Prosecutor – News
IRPF – IRNR – ISD – IP
News Tax Reform IRPF-IRNR-ISD-IP
Law 26/2014, of November 27 (BOE of November 28, 2014)
The following measures enter into force on January 1, 2015:
1.-Temporary imputation rules, modifications:
For public subsidies, the capital gain is postponed at the time of collection.
Imputation of capital losses of overdue and uncollected credits to the tax period in which a reduction, bankruptcy or execution of credit occurs
2.-Exempt income with progressiveness. New concept.
They are those provided for in International Agreements to avoid double taxation, which will be added to the general tax base or savings to calculate the average tax rate, and how to apply it.
The new limits for the exemption are defined, and the non-exempt income is treated as irregular income. New percentages are established for the reduction, and it establishes the limit for its application.
New assumptions for scholarships from banking foundations and for crew members of certain fishing vessels.
3.- Comprehensive income from work
Mandatory tax allocation of insurance contracts that jointly cover retirement and death or disability is introduced.
Transitional regimes are established for benefits from Pension Plans, social welfare mutuals and insured pension plans and benefits derived from group insurance that implements pension commitments.
4.-Remuneration in kind
Remuneration that will not be considered RT, exemptions for delivery of shares to employees, assignment of use of vehicle and home owned by the payer are established.
New limits are established for the reduction, and for the treatment of irregular income
6.- Deductible expenses
The general reduction disappears, including a new concept of "other expenses" of 2,000 euros as a general rule, expandable in certain circumstances.
7.-Reduction for work income
The applicable amounts and the subjects to which it applies are modified, eliminating the reduction for geographical mobility.
REAL ESTATE CAPITAL YIELD AND REAL ESTATE ALLOCATIONS
The reduction for leases to people under 30 years of age is eliminated.
The reduced percentage of imputation of real estate income is limited to the municipalities where the cadastral values have been reviewed.
INCOME ON MOVABLE CAPITAL
The exemption regime, irregular returns, is substantially modified, and Long-Term Savings Plans are created, the Individual Systematic Savings Plans... the consideration of capital income is established in the event of distribution of the issuance premium of non-negotiated securities in certain circumstances and others are modified Relevant aspects of the income from movable capital.
YIELD OF ECONOMIC ACTIVITIES
Concept of economic activity
It is modified in the case of property leases and for professional activities.
Determination of net return in direct estimation
The limit of 4,500 euros of deduction in contributions to insurance contracts with mutual societies is modified. And expenses that are difficult to justify are limited to 2,000 euros per year.
Applicable reductions for the determination of net income
An annual limit of 300,000 euros is established for irregular returns, reducing the reduction percentage to 30%.
EQUITY GAINS AND LOSSES
Assumptions in which there is no gain or loss
Capital reductions with return of contributions unlisted securities
Termination of the matrimonial property regime
Taxi license transmission
Transfers for consideration
Modifications in the application of the update and depletion coefficients.
Specific valuation rules
New rules are established for the transfer of subscription rights for listed securities and non-negotiated securities and shares or participations in IICs.
Reinvestment assumptions. Transmissions by people over 65 years of age
If they are intended to constitute an insured life annuity in your favor8 with a limit of 240,000 euros), capital gains will be exempt.
INTEGRATION AND COMPENSATION OF REVENUE
The content and the income integration and compensation regime are significantly modified.
CONTRIBUTIONS TO PENSION PLANS AND SIMILAR SYSTEMS
The main modifications refer to the reduction for contributions to social security systems
PERSONAL AND FAMILY MINIMUMS
The minimums for the taxpayer and the minimums for descendants and ascendants are increased, as well as the minimum for disability of the taxpayer and the disability of ascendants and descendants.
The sections and rates are reduced. See tables here (hyperlink)
Deduction for investments in habitual residence
The existing transitional regime for acquisitions made prior to January 1, 2013 is maintained.
Deduction for economic activities
The percentage applicable to the investment is reduced to 5%.
