Trusts and foundations on Spanish Tax Journal — Álvaro Crespo Garcíahttps://spanishtaxjournal.com/en/materias/trusts/Recent content in Trusts and foundations on Spanish Tax Journal — Álvaro Crespo GarcíaSpanish Tax Journal — Álvaro Crespo Garcíahttps://spanishtaxjournal.com/img/og-cover-en.pnghttps://spanishtaxjournal.com/img/og-cover-en.pngHugoen-USThe tax regime of Law 49/2002 does not apply automatically to non-resident foundations: the TEAC requires the prior election to exclude taxation under the IRNRhttps://spanishtaxjournal.com/en/2026/05-02/teac-non-resident-foundation-spanish-real-estate/Sat, 02 May 2026 00:00:00 +0000https://spanishtaxjournal.com/en/2026/05-02/teac-non-resident-foundation-spanish-real-estate/The TEAC, in its decision of 19 February 2026 (claim 7969/2022), confirms that the non-resident foundation that receives real estate in Spain by inheritance is taxed on the capital gain under the Non-Resident Income Tax (IRNR) where it has not expressly opted into the Law 49/2002 regime.The DGT consolidates the tax transparency of the foreign trust: the inter vivos contribution is not a gift for personal income tax purposes and the mortis causa transfer to the resident beneficiary opens access to regional inheritance tax ruleshttps://spanishtaxjournal.com/en/2025/09-18/dgt-foreign-trust-tax-transparency-isd-irpf/Thu, 18 Sep 2025 00:00:00 +0000https://spanishtaxjournal.com/en/2025/09-18/dgt-foreign-trust-tax-transparency-isd-irpf/Two binding rulings of 2025 —V0022-25 of 9 January and V1700-25 of 18 September— apply the doctrine of the foreign trust as an institution not recognised in Spain. Under V0022-25, contributing shares to an irrevocable trust is not a gift for the purposes of article 33.3.c) of the Personal Income Tax Act. V1700-25 refers to V0986-25 and adds that, since the transfer is direct from father to daughter, regional kinship reliefs could apply, on which the DGT does not rule.International trusts and inbound workers: the regime of article 93 of the Personal Income Tax Act does not neutralise the resident beneficiary's inheritance tax exposure under personal obligationhttps://spanishtaxjournal.com/en/2025/06-10/international-trusts-and-inbound-workers-the-regime-of-article-93-of-the-personal-income-tax-act-does-not-neutralise-the-resident-beneficiarys-inheritance-tax-exposure-under-personal-obligation/Tue, 10 Jun 2025 00:00:00 +0000https://spanishtaxjournal.com/en/2025/06-10/international-trusts-and-inbound-workers-the-regime-of-article-93-of-the-personal-income-tax-act-does-not-neutralise-the-resident-beneficiarys-inheritance-tax-exposure-under-personal-obligation/The Spanish Directorate-General for Taxation (DGT), in binding ruling V0986-25, confirms that a beneficiary resident in Spain under the Beckham regime does not report, for wealth tax or the solidarity tax on large fortunes, the assets of trusts set up by her father, resident in Panama, while he is alive, and that on the settlor's death she will be liable to Spanish inheritance tax under personal obligation on all the assets she acquires, wherever located.Spanish real estate contributed to a Liechtenstein Stiftung: Non-resident Income Tax for the founder, no Inheritance and Gift Tax for the foundation (V0781-16)https://spanishtaxjournal.com/en/2016/02-25/dgt-v0781-16-stiftung-liechtenstein-irnr-isd/Thu, 25 Feb 2016 00:00:00 +0000https://spanishtaxjournal.com/en/2016/02-25/dgt-v0781-16-stiftung-liechtenstein-irnr-isd/In ruling V0781-16 the Spanish Directorate-General for Taxation (DGT) analyses the contribution of Spanish real estate to a Liechtenstein Stiftung or Anstalt by a non-resident founder. The founder is taxed under Non-resident Income Tax on the capital gain; the foundation, a non-resident legal person, is not subject to Inheritance and Gift Tax; that tax arises when beneficiaries gain access to the assets.