214 form

[sick and tired]

can anyone advise me where i can download the 214 tax form and how easy are they to fill in and where do i send it to when i have and do i send money with it or wait for a bill?

[Nige]

There was a brilliant thread about this but can't find it !
In the meantime, you can download a MODELO 214 form to look at here:
http://descargas.aeat.es/formularios/ca ... od214e.pdf

This is from the www.aeat.es (La Agencia Tributaria otherwise known as Hacienda) website under MODELOS (on left hand side) .
To fill in the form you may need to look at these instructions (in Spanish) from the same site:
http://www.aeat.es/formularios/captura/214e/ayu214e.htm

Will leave others to comment on the details needed to fill in ! (Beach - where are you )
You should collect a copy of this form from your nearest Hacienda office and also you need some sticky labels with a bar code from the same office. The sticky label showing your name and address includes your NIE number.
When the amount to be paid is calculated, the form with your sticky label affixed to the place on the top saying: "Espacio reservado para la etiqueta identificativa"
This has a bar code that can be scanned when you take the form to your bank. It is then automatically processed by your bank.

[Nige]

Forgot something. For a Non resident owning property in Spain, there is also an English explanation of this at the Hacienda's site:
http://www.aeat.es/normlegi/noreside/en ... ellinf.htm

[Beachcomber]

I have posted this twice before but I think Andalucia.com must erase old posts in order to save server space!! Anyway, here we go again.

The wealth tax (patrimonio) is calculated at 0,2%, up to €167.129,45 and on a sliding scale thereafter, of the highest of the three following values

Valor Catastral (rateable value)
Any revised value imposed by the tax authorities
Escritura value

The income tax (renta) is calculated at 25% of 2% of the valor catastral (1,1% if it has been revised since 1st January 1994.

The simplified 214 form can only be used if just one property is owned and a separate declaration has to be made in respect of each person named in the title deed with the base upon which the taxes are calculated divided by the number of owners. The taxes can be paid at any time during the year following that in which they become due at any bank.

If more than one property with a different referencia catastral is owned (even if it is just a lock-up or a garage) the declarations have to be done on form 714 for the patrimonio and for 210 for the renta and the declaration has to be made from the 1st May to 20th June in the year following that for which the taxes are due. It is still individual declarations for each owner. All of the properties may be listed on one form 714 for the patrimonio but a separate form has to be submitted for each property in respect of the renta.

If you rent out your property you should pay separate taxes on these rentals pro rata according to the number of days that it is rented.

Many non-resident property owners have ignored these taxes up until now but the tax authorities are now cross-checking property ownership with tax declarations so they are ignored at one's peril. Remember, they can claim back taxes for the past four years once you get caught.

Non-payment of these taxes will also prejudice any refund that is due from the 5% retention made on account of the seller's capital gains tax liability when the property is sold.

[sick and tired]

thanks everyone great info

[marios]

Beach,I know you are the resident tax expert but from another forum I was told from a good source that as a non resident I can still claim relief on the mortgage if I have it from a spanish bank to buy a spanish property,is that correct.

[El Cid]

You can only claim tax relief on a mortgage if you are paying Spanish income tax.

As a non resident you cannot claim as you are not paying income tax.

Anyway, you can only claim mortgage relief against your primary residence and as a non resident your house cannot be considered as a primary residence.

Sid

[Beachcomber]

Marios, Sid is actually the tax expert but I can confirm that the information he has given is correct.

Non-residents have no allowance in Spain although I am aware of people who pay tax as non-residents claiming it back from the UK Inland Revenue (or whatever they call it now) presumably because they are also paying UK tax on the rental of their Spanish property.

[marios]

Yes looks like the other poster is wrong thats what I believed the position was as well.

[estepona]

My solicitor has offered to complete the Income & Wealth Tax declaration on my behalf at a cost of 348,58 € (V.A.T. included). This seems like quite a lot just to submit a form which seems relatively straightforward. My problem is that I hardly speak Spanish, only basic stuff, so this form is beyond my capabilities.

Is this something I could do myself while still in the UK if I could find someone to translate, or is it advisable to get someone who knows what they're doing to do it? From the above post it seems I have to get a form in Spain rather than download it.
Has anyone used a solicitor that they could recommend which is any cheaper than I've been quoted? Would the bank where I hold my mortgage be able to do it?

Thanks!

[Beachcomber]

You can use a downloaded form but it has to be presented to a Spanish bank for payment.

[estepona]

So I just download the form, ask a friend who can speak Spanish to help fill it out and post it to my bank(I have accounts at two banks. One for my mortgage and one for general payments.)? Which bank should I send it to? My own, or a particular one for the collection of taxes?

[charilla]

I bought my House in late 2004. Obviously I will have to pay the full ammount next year but How does this tax work for part years? ie October to December 2004.

[Beachcomber]

Estepona, I'm not sure about sending it through the post. Is there not someone in Spain whom you trust to whom you could send the form and the cash? It can be paid at any bank, not necessarily your own.

If you must send it to your own bank send it to the one where you have your current account and make a prior arrangement with them. You need to end up with the blue copy as a receipt for payment.

Charilla, I would say pay the taxes pro rata according to the length of time you have owned it during 2004. However, I have seen on one web site that you can only pay the renta pro rata and that the patrimonio should be paid in full.

If you, at least, pay something I shouldn't think anyone will query it!!

[Grouser]

Don't forget about the etiquettas. these were also covered on the previous thread. You need to go to the tax office and get them printed out. They are a sticky label with a bar code which identifies you, that you stick on your form when you take it to the bank for payment.

[Jade138]

You can only claim tax relief on a mortgage if you are paying Spanish income tax.
Yes, DH did that.

As a non resident you cannot claim as you are not paying income tax.
He is allowed to claim as he pays income tax.

Anyway, you can only claim mortgage relief against your primary residence and as a non resident your house cannot be considered as a primary residence.


Sid

[El Cid]

You can only claim tax relief on a mortgage if you are paying Spanish income tax.
Yes, DH did that.

I don't know who DH is but the tax situation is as follows.

Non residents pay tax on the “imputed” rental income from their property. They declare it on form 214 and there are no deductions.

Non residents who actually rent out their property pay “non residents income tax” on the income at 25% less an allowance for maintenance. This is declared on form 210 and there is no allowance for a mortgage.

Residents who have more than one property are assessed with the same “imputed” rental income and it is added to their normal taxable income.

Residents who actually rent out their property or properties are only taxed on 50% of the income and can claim a large number of allowances including the mortgage repayments (interest and capital repayment). The allowances only go against the rental income – they cannot spill over into the normal income tax. This net rental income is declared on form 100 which is the normal residents “Renta” income tax declaration and it is declared in a special section of the form.

Residents who have a mortgage on their primary residence can claim mortgage repayments up to a limit of 9000 euros. This allowance is a minimum of 15% of the mortgage payments so if you reach the 9000 limit the allowance will be 1350. Under certain circumstances it can be just over 2000. This is not actually an allowance, it is a deduction so it comes straight off the tax bill.

Sid

[Jade138]

Residents who have a mortgage on their primary residence can claim mortgage repayments up to a limit of 9000 euros. T
Sid

Thanks Sid for the detailed explanation. Apology for being presumptuous.. 'DH' was referring to my husband.
His office helped him to fill up the Income tax form. At the bank when I submitted the forms for endorsement by the bank Manager, he pointed out to an amount stipulated on the form that we should be receiving the rebate from the tax office.

I bought a bottle to celebrate the same evening pertaining to the good news.