Deduction for donations
Deduction for income obtained in Ceuta and Melilla
The possibility of taking advantage of the deduction is conditioned on income from companies that effectively and materially operate in said territories.
Deduction for investment in newly created companies
The deduction of 20 per 100 of the amounts paid for the subscription of shares or participations in newly or recently created companies is maintained, fulfilling certain requirements.
Deduction for large family or disabled dependents
Taxpayers who carry out an economic activity on their own account or on behalf of others for which they are registered in the corresponding Social Security or mutual society regime may reduce the differential tax rate according to the deductions established for descendants and ascendants with disabilities, and large families.
Deduction for Political Parties, Coalitions or Groups of Voters
A new deduction of 20 percent of affiliation fees and contributions to Political Parties, Coalitions or Voter Groups is established, which replaces the previous reduction.
deductions that disappear
Deductions are eliminated for company savings accounts, obtaining income from work and economic activities, and for renting a habitual residence (except for leases entered into before January 1, 2015).
International tax transparency
Special regime for "impatriates"
Capital gains due to change of residence (“exit tax”)
The limit for not filing a declaration in certain cases is established at 12,000 euros
Formal obligations of taxpayers
The information that taxpayers who are holders of a protected patrimony must provide is expanded, to include in the provisions made during the fiscal year, the expenditure of money and the consumption of fungible goods,
The withholding scales in 2015 and 2016 are as follows:
Scale to be applied in the 2015 financial year:
|Basis for calculating the withholding rate-Up to euros||
|Other base to calculate the withholding rate-Up to euros||
Scale to apply from the 2016 financial year:
|Basis for calculating the withholding rate-Up to euros||
|Other base to calculate the withholding rate-Up to euros||
The type of withholding for administrators and members of the board of directors also changes, as well as income derived from teaching courses, conferences, symposia, seminars and the like, or derived from the production of literary, artistic or scientific works, for professional activities. (19 percent in 2015 and 18 percent in subsequent years).
The withholding percentages for income from movable capital and for capital gains and losses from 2016 also change.
Tax regularization corresponding to pensions abroad
The regularization of tax periods not prescribed may be carried out until June 30, 2015.
INHERITANCE AND GIFT TAX
In order to eliminate cases of discrimination between residents and non-residents, the Inheritance and Donations Tax Law is amended, introducing a series of rules that allow full equalization of tax treatment in discriminatory situations indicated by a Court ruling. of Justice of the European Union
As in the Inheritance and Gift Tax, a rule is introduced in the Wealth Tax that allows a similar treatment between residents and non-residents who are in other Member States of the European Union or the Common European Area.
NON-RESIDENT INCOME TAX
Various modifications are foreseen with effect from January 1, 2015 that affect, among others, exemptions, tax base, tax rates and other modifications.
MODIFICATIONS IN THE LAW OF PENSION PLANS AND FUNDS
A new case of liquidity is regulated for contributions to Pension Plans in addition to those already existing for long-term unemployment and serious illness.
New corporate tax law
New corporate tax law
Law 27/2014, of November 27, on Corporation Tax (BOE of November 28, 2014). It replaces the term passive subject, which is now called taxpayer.
The most important thing refers to the leasing of real estate, which will only be considered an economic activity when it is carried out through a person employed with a full-time employment contract, at least.
They are those in which their main activity consists of the management of movable or real estate assets, and it is considered that they do not carry out economic activity. The law regulates those that are not computed as values.
Those that have a commercial object are taxed by the IS (enters into force in 2015)
The disappearance of the update coefficients applicable in the transfer of real estate is significant.
Amortizations and other depreciations
The amortization table is simplified, and the deductibility of the useful life intangible assets is established, as well as the acquisition price of the intangible asset with a defined useful life (with some limitations).
It is established in general, for all taxpayers, the freedom of amortization for goods of little value, up to 300 euros of unit value, with a maximum of 25,000 euros per year. Consequently, the current one for SMEs of 601 euros and a limit of 12,020 euros per year is eliminated.
