Modelo 100 AEAT
Do I have to file?
Must I pay taxes in both countries?
Who can prepare the 100 and 1040 for me?
VÍDEO
QUESTIONS AND ANSWERS ABOUT MODELO 100
Find out the answers to the main questions about
Modelo 100 in less than 4 minutes.
Do I have to file Modelo 100 IRPF?
All fiscal residents in Spain must file the Modelo 100 IRPF annually and include their worldwide income. Some limits apply to the obligation to declare, among others: employment income subject to Spanish withholding tax lower than €22,000 or €15,876 if it comes from more than two payers; employment income not subject to withholding lower than €15,876. It is important to note that Autonomous workers (self-employed) are required to declare their income, regardless of their income. As a tax resident in Spain, you are taxed in Spain on your worldwide income.
Do I have to file the Wealth Tax (Modelo 714 Patrimonio)?
All fiscal residents in Spain must file the Modelo 714 if the threshold applies to them. Every region in Spain has different regulations and thresholds: In Madrid, Vizcaya, and Álava, you are exempt from paying taxes, but in the rest of the country, you might have to pay a Wealth Tax if your wealth value is over a certain amount.
For more precise information, please click HERE
When do I have to submit my Spanish tax return?
The filing period runs from the beginning of April through June 30th. If you are from the U.S., you must file your Spanish Tax Return first, then your U.S. tax return. This way, you can deduct the taxes paid in Spain from your US declaration, thus avoiding double taxation as outlined in the Treaty between Spain and the U.S.
If I file a joint return in the US, do I also have to file a joint return in Spain?
No. In Spain, it is almost always more advantageous to file joint return when there is only one breadwinner and the other is a dependent with no income.
Do I have to pay taxes in both countries?
No, generally you will only have to pay taxes in Spain, and you can claim that amount as a Foreign Tax Credit on your U.S. Tax Return. The Treaty to avoid double taxation specifically classifies income types and the applicable rates in each country.
Which income should I include in my Spanish tax return?
As a rule, if you are a resident in Spain, your worldwide income must be declared in the Spanish tax return. This includes all income from all sources received in the last year. Some exceptions may apply to exempt income
What are the consequences of not including all my income on the Spanish tax return?
In case you do not include some of your worldwide income, you will probably receive a liquidation from the Spanish tax administration, including the income not declared, plus the corresponding penalty. There is an automatic information exchange between the Spanish Tax Agency (AEAT) and the IRS under FATCA. Additionally, the statute of limitations for the Spanish tax return is four years.
What are the penalties for not declaring all my income?
If the taxpayer voluntary files the tax return late, the penalties for filing late are between 5% and 20% of the tax owed. If it is the AEAT that regularizes the situation the penalty can vary between a 50% to 150% of the amount owed. It must also be considered that the AEAT values as aggravating the data concealment.
If I did not declare some income in the past, can I file an amendment?
Yes, the statute of limitations for the Spanish tax return is four years. In case you did not include some income in the past, you can file an amendment including the income. In that situation, you would receive a penalty of 5% to 20% of the amount owed.
Even if I file Form 1040, do I also need to file Spanish Modelo 100?
Yes, under Spanish Law, all residents of Spain are required to file a Spanish tax return. Under U.S. Law, all citizens must file a U.S. tax return. However, the two countries have agreed to avoid double taxation. As a fiscal resident in Spain, you must pay taxes in Spain.
Who can prepare the 100 and 1040 for me?
In general, it is recommended that the same preparer handle both American and Spanish taxes, especially for the AEAT 100 and the IRS 1040.
This ensures the information is consistent. It is also important that the preparer knows the tax laws of both countries and has a deep understanding of the Double Taxation Treaty.
Otherwise, one or both returns may likely contain errors.
At U.S. Tax Consultants, we are IRS-certified tax preparers and Acceptance Agents with over 60 years of experience in U.S. and Spanish tax filing.
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How can I ask you to prepare the Modelo 100 for me?
Please send the documentation, and we will call you to confirm whether we need any clarification. If you were a fiscal resident of Spain in the past, we will need a copy of your most recent Spanish Tax Return and additional documents.
If you have a property for rent, please use our Excel spreadsheet to help, which you can download HELPRENT
You can find the complete list of required documents at the: List of required documents.
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It is essential that you upload the documentation to us via the Secure Encrypted File Transfer System in the Client’s Area on our website
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