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2018 Wealth Tax

4,2,14. N) Administrative assignments

In this section, administrative concessions for the operation of services or public ownership, whatever their duration, which the taxpayer owns, must be declared using a succinct description.

Assessment

The value of the amount resulting from applying the criteria indicated in article 13 of Royal Legislative Decree 1/1993, approving the Consolidated Text of the Tax on Property Transfers and Stamp Duty. (Official State Gazette of 20 October 1993).

In general, the value will be determined by the application of the rule or rules that, in view of the nature of the obligations imposed on the concessionaire, are applicable to those indicated below:

  1. If the Administration indicates a total amount as a price or fee that the concessionaire must pay, for the amount of the same.

  2. If the Administration indicates a fee, price, share or minimum benefit that the concessionaire must pay periodically and the duration of the concession is not greater than one year, for the sum of the periodic benefits. If the duration of the concession is greater than one year, capitalizing on 10 per 100 the annual amount paid by the concessionaire.

    When the application of this rule requires the capital of an annual amount that is variable as a result, exclusively, of the application of price review clauses that take as a reference objective indices of their evolution, the corresponding figure for the first year will be capitalised. If the variation depends on other circumstances, whose mathematical reason is known at the time of granting the concession, the amount that will be capitalised will be the annual average of those that the concessionaire must pay during the life of the concession.

  3. When the concessionaire is obliged to reverse certain assets to the Administration, the value of the Reversal Fund that the latter must constitute in compliance with Royal Decree 1643/1990 of 20 December, or the regulation that replaces it, will be calculated.

In special cases where, due to the nature of the concession, the value cannot be fixed by the rules set out above, this will be determined in accordance with the following rules:

  1. Applying a percentage of 2 per 100 to the value of the fixed assets used for the operation, use or use in question each year of the concession's duration, with a minimum of 10 per 100 and without the maximum being able to exceed the value of the assets.

  2. In the absence of the above assessment, the assessment indicated by the respective Public Administration will be taken.

  3. In the absence of the two above rules, for the value declared by the interested parties, without prejudice to the right of the Administration to proceed with its verification by the means provided for in the General Tax Law.