European Commission Press Release March 7th 2019.
The Commission requests that SPAIN eliminate discrimination on taxation of non-resident individuals’ rental income
The Commission decided today to send a letter of formal notice to Spain asking it to eliminate a discriminatory tax treatment for non-residents on income derived from the letting of dwellings. For income tax purposes, resident individuals enjoy a reduction of 60% of the net income obtained from the letting of property used by the tenant as dwelling. However, this reduction is not available for non-resident individuals. Thus, investors from other EU or EEA states are subject to a different treatment that unduly restricts the free movement of capital (Article 63 of TFEU). If Spain does not act within the next two months, the Commission may send a reasoned opinion to the Spanish authorities.
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