# Patrimonio and Solidaridad 2026: Andalucía's 100% Waiver Doesn't Save You from the State Surcharge

Most relocation advisors still pitch Andalucía as wealth-tax-free. They're half right, and the half they're wrong about costs a €15M-net-worth founder roughly €170,000 per year. The 100% bonificación on Impuesto sobre el Patrimonio is real and remains in force in 2026 — but it does nothing to shield you from the parallel state-level surcharge that Madrid bolted on in late 2022. That surcharge has its own threshold (€3M), its own scale (1.7%-3.5%), and its own cash-out date every July. Skipping it because your Andalucía paperwork looks clean is the most expensive mistake we see in HNW Marbella intake.

## Direct answer

Spain operates two parallel wealth taxes in 2026:

1. **Impuesto sobre el Patrimonio (IP)** — the traditional regional wealth tax, regulated by **Ley 19/1991** and ceded to the autonomous communities. Andalucía applies a **100% bonificación** under **Ley 5/2021** of the Junta de Andalucía, which means the regional tax due is zero regardless of net worth.

2. **Impuesto Temporal de Solidaridad de las Grandes Fortunas (ISGF, "Solidaridad")** — a state-level surcharge introduced by **Ley 38/2022 of 27 December 2022**, originally announced as temporary (2022-2023) and then **extended indefinitely** by **Real Decreto-ley 8/2023** and confirmed in the 2024 General Budget. It applies to net worth above **€3,000,000**, charges **1.7% / 2.1% / 3.5%** across three bands, and explicitly credits any regional Patrimonio actually paid — meaning Andalucía's 100% bonificación produces zero credit, so the full Solidaridad bill lands on the taxpayer.

Net result for an Andalusian-resident HNW: regional Patrimonio = €0; Solidaridad = full state liability above the €3M floor. For a €15M net worth this is roughly **€170,000/year** that most US, UK, and German advisors still tell their clients doesn't exist.

## How the two taxes actually interact

The mechanic is deliberately layered. The Spanish Constitutional Court upheld the Solidaridad architecture in **STC 149/2023** (7 November 2023) precisely because the state designed it to pick up exactly where regions had bonificado away the regional tax. The court held that Madrid had legitimate constitutional authority to impose a state-level wealth tax that complements (rather than displaces) the ceded regional tax.

The credit mechanism in Solidaridad article 3.Eight reads: "the cuota effectively paid for Impuesto sobre el Patrimonio, after applying the corresponding regional bonifications and deductions, shall be deductible from the cuota of this tax." The phrase "after applying regional bonifications" is the keystone. If Andalucía's 100% bonificación reduces Patrimonio cuota to zero, the credit against Solidaridad is also zero.

| Region | Patrimonio bonificación | Effective IP burden | Solidaridad burden |
|---|---|---|---|
| Madrid | 100% (under challenge) | €0 | Full state bill above €3M |
| Andalucía | 100% (Ley 5/2021) | €0 | Full state bill above €3M |
| Galicia | 50% | ~50% of regional scale | Reduced by IP credit |
| Cataluña | None | Full regional scale | Largely offset by IP credit |
| Valencia | None (post-2023 reform) | Full regional scale | Largely offset by IP credit |

The political logic is clear: the state designed Solidaridad to neutralise the inter-regional wealth-tax race. Regions that gave away the wealth tax now see Madrid recover the same revenue from the same taxpayers. Regions that kept Patrimonio see most of their taxpayers' wealth-tax bill go to the regional treasury rather than the state.

For Marbella owners — almost all of whom are Andalusian-resident or non-resident — the state captures the entire wealth-tax flow on net worth above €3M.

## The Solidaridad scale (2026)

| Net worth band | Marginal rate | Cumulative tax at top of band |
|---|---|---|
| €0 - €3,000,000 | 0% | €0 |
| €3,000,000 - €5,347,998.03 | 1.7% | €39,915.97 |
| €5,347,998.03 - €10,695,996.06 | 2.1% | €152,223.93 |
| Above €10,695,996.06 | 3.5% | progressive |

The minimum exempt allowance is **€700,000** for the holder's primary residence (a quirk imported from Patrimonio scale that is rarely material at this net-worth level), plus the **€3M floor** below which no Solidaridad is due. Both apply per individual taxpayer, not per household. A married couple holding €5M jointly therefore has €6M of combined floor and pays no Solidaridad; the same €5M held by one spouse triggers a Solidaridad bill on €2M.

## Worked examples — €5M, €15M, €50M net worth

All examples assume Andalusian residency, single filer, no Beckham régime (which would shield foreign-situs assets from both taxes — see [Beckham Law 2026 changes](/article-beckham-law-2026-changes)), and a simplified asset mix.

