Do I have to file a Spanish income tax return?
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If you are tax resident in Spain, you must file unless your income stays within the legal limits: for example, up to €22,000 a year of salary from one payer, plus up to €1,600 of interest, dividends and gains taxed at source. Anyone registered as self-employed at any time in the year must file.
Key facts
| What | The law says | Source |
|---|---|---|
| General rule | Taxpayers must file, within the limits and conditions set by regulation | Ley 35/2006, art. 96.1 |
| Salary from one payer | No return up to €22,000 a year | Ley 35/2006, art. 96.2.a |
| Salary from several payers | €22,000 still applies if the second and later payers together paid no more than €1,500; otherwise the limit is €15,876 | Ley 35/2006, art. 96.3.a |
| Other cases with the €15,876 limit | Maintenance payments from a spouse or child-support annuities (other than exempt ones); a payer not obliged to withhold; employment income subject to a fixed withholding rate | Ley 35/2006, art. 96.3.b–d |
| Interest, dividends and gains taxed at source | Joint limit of €1,600 a year | Ley 35/2006, art. 96.2.b |
| Imputed real estate income, untaxed Treasury bill income, some public aid | Joint limit of €1,000 a year | Ley 35/2006, art. 96.2.c |
| Very small income | No return in any case for employment, capital and business income and gains up to €1,000 a year jointly, with losses under €500 | Ley 35/2006, art. 96.2 |
| Self-employed | Must file if registered in the self-employed (RETA) or sea workers’ Social Security scheme at any time in the year | Ley 35/2006, art. 96.2 |
| Always file | Taxpayers entitled to the international double taxation deduction, or making contributions to pension plans and similar schemes that reduce the tax base | Ley 35/2006, art. 96.4; RD 439/2007, art. 61.1 |
How the limits work
The law says these limits apply to taxpayers whose income comes exclusively from the listed sources, filing individually or jointly.
The €22,000 and €15,876 limits are on gross employment income (rendimientos íntegros del trabajo).
A note on the €15,876 figure
The consolidated law (art. 96.3) sets the lower employment income limit at €15,876. The consolidated regulation (RD 439/2007, art. 61.3.A.2º) still shows €15,000 for the same cases.
Getting a refund
Where you are obliged to file, the regulation says you need to file to ask for a refund of tax withheld or paid on account (RD 439/2007, art. 61.4).
Related questions
- When you become resident: see the page on the 183-day rule (Ley 35/2006, art. 9).
- When the return is due: see the page on the filing deadline.
Sources
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This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.