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Form 100. Personal Income Tax Declaration 2019 General rules

Amount of capital gains or losses (art. 32 Law)

The amount of capital gains or losses of the assets assigned to an economic activity will be the result of the difference between the acquisition value and the transfer value of the assets.

Acquisition value (art. 35.1.n) Law)

The book value will be considered as the acquisition value, taking into account the depreciation that would have been tax deductible, calculating in any case the minimum depreciation, regardless of its effective consideration as an expense. The minimum amortization will be considered the result of the maximum amortization period or the corresponding fixed percentage, depending on each case.

Non-application of reducing coefficients

In no case will the reducing coefficients provided for capital gains derived from non-affiliated assets acquired before December 31, 1994 be applied to capital gains derived from the transfer of assets assigned to economic activities.

For these purposes, assets affected by economic activities will be considered those in which the disposal has not occurred more than three years prior to the date of transmission.

Patrimonial elements assigned to an economic activity (art. 29 Law; art. 22 Rgl.)

The following will be considered assets affected by an economic activity carried out by the taxpayer, regardless of whether their ownership, in the case of marriage, is common to both spouses:

  • The real estate in which the activity is carried out.

  • The goods intended for the economic and sociocultural services of the personnel serving the activity.

  • Any other assets that are necessary to obtain the respective returns.

They will not be considered affected elements

  • The assets representing the participation in the own funds of an entity and the transfer of capital to third parties

  • Assets intended for the private use of the owner of the activity, such as leisure and recreation.

  • Heritage elements that are used simultaneously for economic activities and for private needs, unless the use for the latter is accessory and clearly irrelevant, with the exception of passenger cars and their trailers, mopeds, motorcycles, aircraft or sports or recreational boats, except for the following cases:

    1. Mixed vehicles intended for the transport of goods.

    2. Those intended for the provision of passenger transport services for consideration.

    3. Those intended for the provision of driver or pilot training services for compensation.

    4. Those intended for professional travel of commercial representatives or agents.

    5. Those intended to be subject to regular and onerous transfer of use.

    For these purposes, passenger cars, trailers, mopeds and motorcycles will be considered those defined as such in the Annex to Royal Legislative Decree 339/1990, of March 2, which approves the articulated text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety, and as of January 31, 2016 in the Annex to Royal Legislative Decree 6/2015, of October 30, as well as those defined as mixed vehicles in said Annexes and, in any case, the so-called all-terrain or "jeep" type vehicles.

  • The assets that, being owned by the taxpayer, do not appear in the accounting or official records of the economic activity that the taxpayer is obliged to keep, unless proven otherwise.

Partial affectation

In the case of heritage elements that only partially serve the purpose of the activity, the impact will be understood to be limited to that part of them that is actually used in the activity in question.

In this sense, only those parts of the heritage elements that are susceptible to separate and independent use of the rest will be considered affected. In no case will indivisible assets be subject to partial affectation.

Affectation and disaffection (art. 26.3 Law)

The affectation of assets or the disposal of fixed assets by the taxpayer will not constitute asset alteration, as long as the assets or rights continue to form part of his assets.

It will be understood that there has been no impact if the alienation of the assets or rights is carried out before three years have elapsed since the alienation.

  • Impact value (art.23.1 Rgl.)

    The impact on economic activities of assets or rights of personal assets will be carried out at the acquisition value they had at that time.

  • Disposal value (art. 23.2 Rgl.)

    In the divestiture of assets or rights assigned to economic activities to personal assets, their book value at the time of divestiture will be taken, calculated in accordance with the amortization that would have been tax deductible, calculating in all cases the minimum amortization.

Affectation of an activity prior to 1-1-1999

When the asset element that causes the capital gain or loss had been affected, after its acquisition, from personal assets to an economic activity carried out by the taxpayer, and prior to January 1, 1999, the date of acquisition will be taken as the date of acquisition. corresponds to the impact.