Toll bonus in Ceuta and Melilla

Regulations: Art. 33 Wealth Tax Law

If among the assets or rights of economic content computed for the determination of the tax base, there is any located or that should be exercised or fulfilled in Ceuta and Melilla and their dependencies, the tax rate will be discounted by 75% of the part thereof that proportionally corresponds to the aforementioned assets or rights.

This bonus will not apply to non-residents of these cities, except in relation to securities representing the share capital of legal entities domiciled and with corporate purpose in the aforementioned cities, or in the case of permanent establishments located there.

The portion of the tax to which the bonus applies can be calculated by dividing the net value corresponding to the assets and rights located in Ceuta and Melilla and their dependencies (VN) by the taxable base and multiplying this quotient by the total tax. That is to say:

VN x Total share ÷ Taxable base

Example:

Mr. SMG, a resident of Malaga, presents the following information in his Wealth Tax return for the 2024 tax year:

Taxable base: 1,400,000
Taxable base: 700,000

The following are among the declared assets:

Commercial premises located in Ceuta with a net value of: 195,000
Shares of SA "X", domiciled and with exclusive corporate purpose in Ceuta, whose net value amounts to: 100,000

Determine the amount corresponding to the tax bonus for assets located in Ceuta and Melilla:

Solution

Full amount of the Wealth Tax ⁽¹⁾ = 2,790.36
Net value of assets in Ceuta and Melilla ⁽²⁾: 100,000
Part of the share corresponding to said assets ⁽³⁾ = 199.31
Bonus (75 per 100 s/199.31) = 149.48
Amount to be paid (2,790.35 – 149.48) = 2,640.88

However, please note that, from 31 December 2024, and while the temporary solidarity tax on large fortunes is in force, for residents of the Autonomous Community of Andalusia the possibility of the taxpayer choosing between two bonuses is eliminated (the general bonus of article 25 bis and the bonus established by the fifth transitional provision of Law 5/2021 for taxpayers obliged to file the ITSGF ), so that only a bonus determined by the difference, if any, between the total full amount of the tax itself, once the joint limit established in article 31 of Law 19/1991, of 6 June, on the Wealth Tax, and, where applicable, the total full amount that would correspond to the temporary solidarity tax on large fortunes, once the joint limit established in article 3 has been applied. Twelve of Law 38/2022. In this way, the taxpayer who is required to file the ITSGF will not have to pay any amount in this case for said tax; will be taxed exclusively by the Wealth Tax.

Notes to the example:

⁽¹⁾See the applicable tax scale in the Autonomous Community of Andalusia in Chapter 4.

The Autonomous Community of Andalusia has repealed, while the ITSGF is in force, the tax scale established in article 25 of Law 5/2021, of October 20, on Transferred Taxes of the Autonomous Community of Andalusia. Consequently, the scale established by Article 30 of Law 19/1991 on Wealth Tax is temporarily applicable. For these purposes, see the fifth transitional provision of the aforementioned Law 5/2021, as amended by Section Four of the Fifth Final Provision of Law 7/2024, of December 23, on the Budget of the Autonomous Community of Andalusia for the year 2025.

Up to 668,499.75 = 2,506.86>

Rest (31,500.25) x 0.90% = 283.50

Total full fee (2,506.86 + 283.50) = 2,790.36 ^(Back)

⁽²⁾As the taxpayer is not a resident of Ceuta or Melilla, he or she is not entitled to apply a tax credit for the premises. ^(Back)

⁽³⁾The portion of the full quota corresponding to the shares of SA "X" is determined by the following operation: (100,000 x 2,790.36) ÷ 1,400,000 = 199.31. ^(Back)