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Practical manual for Income Tax 2023.

"Surface area of the premises" module

Regulations: Instruction 2.1.3 and 4 for the application of signs, indexes or modules in the IRPF of Annex II Order HFP /1172/2022, of November 29 ( BOE of December 1).

For the purposes of applying the module, premises are understood to be constructions, buildings or installations, as well as surfaces, covered or uncovered, open or not to the public, that are used for the development of the activity.

The unit of the "Premises area" module is the square meter (m2).

The surface area of the premises will be taken as defined in Rule 14.1.F, letters a), b), c) and h), of the Instruction for the application of the Rates of the Tax on Economic Activities (IAE), approved by Royal Legislative Decree 1175/1990, dated September 28 ( BOE of September 29 and October 1 and 2), as well as in the fourth Additional Provision, letter f), of Law 51/2002, of December 27, reforming Law 39/1998, of December 28, Regulating Local Finance ( BOE of December 28).

In the activities where this is indicated, within the surface area of the premises it will be necessary to distinguish and determine separately one or several of the following modules:

  • Independent local surface.

  • Non-independent local surface.

  • Surface area of the manufacturing premises.

The unit of each of these modules is also the square meter (m2).

Definitions

It is understood by:

  • Independent premises

    The one that has a sales room for serving the public. Also considered independent premises are those that must pay taxes according to the provisions of Rule 14.1.F, letter h), of the Instruction for the application of the IAE rates, approved by Royal Legislative Decree 1175/1990, of September 28.

  • Non-independent premises

    Those who do not have their own sales room for serving the public because they are located inside another establishment, shopping gallery or market.

  • Manufacturing location

    The premises, or part thereof, dedicated to carrying out manufacturing operations.