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Practical Income Manual 2023.

Renunciation and exclusion of the special regime for family members of displaced taxpayers

Regulations: Articles 117.3 and 118.4 Regulation Personal Income Tax

Resignation regime

Family members of displaced taxpayers who have also opted for the special regime may individually waive its application during the months of November and December prior to the beginning of the calendar year in which the waiver must take effect.

Taxpayers who renounce this special regime will not be able to opt for its application again.

Exclusion regime

Family taxpayers of displaced persons will be jointly excluded from the application of this regime if the sum of their taxable bases in each of the tax periods in which this special regime is applicable results greater than or equal to the taxable base of the taxpayer to which they are linked.

Likewise, other causes that will determine the exclusion from the application of this regime:

  • Failure to comply with any of the remaining conditions that determine the application of the regime, or

  • Failure to comply with the connection, age, or disability requirements required for the option.

The requirements for the application of the special regime due to the termination of the marriage bond due to divorce or annulment of the marriage will not be deemed to have been breached.

In these cases, the taxpayer who caused the violation will be excluded from the regime, and the others may continue with its application.

In any case, the exclusion will take effect in the tax period in which the non-compliance with any of the causes indicated above occurs or the waiver or exclusion of the taxpayer to whom they are associated takes effect.

Excluded taxpayers must communicate this circumstance to the Tax Administration within a period of one month from the failure to comply with the conditions that determined their application, except in the case in which the taxpayer with whom they are associated has communicated their resignation or exclusion, in which case It will not be necessary for them to communicate it. 

Both the waiver and the exclusion must be communicated to the Tax Administration in form 149, approved by Order HFP /1338/2023, of December 13 ( BOE of December 15).In this regard, keep in mind that, taking into account the special requirements demanded to be able to apply this special tax regime for displaced workers, teleworkers, highly qualified professionals and entrepreneurs, the method of presentation of this model will be electronic.