Modelo 100 AEAT
Do I have to file?
Must I pay taxes in both countries?
Who can prepare the 100 and 1040 for me?
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 €14,000 if it comes from more than two payers; employment income not subject to wityhholding lower than €14,000. As tax resident in Spain, you are taxed in Spain over the 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 certain amount.
When do I have to submit my Spanish tax return?
The filing period starts on April 7th and ends on June 30th. If you are from the U.S.A. you must file you Spanish Tax Return first and then your US Tax Return. This way you can deduct the taxes paid in Spain from you US declaration, thus avoiding double taxation as outlines in the Treaty between Spain and the U.S.A.
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 deducting that amount from your U.S. Tax Return as Foreign Tax Credit. The Treaty to avoid the doble taxation specifically classifies the different incomes and the percentage that you must pay in each country.
What income do I have to include in the 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 your income, from all sources, received during 2020 fiscal year. Some exceptions may apply to exempt income.
What are the consequences of not including all my income in the Spanish tax return?
In case you do not include some of your worldwide income you will probably receive a liquidation form the Spanish tax administration including the income not declared plus the corresponding penalty. There is an automatic exchange of information between Spain Tax Agency (AEAT) and the IRS, due to FATCA. Additionally, the statute of limitation of 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 limitation of 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 the 1040, do I also have to file the Spanish 100?
Yes, according to Spanish Law, all residents in Spain are required to file the Spanish tax return. According to the U.S. Law all citizens must file a U.S. Taxes Return in the USA. However, there is an agreement between the two countries to avoid the double taxation. As a fiscal resident I Spain, you must pay the taxes in Spain.
Who can prepare the 100 and 1040 for me?
In general, it is recommended that the same preparer prepares the American and Spanish taxes, especially in the case of the AEAT 100 and the IRS 1040.
This ensures that the information is the same. It is also important that the preparer knows the taxation Laws of both countries and has a deep knowledge of the Double Taxation Treaty.
Otherwise, it is very likely that one or both returns may contain errors.
At U.S. Tax Consultants we are IRS Certified Tax Preparers and Acceptance Agents and have over 56 years of experience in U.S. and Spanish tax filing.
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