Brussels files for Spain to change tax rules for non-residents

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Brussels files for Spain to change tax rules for non-residents
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Brussels files infringement proceedings to urge Spain to change tax rules for non-residents.

On Thursday, December 2, the European Commission launched infringement proceedings against Spain. The EU wants Spain to change its rules regarding the taxation of non-residents’ capital gains. Brussels believes that when the payments are made in instalments they are unfair.

According to the Commission, non-residents in Spain do not receive the same options for tax payments as residents do. They believe this is against EU rules on the freedom of capital, specifically mentioned in Article 63 of the founding Treaty of the EU.

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Brussels began the proceedings by sending a formal letter of notice. The letter allows the EU to inform the Spanish authorities of the problems found. Spain has two months to respond to the letter and come up with possible solutions.

The procedure could then follow a further two stages if no resolution is reached. The next stage would be to arrange a new deadline for options to be discussed. After that, the issue could be brought before the EU Court of Justice.


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Alex Glenn is a reporter for Spain’s largest English-speaking newspaper, Euro Weekly News. Formerly she worked in the NHS for 15 years until relocating to Spain in 2018. She loves the Spanish lifestyle, language and culture and spent several years learning Spanish before moving to Spain for a better quality of life. She has made her home in the mountains in Almeria, where she loves being part of a rural community that has a mix of both expats and Spanish residents. In her spare time, she enjoys hiking, reading and exploring the area where she lives.

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