L’avenir de l’imposition du patrimoine en Espagne : implications constitutionnelles, internationales et européennes

This paper offers a comprehensive review of the current state of wealth taxation in Spain, motivated by the growing interest among legal and economic scholars in modernising wealth taxation so that it contributes to global tax justice by improving wealth redistribution and ensuring greater fiscal responsibility from high-net-worth individuals. Spain stands out as one of the few developed countries that maintains a general Wealth Tax while also introducing a separate tax specifically targeting large fortunes, alongside other minor taxes levied on particular assets. Within this framework, the legal and practical challenges encountered in Spain —and the ways in which they have been addressed or are proposed to be resolved by the academic literature— may offer valuable lessons to avoid similar shortcomings in other jurisdictions. The analysis considers constitutional, international, and EU law dimensions. The author concludes that, although the Wealth Tax has failed to fulfil any of the functions for which it was originally created, its continuation would require a thorough reform aimed at modernising its legal framework in line with the proposals put forward by experts in the field. Should its repeal be chosen instead, it would be essential to ensure that high-net-worth individuals remain subject to an additional tax burden through alternative tax instruments.