Deduction for reversal of temporary measures
Certain taxpayers will be entitled to a deduction in the quota of a % for the amounts not deducted in tax periods beginning in 2013, 2014, and 2015 in different amounts.
Temporary limitation to the deduction of intragroup negative income
They will only be deductible in the period in which the elements generating the loss are transferred to third parties outside the group, the acquiring entity is deregistered or the transferred company is extinguished.
Limitation to the deduction of impairment of assets
1. Elements of property, plant and equipment, real estate investments, intangible assets, equity instruments and debt securities. They will only be deductible in certain cases.
2. Credits or other assets derived from insolvencies that have generated deferred tax assets.
Exceptionally, they will be deductible in certain cases and with certain conditions and limits.
3. Impairment of bad debts
The deductibility is maintained, but the non-deductibles are modified, which will be those owed by public law entities and by related persons or entities, in both cases with exceptions.
4. Deductibility of financial expenses.
The changes that have occurred refer to:
It goes from 6 million euros to 20, the minimum investment for dividends to be computed as operating profit, when the participation is less than 5%.
The 18-year term for the future use of excesses not deducted is eliminated.
To calculate the net, service expenses in operations with tax havens are excluded.
5. Other deductible expenses
The interest earned by participating loans granted by entities of the same group of companies is established as non-deductible, with some exceptions.
Attention to clients or suppliers: limit of 1% of the turnover.
The remuneration of administrators for performing senior management functions are not considered donations or liberalities.
OPERATIONS BETWEEN RELATED ENTITIES
There are news regarding the previous text in:
- Linkage criteria.
- Documentation obligations.
- Valuation methods.
- Provision of services by professional partners.
- Permanent establishments.
- Transactions carried out with or by entities resident in tax havens.
- Previous agreements with the Administration.
- Secondary setting.
- Market value verification procedure.
- Regime of offenses and penalties.
DOUBLE TAXATION TREATMENT
Exemption regime for dividends and income derived from shares in entities resident in Spanish territory.
Certain requirements are established for the application of the exemption.
Dividends and income derived from shares in non-resident entities.
Certain additional requirements to the previous regime are established for the application of the exemption.
REDUCTION IN THE TAX BASE
Reduction of income from intangible assets.
It is maintained, eliminating the limitation of 80% to the calculation of income from assets not recognized on the balance sheet.
Los contribuyentes sujetos al tip general del 30%, pueden reducir su base un 10%del incremento de sus FFPP con determinadas condiciones.
COMPENSATION OF NEGATIVE TAX BASES
No time limit is set for your compensation
Para 2016: límite para compensar , un 70%de la BI previa(60% para ejercicios iniciados en 2016)
The general type is reduced to 25%, maintaining a significant number of special types.
The reduced rate for small-sized companies is eliminated (2016)
The bonuses for income obtained in Ceuta or Melilla and for the provision of local public services under the terms of the TRLIS are maintained.
DEDUCTIONS TO INCENTIVE CERTAIN ACTIVITIES
Only the following deductions are maintained:
- For R+D+i activities (with modifications with respect to TRLIS).
- For investments in film productions, audiovisual series and live performing arts and musical shows (with modifications regarding TRLIS).
- For job creation.
- For job creation for workers with disabilities.
The special regimes that remain in force, among others, are the following:
- Spanish and European economic interest groups and temporary business unions.
- Organizations dedicated to rental housing.
- Venture capital companies and funds and industrial development companies.
- Collective Investment Institutions.
- Fiscal consolidation.
- Restructuring operations.
- International Fiscal Transparency.
- Small companies.
- Certain financial lease contracts.
- Foreign Securities Holding Entities.
- Listed Investment Companies in the Real Estate Market.
The two existing installment payment modalities continue to be maintained.
General type of withholding:
For 2015: 20%
As of 2016: 19%
New faculty of administration.
The TA can verify tax data and its origin, in items that are integrated into the BI and proceed to its regularization even when they derive from operations carried out in prescribed tax periods.
You can also verify the negative BI and deductions pending application, within a period of 10 years.
