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Practical Income Manual 2021.

9. Loss of exemption from certain remuneration in kind

Regulations: Art. 43.2.3 Regulation Personal Income Tax

A complementary self-assessment must be submitted when, after the application of the exemption, the active workers of the companies have lost the right not to consider as remuneration in kind the receipt of shares or participations in the company for which they They work, or from another company in the group, under the terms and conditions established in article 43 of the Personal Income Tax Regulations .

The loss of the exemption provided for in article 42.3.f) of the Personal Income Tax Law may occur as a result of failure to comply with the maintenance period for said shares or participations or any other requirements. provided for in the aforementioned article.

For these purposes, inform that the conditions and requirements that must be met so that the delivery of shares or participations to active workers is not considered remuneration in kind are discussed in Chapter 3, within the section relating to " Exempt work income in kind ".

The complementary self-assessment, with the corresponding late payment interest, must be submitted within the period between the date on which the requirement is not met and the end of the regulatory declaration period corresponding to the tax period in which said non-compliance occurs.

Note: If the complementary declaration responds to this circumstance, the taxpayer must mark with an "X" the box [119] of the "Complementary declaration" section of the declaration.