3.1. Taxpayers

By personal obligation

Individuals who have their habitual residence in Spanish territory are subject to the tax by personal obligation, and the tax is required on all of their net assets regardless of where the assets are located or where the rights to which they are entitled can be exercised.

When a resident in Spanish territory takes up residence in another country, he or she may choose to continue paying personal taxes in Spain. The option must be exercised by filing the declaration for personal obligation in the first financial year when the person has ceased to be a resident on Spanish territory.

To determine habitual residence, the criteria established in the Personal Income Tax regulations will be followed.

Representatives and officials of the Spanish State abroad and of foreign Organizations, Institutions or States in Spain will be subject to the Wealth Tax by personal or real obligation, taking into account the same circumstances and conditions as those established for such taxpayers in the Personal Income Tax regulations.

By royal obligation

Natural persons who do not have their habitual residence in Spain and who are the owners of assets or rights that are located, can be exercised or must be fulfilled in Spanish territory are subject to real obligation.

These persons are required to file a declaration exclusively for these assets or rights.

Individuals who acquire their tax residence in Spain as a result of moving to Spanish territory for work reasons and who, under the provisions of article 93 of the Personal Income Tax Law, have chosen to pay the Non-Resident Income Tax, will also be subject to the real obligation, maintaining the status of taxpayers for the Personal Income Tax during the tax period in which the change of residence is made and the following five.

Since 1 January 2021, all non-resident taxpayers (and not only those who are residents of a Member State of the European Union or the European Economic Area) have the right to the application of the regulations approved by the Autonomous Community where the highest value of the assets and rights they own and for which the tax is required is located, because they are located, can be exercised or must be fulfilled in Spanish territory.