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Form 100. Personal Income Tax Declaration 2021

7.2.4. Income from movable capital to be integrated into the general tax base

Other income from movable capital (art. 25.4 Law)

Full income

Included in this heading are any other income from movable capital not included in the previous sections and, among others, the following income, monetary or in kind:

  1. Those coming from intellectual property when the taxpayer is not the author and those coming from industrial property that is not affected by economic activities carried out by the taxpayer.

  2. Those arising from the provision of technical assistance, unless said provision takes place within the scope of an economic activity.

  3. Those from the leasing of personal property, businesses or mines, as well as those from subleases received by the sublessor, which do not constitute economic activities.

  4. Those arising from the transfer of the right to exploit the image or the consent or authorization for its use, unless said transfer takes place within the scope of an economic activity.

  5. Earned income obtained from the transfer to third parties of own capital from related entities.

    When the income obtained from the transfer of own capital to third parties comes from entities linked to the taxpayer, whose valuation must be carried out at the market value, those corresponding to the excess amount of the own capital transferred to a company will form part of the general tax base. related entity with respect to the result of multiplying its own funds by three, in the part that corresponds to the taxpayer's participation, in the latter.

Withholdings

Likewise, this section will indicate the withholdings made or payments on account made on the accrued income, amounts that the program transfers to box 0597 of the declaration.

Tax-deductible expenses (art. 26.1.b) Law)

Exclusively in the case of income derived from the provision of technical assistance, the leasing of personal property, businesses or mines or subleases, all expenses necessary to obtain it and, where applicable, the amount of the deterioration suffered will be deductible from the full income. for the assets or rights from which the income comes.

For these purposes, the same rules provided for expenses deductible from real estate capital gains will apply. The limit established for interest and other financing expenses and repair and conservation expenses will not apply.

In the case of income derived from the transfer to third parties of own capital from entities linked to the taxpayer, the expenses of administration and deposit of negotiable securities may be deducted, where applicable.

Reductions (art. 26.2 Law)

As a general rule, net returns will be computed in full. However, net returns with a generation period of more than two years or that are legally classified as obtained in a notoriously irregular manner over time, will be reduced by 30%, when, in both cases, they are allocated in a single tax period. .

The amount of net income referred to in this section to which the aforementioned reduction will be applied may not exceed the amount of 300,000 euros per year.

Normally the reduction must be recorded without any sign. However, when the reduction affects a negative net return, it will be preceded by a minus sign (-).