Modelo 210 for Swiss residents — which tax rate applies?

Switzerland is neither an EU nor an EEA member — Swiss property owners therefore pay the third-country tax rate of 24%, not the 19% available to EU citizens. What matters is tax residency, not nationality. A German national tax-resident in Switzerland is treated as a third-country national; a British national tax-resident in Germany is treated as an EU resident. These rates apply to ongoing income — self-use and rental. Capital gains on property sales are subject to different rules. The higher rate applies to both imputed income from self-use or vacancy and to rental income. For rental income, an additional disadvantage applies: under current legislation (Article 24 LIRNR), third-country nationals cannot deduct expenses — the 24% is calculated on gross rental receipts, not on the net amount after deductions. However, the Audiencia Nacional ruled on 28 July 2025 (SAN 3630/2025) that this exclusion violates the EU free movement of capital (Article 63 TFEU). The ruling is not yet final and the Spanish Tax Agency continues to apply current legislation pending the Supreme Court's decision. Individual advice from an Asesor Fiscal is recommended. The double taxation agreement between Switzerland and Spain is in force and assigns the taxing rights: Spain has the right to tax income from Spanish property. The IRNR paid in Spain is credited against Swiss cantonal and federal tax liabilities — double taxation is avoided, but the filing obligation in Spain remains. A practical example: a Swiss owner holds a flat in Palma de Mallorca, cadastral value €150,000, municipality with post-2012 valuation, sole owner, self-used year-round. Imputed income: €150,000 × 1.1% = €1,650. Tax: €1,650 × 24% = €396. Filing deadline: 31 December of the following year (tax year 2025; from tax year 2026, changed deadlines apply per Orden HAC/623/2026). For comparison: an EU citizen with the same property pays €1,650 × 19% = €313.50. Swiss owners should retain the Justificante — the official filing receipt for the Modelo 210 — for their Swiss tax return to claim the credit.