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Practical Income Manual 2021.

Waiver or exclusion of the simplified modality

• Waiver of the simplified modality and revocation of the waiver

Regulations: Art. 29.1 Regulation Personal Income Tax

As we indicated, the simplified direct estimation method is a voluntary method, which implies that the taxpayer can renounce the application of it to determine the net return of its economic activities.

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

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 within the period mentioned above it is revoked .

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 Regulations of the actions and procedures of tax management and inspection and of the development of the common standards of the procedures of application of taxes, approved by Royal Decree 1065/2007, of July 27 ( BOE of September 5).

The declaration may be presented in the census declaration models 036/037 approved by Order EHA /1274/2007, of April 26 (BOE of May 10), modified by the EHA Orders /3695/2007, of December 13 (BOE of 19), EHA/3786/2008, of December 29 (BOE of 30), EHA/3111/2009, of November 5 (BOE of 20), HAP /2215/2013, of November 26 (BOE of 29), HAP/2484/2014, of December 29 (BOE of 31), HFP /417/2017, of May 12 (BOE of 15) and HFP/1307/2017, of December 29 (BOE of 30) and Order HAC /1416/2018, of 28 December (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 number of business corresponding to all the activities carried out by the taxpayer exceeds the amount of 600,000 euros annually .

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 modality of the direct estimation method remains.

• Consequences of waiver or exclusion from the simplified modality

Regulations: Art. 29.3 Personal Income Tax Regulation

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