Rules
-
For the purposes of determining the amount of the taxable base for savings of IRPF , the following rules must be applied:
- ## The portion of the aforementioned taxable savings base that corresponds to the positive balance of capital gains and losses obtained from transfers of assets acquired or improvements made to them more than one year prior to the date of the transfer will not be taken into account, the amount of which will be entered in box [32] of the Wealth Tax return.
To determine this amount, the net balance of capital gains and losses obtained in the year arising from the transfer of assets acquired more than one year prior to the date of the transfer must first be calculated.
If the previous balance was negative or zero, zero will be entered in box [32].
If the balance is positive, the positive net balance of capital gains and losses attributable to 2019 must be taken into consideration to be included in the savings tax base (box [0424] of the IRPF declaration), and, where applicable, the offset of the following balances.
- Negative net balance of capital gains attributable to 2019 to be included in the savings tax base (with a limit of 25% positive net balance of capital gains and losses attributable to 2019). Box [0436]
- Negative net balances of capital gains and losses from 2015, pending offset as of January 1, 2019, to be included in the taxable savings base. Box [0439]
- Negative net balances of capital gains and losses from 2016, pending offset as of January 1, 2019, to be included in the taxable savings base. Box [0440]
- Negative net balances of capital gains and losses for 2017, pending offset as of January 1, 2019, to be included in the taxable savings base. Box [0441]
- Negative net balances of capital gains and losses for 2018, pending offset as of January 1, 2019, to be included in the taxable savings base. Box [0442]
- Remaining negative net balances of capital gains from 2015, pending offset as of January 1, 2019, to be included in the savings tax base, with a limit of 25% of the positive net balance of capital gains and losses attributable to 2019. Box [0443]
- Remaining negative net balances of capital gains from 2016, pending offset as of January 1, 2019, to be included in the savings tax base, with a limit of 25% of the positive net balance of capital gains and losses attributable to 2019. Box [0444]
- Remaining negative net balances of capital gains from 2017, pending offset as of January 1, 2019, to be included in the savings tax base, with a limit of 25% of the positive net balance of capital gains and losses attributable to 2019. Box [0445]
- Remaining negative net balances of capital gains from 2018, pending offset as of January 1, 2019, to be included in the savings tax base, with a limit of 25% of the positive net balance of capital gains and losses attributable to 2019. Box [0447]
If the difference between the amount in box [0424] and the amounts of the sum of boxes [0436] and [0439] to [0445] and [0447] is equal to zero, then box [32] of the Wealth Tax return shall be entered as zero.
If the difference between the amount in box [0424] and the amounts of the sum of boxes [0436] and [0439] to [0445] and [0447] is positive, and the balance of capital gains and losses arising from the transfer of assets acquired more than one year prior to the date of the transfer (GyP>1) is equal to or greater than the amount entered in box [0424] of the IRPF declaration , in box [32] of the Wealth Tax declaration the difference between the amounts entered in boxes [0424] and the sum of boxes [0436] and [0439] 21## [0445] and ## ##22##[0447] of the declaration will be recorded from IRPF .
If the difference between the amounts in box [0424] and the amounts of the sum of boxes [0436] and [0439] to [0445] and [0447] is positive, and the balance of capital gains and losses arising from the transfer of assets acquired more than one year prior to the date of the transfer (GyP>1) is less than the amount entered in box [0424] of the IRPF declaration , in box [32] of the Wealth Tax declaration, the amount resulting from the following operation will be recorded.
(Profits and losses >1 ÷ Box [0424] ) x (Boxes [0424] - [0436] - [0439] - [0440] - [0441] - [0442] - [0443] - [0444] - [0445] - [0447] )
- The amount of the dividends and shares in profits obtained by holding companies will be added, regardless of the entity that distributes the profits obtained by the aforementioned holding companies. (1)
- ## The portion of the aforementioned taxable savings base that corresponds to the positive balance of capital gains and losses obtained from transfers of assets acquired or improvements made to them more than one year prior to the date of the transfer will not be taken into account, the amount of which will be entered in box [32] of the Wealth Tax return.
-
For the purposes of determining the total savings rate of IRPF , the following will not be taken into account: the part of said quota corresponding to the positive balance of those obtained from the transfers of assets acquired or improvements made to them more than one year prior to the date of the transfer, the amount of which will be entered in box [35] of the Wealth Tax return and which is the result of the following operation:
Box [35] = (Quotas corresponding to the taxable base of savings Boxes [0540] - [0541] ÷ taxable base of savings Box [0560] ) x Box [32]
-
For the purposes of determining the full amount of the Wealth Tax , the part of the full amount corresponding to assets that, due to their nature or purpose, are not likely to generate taxable income in the Personal Income Tax will not be taken into account. Examples of these assets include, among others, works of art and antiques, jewellery, privately used boats and cars, undeveloped land, etc.
The magnitude of the full quota corresponding to unproductive assets (CIBI) can be determined using the following formula:
CIBI = EPN x Total Share ÷ Taxable Base
CIBI being the full quota corresponding to unproductive assets and EPN the net value of the assets not susceptible to producing returns in the IRPF . That is, the value of such assets or rights reduced, where applicable, by the amount of the deductible debts corresponding to them and the proportional part of the debts that, while equally deductible, are not linked to any specific asset.
If the 60% limit is exceeded, said excess must be reduced by the Wealth Tax rate, but the reduction may not exceed 80% of said rate. That is, a non-reducible minimum rate is established for the Wealth Tax equivalent to 20% of the full rate of the tax itself.
Note: the quota limit established in article 31.1 of Law 19/1991 is not applicable to non-residents who have opted in accordance with the provisions of article 5.One.a) of Law 19/1991, of June 6, on Wealth Tax ( BOE of June 7), for the personal obligation to contribute to said Tax, since by not paying taxes in the IRPF , there is no possibility of adding the remaining full quotas in both taxes and putting them in relation to a percentage of the taxable base of the IRPF
(1) In accordance with the provisions of letter a) of section 1 of the tenth transitional provision of Law 27/2014, of November 27, on Corporate Tax ( BOE of the 28th), dividends and profit shares received by taxpayers of IRPF and obtained by holding companies are not included in the taxable base of IRPF nor are they subject to withholding or payment on account of this tax. (Back)