Performance of economic activities
Objectively estimated economic activities
1. Resignation and consequences of resignation
Resignation: Exceptionally, for fiscal year 2022, it has been allowed to exercise the waiver or revocation of the waiver of the application of the objective estimation method until January 30, 2022. However, the resignations or revocations presented for the year 2022, during the month of December 2021, were understood to have been presented during the business period.
Consequences of resignation: Taxpayers who renounced the application of the objective estimation method in fiscal year 2021, in accordance with the provisions of article 10 of Royal Decree-Law 35/2020, of December 22, have been able to re-determine their net return according to said method, without subject to the minimum period of three years of mandatory connection to the direct estimation method.
To do this, taxpayers must have revoked the previous waiver, either expressly during the month of January 2022, or tacitly by submitting on time the declaration corresponding to the installment payment for the first quarter of fiscal year 2022 in the form arranged for the objective estimation method (i.e., presenting model 131).
2. Exclusive limits :
Article 60 of Law 22/2021, of December 28, on the General State Budgets for the year 2022 ( BOE of December 29) has been modified, with effect from January 1 of 2022 and indefinite validity, the thirty-second transitional provision of the Personal Income Tax Law, to extend to the 2022 tax period the application of the same exclusive quantitative limits set for the years 2016 to 2021: both those relating to the volume of full income in the immediately preceding year derived from the exercise of economic activities (250,000 euros for all economic activities, except agricultural, livestock and forestry activities and 125,000 euros for operations in which there is an obligation to issue an invoice when the recipient is a businessman) and the volume of purchases of goods and services (250,000 euros, excluding acquisitions of fixed assets, for all activities in objective estimation - also including agricultural, livestock and forestry activities -).
For agricultural, livestock and forestry activities, the exclusionary limit provided for in article 31 of the Personal Income Tax Law applies to the volume of full income in the immediately preceding year (250,000 euros per year, for the all of its agricultural, livestock and forestry activities carried out by the taxpayer) and, for the volume of purchases of goods and services, the amount of 250,000 euros, excluding acquisitions of fixed assets, for all activities in objective estimation, provided for in the provision thirty-second transitional law in the Personal Income Tax Law and whose application is extended to the year 2022.
3. Determination of prior net performance :
Order HFP /1335/2021, of December 1 ( BOE of December 2) maintains the amount of the signs for the 2022 financial year, indices or modules from the previous exercise.
However, Order HFP /1172/2022, of November 29 ( BOE of December 1), by which they are developed for the In 2023, the objective estimation method of the Personal Income Tax and the special simplified regime of the Value Added Tax introduces several exceptional measures that are specified below.
4. Determination of the net reduced return
For agricultural and livestock activities, in order to offset the increase in the cost of certain inputs, the possibility of applying the following reductions to the previous net income, before the amortization of tangible and intangible assets, is established:
Reduction of 35 percent in the acquisition price of agricultural diesel.
15 percent reduction in the purchase price of fertilizers.
In both cases, the acquisitions must be necessary for the development of said activities, they must have been carried out in the financial year 2022 and must be documented in invoices issued in said period that meet the requirements set out in Royal Decree 1619/2012, of 30 December. November, by which the Regulation regulating billing obligations is approved.
5. Determination of net performance of modules
The corrective index for feed purchased from third parties is set at 0.50 percent and the index for crops on irrigated land that use, for this purpose, electrical energy is set at 0.75 of the yield from the crops grown. on land irrigated by electricity.
For the application of this index, the requirement that the average daily electricity consumption, in terms of billed energy in kWh, of the bill for the month of the tax period with the highest consumption be at least 2.5 times higher than the corresponding one, is also eliminated. to that of two months of the same tax period.
6.Determination of the net performance of the activity: applicable reductions
General reduction: The general reduction applicable to the net yield of modules obtained in the 2022 tax period by taxpayers in objective estimation with activities other than agricultural, livestock and forestry activities is raised from 5 to 15 percent.
In the case of agricultural, livestock and forestry activities, article 2 of Order HFP /405/2023, of April 18 ( BOE of April 25), has once again raised this general reduction percentage for the 2022 tax period, going from 15 to 25 percent.
Lorca Reduction: The reduction of 20 percent of the net income for economic activities carried out in the municipality of Lorca (Murcia) is maintained, applicable only to determine the net income in activities other than agricultural, livestock and forestry activities.
Isla de la Palma Reduction: A reduction of 20 percent of the net income is established that taxpayers who carry out economic activities on the Island of La Palma may apply.
This reduction, unlike that of Lorca, applies to all economic activities that determine the net return in the objective estimation method, including agricultural, livestock and forestry activities.