Gibraltar employees and their cross border taxation position
As anyone who works in Gibraltar is already aware, employment income is taxed at source under the PAYE (Pay As You Earn) regulations, irrespective of where they live. Allowances (if claimed) and rates are based on personal circumstances and income during a Gibraltar tax year which commences on 1st July and ends on the following 30th June. Shortly after the tax year, tax returns are issued which should be submitted by 30th November. The tax office then processes the tax returns and issues an assessment.
If you are tax resident in Spain, and believe that your tax obligation ends by paying tax at source in Gibraltar then you are mistaken. You are deemed to be Spanish tax resident if you spend 183 days or more in Spain in any Spanish tax year (the calendar year). When determining this, temporary absences are ignored, unless you can prove that you are resident in another country.
If you do not spend 183 days in Spain, the tax authorities can still deem you Spanish tax resident if your centre
personal or economic interests are in Spain. An example of your personal interests making you resident in Spain is if your spouse and/or (minor) children habitually live in Spain. An example of your economic interests making you resident in Spain is if the majority of your income was generated in Spain.
It is important to note that tax residency is based on the above rules, and not whether you have obtained “residencia” from your local police station which is primarily used for immigration purposes.
As a Spanish tax resident you are generally liable to Spanish tax on your worldwide income, capital gains (as they arise) and wealth, (wherever located), meaning that your Gibraltar employment income will automatically be liable to Spanish tax.
You are obliged to complete a Spanish tax return if you have employment income over €22,000, but it is very easy for this figure to be reduced to the limit of €10,000 (i.e. if you change employment etc). Therefore, if you are resident in Spain and earn over these limits in Gibraltar, you are legally obliged to complete a Spanish tax return.
Spanish resident tax returns need to be completed during May and June in the following tax year (the calendar year) in question. Therefore 2015 tax returns would need to be completed during May and June 2016.
When completing your Spanish resident tax return you will need to declare your Gibraltar income and Gibraltar PAYE tax, fortunately in practice, the Spanish tax authorities allow a credit for Gibraltar tax paid.
It is worth comparing the Gibraltar and Spanish tax rates to help you get an idea of whether you could be liable to pay extra tax in Spain on your income.
Gibraltar tax rates
You can opt from one of two tax systems in Gibraltar which operate in parallel to each other. The Gibraltar tax system is covered in the Gibraltar tax rates and allowances
section of our website.
Spanish tax rates
The central Government Spanish income tax rates are as follows: