Special cases of income concurrence: Annuities for alimony for children and progressively exempt income
The procedure applicable in the event that there are simultaneous annuities for child support and progressively exempt income includes the liquidation specialties of each of said incomes, as discussed in the following example.
Example:
Mr. JRF, resident in the Community of Madrid, has obtained a general tax base of 23,900 euros in fiscal year 2022. He has also obtained progressively exempt income amounting to 2,950 euros.
During the year he has paid annuities for maintenance to his children in the amount of 2,800 euros, as provided for in the judicially approved divorce agreement.
Determine the full contributions corresponding to the 2022 financial year, knowing that the amount of the personal and family minimum amounts to 5,550 euros.
Solution:
Previous note: It should be noted that the item is unique. Two of Law 8/2022, of November 16 ( BOCM 11-21-2022), has modified, with effect from January 1, 2022, the autonomous scale of the Community of Madrid provided for in article 1 of the Consolidated Text.
1. Determination of the bases for the application of tax scales
Since you have paid annuities to your children during the year by judicial decision and the amount is lower than the amount of your general taxable base, the general and regional scale of the tax must be applied separately to the amount of the annuities (2,800) and the amount of the rest of the general liquidable base.
This last amount is determined by increasing the general taxable base (23,900 euros) by the amount of the exempt income progressively (2,950) and decreasing the result by the amount of the annuities for alimony paid during the year (2,800). Definitely:
Base "A" = 2,800
Base "B" = (23,900 + 2,950) − 2,800 = 24,050
2. Application of the tax scales to the amount of annuities, base "A" (2,800 euros)
3. Application of the tax scales to the rest of the general taxable base, base "B" (24,050 euros)
4. Application of the tax scales to the general taxable base corresponding to the personal and family minimum increased by 1,980 euros
Given that the amount of the general taxable base (23,900) is higher than the personal and family minimum increased by 1,980 euros (5,550 + 1,980 = 7,530), this is entirely part of the general taxable base.
5. Calculation of quotas for the purposes of determining average tax rates
To determine the average state and regional tax rates, it is necessary to previously calculate the respective state and regional quotas. These fees are calculated as follows:
6. Determination of average tax rates
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Average state tax rate TME: 2,240.90 ÷ 26,850 x 100 = 8.34%
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Average regional tax rate = AMR = 1,984.78 ÷ 26,850 x 100 = 7.39%
7. Determination of the general state and regional full quota