Modification of the VAT law
Modification of the value added tax law
Law 28/2014, of November 27, which modifies, among others, Law 37/1992, of December 28, on Value Added Tax (BOE of November 28, 2014).
1.-NOT SUBJECT OPERATIONS
Some aspects related to the non-subjection of operations related to:
- Transfers of business assets.
- Operations carried out by public entities.
- Deliveries of goods for advertising purposes.
2.-CONCEPT OF DELIVERY OF GOODS AND OPERATIONS SIMILAR TO THE DELIVERY OF GOODS
1.-Referred to the transmission of securities whose possession ensures ownership or enjoyment of a property.
2.-Assimilation of financial lease operations.
3.- EXEMPTIONS IN INTERNAL OPERATIONS
1.Services of a social nature
The objectives of the ESFL and Professional Associations no longer have to be exclusive to enjoy the exemption.
It extends to child care services in educational centers in interlective time, remaining in other educational services.
3.Real estate operations
Modifications referred to :
1.-Eexemption in transfers of urbanized land or in progress,
2.-Deliveries of land made by the Compensation Board and owners,
3.-AExtension of the scope of application of the waiver of real estate exemptions
4.-Exception to the exemption in the transfer of urbanized land or in the course of urbanization
5.-Suppression of the exemption for services provided by notaries public
4.- PLACE OF REALIZATION
Modifications related to:
Deliveries of goods with installation or assembly: the requirement that the cost of the installation exceed 15% of the total consideration is suppressed.
Location of telecommunications, radio and television broadcasting and electronic services: they will be taxed in the Member State of the recipient.
5.-NEW ASSUMPTIONS OF INVESTMENT OF THE TAXABLE PERSON
It affects the delivery of some precious metals and certain electronic items when the recipient is a reseller or the amount of the transaction exceeds 10,000 euros (VAT excluded).
6.- RECTIFICATION OF THE TAX FEES INCOME
In the case of a reduction in quotas, there is the option of regularizing the situation or initiating the rectification procedure before the AT.
7.- IMPORTS OF GOODS AND SIMILAR OPERATIONS
Modifications in the law referring to the taxable event, exemptions related to suspensive regimes, non-customs deposit, VAT income, tax reimbursement to customs agents, verification and income procedure
8.- EXEMPTION OF SERVICES RELATED TO EXPORTS
They are limited to those provided to exporters, to the recipients of the goods or to their customs representatives (transitory agents, consignees and customs agents).
Certain aspects of the composition of the tax base are modified when it refers to subsidies not linked to the price, in operations with non-monetary consideration, and in bankruptcies or bad debts.
Modifications (as of January 1, 2015) in the type applicable to equipment for medical and hospital use), prostheses, glasses and contact lenses, prostheses, etc., medicines for human use and medicinal substances and active principles for medicines for animal use and apparatus and other instruments.
Only the tax rate for flowers and live plants for ornamental use decreases.
The regulation of the special Regimes of:
Travel agencies:applicable to any businessman or professional who organizes trips, and will also be applied to sales by retail agencies and the method of calculating the tax base is modified.
Agriculture, Livestock and fishing: excluding from its application certain owners who assign their exploitation for lease or use, as well as livestock farms under the integrated livestock regime.
Special regime of the equivalence surcharge
The wording given to the rule is modified to establish the obligation to pass on the tax on the transfer of real estate, making reference to subject and non-exempt operations.
With effect from January 1, 2016, the magnitudes that allow this special regime to be applied are modified.
INFRINGEMENTS AND SANCTIONS
A new type of infraction is created for lack of communication or incorrect communication, in operations where the inversion of the taxable person takes place. The sanction will be 1 per 100 of the accrued quotas with respect to which there has been a breach in the communication, with a minimum of 300 euros and a maximum of 10,000 euros.
The non-consignment or incorrect consignment of the import operations liquidated by the Administration is also sanctioned. The sanction will be 10 per 100 of the accrued quotas corresponding to the operations not consigned in the self-assessment.