Waiver or exclusion of the simplified modality

Waiver of the simplified modality and renewal of the waiver

Regulations: Art. 29.1 Regulation Income Tax

The resignation must be made during the month of December prior to the beginning of the calendar year in which it is to take effect. In the year in which the activity begins, the resignation must be made prior to the actual exercise of the activity.

Once submitted, the resignation will be effective for a minimum period of three years. After this period, it will be understood to be tacitly extended for each of the following years in which the modality could be applicable, unless it is revoked within the aforementioned period.

Both the resignation and its revocation will be carried out in the corresponding census declaration, in accordance with the provisions of articles 9 and following of the General Regulation of the actions and procedures of tax management and inspection and development of the common rules of the procedures for the application of taxes, approved by Royal Decree 1065/2007, of July 27 ( BOE of September 5).

The declaration may be submitted using the census declaration forms 036/037 approved by Order EHA /1274/2007, dated April 26 (BOE of May 10), amended by Orders EHA/3695/2007, dated December 13 (BOE of the 19th), EHA/3786/2008, dated December 29 (BOE of the 30th), EHA/3111/2009, dated November 5 (BOE of the 20th), HAP /2215/2013, dated November 26 (BOE of the 29th), HAP/2484/2014, dated December 29 (BOE of the 31st), HFP /417/2017, dated May 12th. (BOE of the 15th) and HFP/1307/2017, of December 29 (BOE of the 30th) and Order HAC /1416/2018, of December 28 (BOE of the 28th).

Exclusion of the simplified modality

Regulations: Art. 29.2 Personal Income Tax Regulation

The exclusion of the simplified modality occurs due to the fact that the net amount of the business figure corresponding to the set of activities carried out by the taxpayer exceeds the amount of 600,000 euros per year .

The exclusion will take effect from the beginning of the year immediately following the year in which said circumstance occurs. Consequently, in the year in which the amount of 600,000 euros per year is exceeded, the simplified form of the direct estimation method is used.

Consequences of waiving or excluding the simplified modality

Regulations: Art. 29.3 Personal Income Tax Regulation

The waiver or exclusion of the simplified modality has as a consequence that the net income of all economic activities developed by the taxpayer must be determined for a minimum period of the following three years by the normal modality of this method .