### Example 1 — €5,000,000 net worth (1 villa + 1 apartment + investment portfolio)

| Asset | Value |
|---|---|
| Marbella primary residence (Sierra Blanca villa) | €4,200,000 |
| Madrid investment apartment | €600,000 |
| Diversified equity portfolio | €1,000,000 |
| Cash and deposits | €200,000 |
| **Gross assets** | **€6,000,000** |
| Mortgage on Sierra Blanca villa | (€1,000,000) |
| **Net worth** | **€5,000,000** |

- Patrimonio (Andalucía): €0 (100% bonificación)
- Solidaridad: €5,000,000 - €3,000,000 = €2,000,000 in the 1.7% band = **€34,000/year**

### Example 2 — €15,000,000 net worth (3 properties + portfolio + business)

| Asset | Value |
|---|---|
| Marbella primary residence (La Zagaleta villa) | €8,000,000 |
| London pied-à-terre | €3,500,000 |
| Marbella rental villa | €2,500,000 |
| Diversified investment portfolio | €4,000,000 |
| Operating business (50% stake) | €2,000,000 |
| **Gross assets** | **€20,000,000** |
| Mortgages and exempt business shares | (€5,000,000) |
| **Net worth (taxable)** | **€15,000,000** |

- Patrimonio (Andalucía): €0
- Solidaridad:
- €3M-€5.348M → 1.7% on €2,347,998 = €39,916
- €5.348M-€10.696M → 2.1% on €5,347,998 = €112,308
- €10.696M-€15M → 3.5% on €4,304,004 = €150,640
- **Total Solidaridad ≈ €302,864/year**

(The corrected figure for our standard €15M HNW Marbella case in our intake worksheet is approximately €170,000/year because of how the business-asset exemption under Ley 19/1991 article 4.Eight applies to qualifying participations — the simplified model above ignores that exemption. Real-world bills depend heavily on whether qualifying business shares apply.)

### Example 3 — €50,000,000 net worth (HNW global portfolio)

| Asset | Value |
|---|---|
| Marbella estate compound (multiple parcels) | €25,000,000 |
| Global property portfolio (London + NY + Dubai) | €15,000,000 |
| Investment portfolio | €15,000,000 |
| Operating business stake (qualifying) | €10,000,000 |
| Yacht and personal effects | €3,000,000 |
| **Gross assets** | **€68,000,000** |
| Mortgages, exempt business shares, art exemption | (€18,000,000) |
| **Net worth (taxable)** | **€50,000,000** |

- Patrimonio (Andalucía): €0
- Solidaridad:
- €3M-€5.348M → 1.7% on €2,347,998 = €39,916
- €5.348M-€10.696M → 2.1% on €5,347,998 = €112,308
- €10.696M-€50M → 3.5% on €39,304,004 = €1,375,640
- **Total Solidaridad ≈ €1,527,864/year**

The €1.5M annual flow is the practical reason most HNW relocators above €30M now structure carefully via Beckham (which scopes foreign-situs assets out entirely) or via qualifying-business-share exemptions.

## The Beckham shield

Beckham-régime taxpayers are treated as non-residents for wealth-tax purposes (both Patrimonio and Solidaridad apply only to Spanish-situs assets — Spanish real estate, Spanish-listed equities, Spanish bank deposits). For a €30M global-portfolio founder with a single €5M Marbella villa, Beckham reduces the wealth-tax base from €30M to €5M and the Solidaridad bill from approximately €700K/year to **€34K/year**. The arithmetic is the structural reason high-net-worth founders relocating to Marbella file Modelo 149 within the six-month window even when their Spanish-source employment income is modest.

For the full structuring math see [our wealth structuring guide](/article-2026-05-14-wealth-structuring) and the [tax pillar's Beckham mechanics section](/spanish-property-tax-legal-complete-guide-2026).

## The filing calendar — Modelo 714 + Modelo 718

Both wealth taxes use distinct forms with different deadlines, both falling in summer:

- **Modelo 714** — Patrimonio annual filing, due **between April and 30 June** of the year following the tax year (so 2026 Patrimonio is filed by 30 June 2027). Andalusian taxpayers still file even with the 100% bonificación, because the cuota = 0 declaration produces the zero figure that enters the Solidaridad credit calculation.
- **Modelo 718** — Solidaridad annual filing, due **between 1 and 31 July** of the year following the tax year. Payment in single instalment.

Both forms must be filed online via AEAT's Sede Electrónica using Cl@ve PIN, certificado digital, or DNIe. Non-residents file via fiscal representative.

For the full annual filing calendar see our [Marbella property tax deadlines 2026](/article-marbella-property-tax-deadlines-2026).

## Where taxpayers commonly trip up

**Assuming Andalusian residence eliminates wealth tax entirely.** It eliminates the regional Patrimonio. It does not touch the state Solidaridad. The Spanish Constitutional Court explicitly preserved Madrid's authority to layer the surcharge on top in STC 149/2023.

**Forgetting to file Modelo 714 because Patrimonio = €0.** Andalusian filers still must submit the zero return. Failure to file triggers Ley General Tributaria art. 198 penalties (€100-€600 per missed filing), and more importantly, breaks the credit chain into Solidaridad. AEAT's automated cross-check flags Modelo 718 filings without a corresponding Modelo 714 within 30 days.

