF) according to your income, family situation and number of children, and sends it to the tax agency.
- It appears on the payslip (nómina) alongside your social security contribution.
- Progressive brackets are applied to income, and differ slightly by autonomous community.
- The actual withholding may be more or less than the final tax, and the difference is settled in the annual return.
- You can tell the employer about your family situation (modelo 145) so that he adjusts the withholding.
- Read your payslip and check the percentage, and ask payroll about anything unclear.
The annual return: who files, when and how
The return (modelo 100) must be filed by those whose income exceeds a certain limit (about 22 thousand euros from a single employer, and much less with more than one payer or income from capital or rent), and by those entitled to a refund or deductions.
- Returns are usually filed from April to the end of June for the previous year, via the tax agency's site with Cl@ve or the digital certificate or by phone or appointment.
- The agency sends you a borrador, that is a draft pre-filled with the employer's and bank's data, and you review it, add what is missing and confirm it. The calculation may lead to a refund or payment (deducted from your account or paid in instalments).
- Do not ignore your date, since delay means fines and interest.
Deductions and tax credits
Tax has deductions according to your situation: the personal and family minimum (mínimo personal y familiar) depending on age, children and disability, work expenses deduction (gastos deducibles) in a fixed amount, deduction for contributions to pension plans, deductions for some spending such as rent for housing in certain areas and home purchase before 2013, donations to associations, the maternity deduction for children in nursery (deducción por maternidad), and regional deductions that differ by your region.
- Keep invoices and receipts for several years.
- For low wages you may not pay tax at all.
- If you have special costs ask an adviser.
- And the official Renta Web service exists for the return and provides phone help and appointments at the agency's offices.
Other taxes, mistakes and help
Value-added tax (IVA) is included in prices at 21 per cent for most, 10 per cent for food and transport and 4 per cent for essentials (bread and milk).
- Other taxes: property tax (IBI) and vehicle tax (IVTM) on the owner, waste charge, and purchase and inheritance tax in the regions.
- If you discover a mistake in your return submit an amending return quickly, since voluntary correction is better than a fine.
- If the agency sends you a notice (requerimiento) reply within the deadline.
- To object to an assessment submit a recurso de reposición within one month.
- The tax office provides free help, and there are tax advisers (gestorías) at reasonable cost, and some associations help migrants.
- Beware of fake text messages that impersonate the agency.
Step by step
- 1
Check your tax residence and that your NIE is your NIF.
- 2
Review your payslip to know the withholding percentage.
- 3
Tell the employer your family situation (modelo 145).
- 4
Wait for the borrador and file the return before the end of June.
- 5
Keep invoices for deductions.
- 6
Correct mistakes quickly or object within a month.
Documents checklist
- NIE or TIE and Cl@ve or the digital certificate.
- Payslips and the withholding certificate from the employer.
- Bank account proof.
- Invoices of deductible spending.
- Rental contract when needed.
Key vocabulary
- laAgencia Tributariatax agency
- elIRPFincome tax
- ladeclaración de la rentaincome tax return
- laretenciónwithholding
- elborradordraft
- ladeduccióndeduction
- elIVAVAT
- ladevoluciónrefund
- elNIFtax ID number
- lasanciónpenalty
- lagestoríaadministrative advisory office
Useful phrases
- Tengo que presentar la declaración de la renta.I have to file the income tax return.
- ¿Cuánto es mi retención de IRPF?How much is my IRPF withholding?
- ¿Hasta cuándo puedo presentarla?Until when can I file it?
- ¿Puedo deducir los gastos del alquiler?Can I deduct the rent expenses?
- He detectado un error en el borrador.I have detected an error in the draft.
- Necesito ayuda con la Renta.I need help with the tax return.
At the gestoría
Gestora
Buenas tardes. ¿En qué puedo ayudarle?Good afternoon. How can I help you?Tú
Buenas tardes. Quiero hacer mi declaración de la renta. Es mi primer año trabajando aquí.Good afternoon. I want to do my income tax return. It is my first year working here.Gestora
¿Tiene su NIE y el certificado de retenciones de su empresa?Do you have your NIE and the withholding certificate from your company?Tú
Sí, y también las facturas del alquiler y de mi curso.Yes, and also the invoices for the rent and my course.Gestora
Muy bien. Es posible que le salga a devolver.Very good. You may get a refund.Tú
Qué bien. ¿Cuánto cuesta el servicio?Great. How much does the service cost?
Common mistakes
- Ignoring the compulsory return so that fines are imposed.
- Not telling the employer of a family change so the withholding is wrong.
- Entering Cl@ve details on a fake site.
- Not keeping invoices and losing deductions.
Cultural tips
- Use the official Renta Web and check the borrador carefully.
- Take an appointment at the tax office if you are not confident.
- Store copies of returns for at least five years.
- Ask a reliable association or gestoría for complex income.
Official links
Check yourself
Question 1 of 5
When is the tax return season?