News published in INFORMA 2017

News published in INFORMA in April

The start of an activity included in the objective estimate regime, after de-registering from a different system in which the taxpayer was taxed using the simplified direct estimate method for at least three years, can apply the objective estimate regime for the new activity. If three years have not elapsed then this is incompatible, and the direct estimate method must be used.

The condition of a disabled person for Social Security pensioners, for the purposes of Personal Income Tax, is understood as accredited if a permanent total or absolute disability or severe disability pension has been recognised. However, in the case of NON-CONTRIBUTORY disability pensions, this is not understood to be accredited automatically. Instead, a certificate of the degree of disability is required, issued by IMSERSO or by the Autonomous Community.

As of 11.3.2012, the Personal Income Tax exemption has been regulated for capital gains received from the dation in payment of the taxpayer's residence for certain debtors who fall within the exclusion threshold. The subsequent modifications are also listed, which extend the group who can apply the exemption, including the latest approval of RDL 5/2017, in effect from 18-3-2017.

This explains what is understood as contributory unemployment provisions and assistance services of the unemployment protection system, for the purposes of deductions for large families and deductions for disability, in article 81.bis, and they are listed.

Financial institution that returns the investment to minority shareholders who participated in the IPO. The amounts received will generate CAPITAL GAINS to be integrated into the savings tax base, due to the difference between the total amount of quantities received by the financial institution and the amount for which the shares were acquired, if shares are issued. If the shares have already been sold, the capital gains will be the amount received as compensation.

Royal Decree-Law 5/2017 amends the requirements that mortgage debtors and their guarantors must meet to be within the exclusion threshold, and to get the exemption from capital gains for the dation in payment of the main residence: single-parent family with any number of children, a family unit with a minor, cohabitation of relatives up to the third degree in certain situations, or a family unit with a victim of gender-based violence.

The family deductions in article 81.bis of the Personal Income Tax Act for taxpayers who are registered with Social Security or a Mutual Fund are also extended to taxpayers in Spain registered in social security systems of other countries.

The family deductions in article 81.bis of the Personal Income Tax Act for taxpayers who receive unemployment provisions or pensions paid by public social security systems are also extended to taxpayers in Spain who receive said provisions or public social security pensions from other countries.

For the purposes of applying the deduction for maternity outlined in article 81 of the Personal Income Tax Act, being on sick leave for a common illness does not mean that the working mother is no longer pursuing an activity as an employee with contributions to Social Security or a corresponding mutual fund, without prejudice to the fact that she must meet the other requirements outlined in article 81, and, where relevant, can benefit from the deduction and the advance payment.

Exceeding the 600,000 euro turnover limit determines the exclusion of the direct simplified modality in the following three years. However, in turn, exceeding the limit in the three following years does not initiate a new three-year exclusion period. At the end of the minimum three-year period, the taxpayer can return to the simplified modality if they do not renounce, and meet the exclusion limits of the method in the year immediately prior to this,