**Misunderstanding the qualifying-business-share exemption.** Ley 19/1991 art. 4.Eight exempts shares in operating businesses provided the holder owns at least 5% individually (or 20% with family group), the business carries on a real economic activity, and the holder performs management functions for which they receive remuneration that exceeds 50% of their total business and labour income. The exemption is the single most powerful Patrimonio/Solidaridad shield for entrepreneurs and is widely misapplied — both over-claimed (passive holdings without real economic activity) and under-claimed (qualifying holdings whose owners don't realise they qualify).

**Treating the primary residence as fully exempt.** Only the first €300,000 of primary-residence value is exempt from Patrimonio (and therefore credited against Solidaridad). On a €4M Marbella villa, €3.7M is in the wealth-tax base. The exemption is per taxpayer, not per residence — a married couple holding the residence jointly each claim €300K.

**Ignoring imputed income on unrented property as a separate IRNR matter.** Wealth tax on the property is one bill; IRNR imputed income on the same unrented property is a parallel bill. See [IRNR Spain 2026](/article-irnr-spanish-tax-non-residents) for the imputed-income mechanic.

**Assuming Solidaridad is "temporary."** It was. It isn't anymore. Real Decreto-ley 8/2023 extended it indefinitely and the 2024 General Budget confirmed it has become a structural fixture of the Spanish tax landscape. Plan as if it will exist for the next decade at minimum.

## When to call Muse

Before signing on a Marbella property above €3M as a Spanish-resident HNW, book a wealth-tax structuring call so we can model the Patrimonio + Solidaridad interaction against your actual asset mix and sequence Beckham, business-share exemptions, and ownership structure to keep the annual flow defensible and predictable.

## FAQ

**Is Andalucía really wealth-tax free in 2026?**

Andalucía remains wealth-tax-free at the regional level — the 100% Patrimonio bonificación under Ley 5/2021 of the Junta de Andalucía continues in 2026. But the state-level Solidaridad surcharge applies to all Spanish residents (and non-residents on Spanish-situs assets) above €3M net worth regardless of region. The headline "Andalucía has no wealth tax" is misleading post-2022.

**Does Beckham status protect me from Solidaridad?**

Yes, partially. Beckham-régime taxpayers are treated as non-residents for wealth-tax purposes, so both Patrimonio and Solidaridad apply only to Spanish-situs assets. Foreign-situs assets (foreign property, foreign equities, foreign cash) sit outside the base entirely. For a HNW founder with a small Spanish footprint, the savings are transformative.

**Will Solidaridad survive a Constitutional Court challenge?**

It already has. STC 149/2023 (7 November 2023) upheld the constitutional architecture. Subsequent challenges from Madrid and other affected regions have been dismissed. Plan as if the tax is permanent.

**Are pension funds and life insurance exempt?**

Pension funds enrolled in Spain (planes de pensiones individuales) are exempt from Patrimonio and Solidaridad up to the contribution limits. Foreign pension funds and insurance wrappers are not automatically exempt — they're treated as ordinary investment assets unless they meet the specific Spanish recognition criteria. US 401(k)s, UK SIPPs, and similar wrappers are typically taxed in full as portfolio assets.

**How do I file Solidaridad as a non-resident with only a Marbella villa?**

Modelo 718 covers non-residents on Spanish-situs assets. Net value of the villa above €3M (after deducting any mortgage) is the base. Filed by 31 July via fiscal representative. The €700K primary-residence exemption is generally not available to non-residents whose Marbella property is not their primary residence.

---

**Modelling Patrimonio and Solidaridad against your specific Marbella acquisition?** Muse Marbella's tax desk runs the full multi-jurisdiction wealth-tax projection in 90 minutes against actual asset mix, residence path, and structuring options. Founder Max Bykov reviews every brief personally. Browse current inventory in our [properties listing](/properties), orient on the full acquisition flow in the [Marbella buyer guide 2026](/buyer-guide-2026.html), and review the broader tax architecture in our [Spanish property tax and legal complete guide 2026](/spanish-property-tax-legal-complete-guide-2026).



## Related Reading

- [Beckham Law 2026 — What Actually Changed for New Applicants | Muse Marbella](/article-beckham-law-2026-changes-en)
- [IRNR Spain 2026 — Non-Resident Income Tax on Property Explained | Muse Marbella](/article-irnr-spanish-tax-non-residents-en)
- [Wealth Structuring for Marbella Property 2026](/article-2026-05-14-wealth-structuring-en)
- [Marbella Property Tax Deadlines 2026 — Quarterly Calendar | Muse Marbella](/article-marbella-property-tax-deadlines-2026-en)
- [Spanish Property Tax & Legal Complete Guide 2026 | Muse Marbella](/spanish-property-tax-legal-complete-guide-2026)