News published in INFORMA 2022

News published in INFORMA in February

The thermal social bonus is an aid granted by the State to consumers considered vulnerable. Its management and payment will be the responsibility of the Autonomous Communities and Cities with Statute of Autonomy. It is subject to personal income tax as capital gain and will be included in the General Tax Base.

Expenses due to the insolvency of debtors will be deductible, among other circumstances, when at the time of the accrual of personal income tax of six months has elapsed since the due date of the obligation. It is reduced to 3 months in 2020 and 2021, for small companies.

The increased deduction percentage of 40 percent provided for in article 19.1 of Law 49/2002 may be applied in 2021 for the donation to the same beneficiary entity of patronage, for loyalty, without it being necessary that in 2021 the amount of the donation exceeds that of the year 2020 and previous years.

The response regarding the limits has been modified and a more recent query from the General Directorate of Taxes has been added.

The child aid supplement provided for in article 11.6 of Law 19/2021, of December 20, which establishes the minimum vital income, came into force on January 1, 2022. Since it is received from 2022, does not correspond to include it in the 2021 income tax return , without prejudice to the fact that its inclusion may correspond from 2022.

It is modified to introduce the new figure of non-cooperative jurisdiction includes the previous tax havens.

From 11 July 2021, the exemption will also apply to crew members of vessels belonging to shipping companies that were registered in another Member State of the European Union or the European Economic Area, since in such cases the aforementioned vessels will be considered as also registered in the Canary Islands Special Registry, provided that they meet the same requirements and conditions as those registered.

The criteria of the Supreme Court ruling of September 15, 2021 on the concept of the acquisition value of real estate acquired for profit also applies to the right of usufruct. The value of acquisition includes the value of the right according to the rules of the Inheritance and Gift Tax.

The increased deduction percentage of 40 percent provided for in article 19.1 of Law 49/2002 could not be applied in the 2021 financial year to the donation made to the same beneficiary entity of patronage, if no donation was made in 2018, even if they were made in 2019 and 2020, since no donations were made (in 2019) for an amount equal to or greater than that of the previous tax period (2018).

Donations made to political parties by individuals will be subject to the deductions provided for in Law 49/2002 (percentages of 80 and 35 percent -40 with repetition-), without the deduction of dues or contributions for members being applicable (percentage of 20 percent).

The aid to offset the costs arising from the release of the second digital dividend, regulated by Royal Decree 392/2019, of June 21, is subject to personal income tax and taxpayers who receive it, and are required to file a return, must include its amount as capital gain .

This reference is modified to adapt the response to the new limits .