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Form 100. Personal Income Tax Return Declaration 2017

8.1.1.4. Completion

You must complete the following sections.

  • NIF OF THE ENTITY

    Enter the tax identification number (NIF) of the entity under the income attribution regime whose attributed income must be included in this section and of which the taxpayer is a partner, co-owner or participant. Box 0196.

    Non-resident entities that do not have a NIF must enter in box 0196 the identification number assigned to said entities in the country of residence, and mark box 0197 with an “X” to indicate this circumstance.

  • PERCENTAGE OF TAXPAYER'S PARTICIPATION IN THE ENTITY

    This box will indicate, expressed with two decimal places, the percentage of participation that the partner, participant or commoner has in the entity under an income attribution regime.

  • ATTRIBUTED INCOME

    The net attributed income will be recorded in the corresponding boxes depending on the source from which it comes: returns on movable capital, distinguishing between those to be included in the general tax base or savings base, returns on real estate capital, returns on economic activities and capital gains and losses, also distinguishing within the latter between those that do or do not derive from the transfer of a capital asset.

    The amount of any reductions and deductions to which the taxpayer is entitled shall also be recorded, where applicable.

    Note: Income corresponding to the special regime for imputation of real estate income must be declared in section " Real estate assets available to their owners" ( section C on page 5 of the declaration).

    • Income from movable capital to be included in the general tax base:

      The taxpayer must provide the net income attributed and, where applicable, the amount of reductions and deductions to which he or she is entitled.

    • Income from movable capital to be included in the taxable savings base:

      You must provide the following information:

      • You must record all income from movable capital without including the income indicated in the following section.

      • You must distinguish between returns on movable capital derived from subordinated debt or preferred shares (differentiating between positive and negative returns) and those that do not derive from this type of product.

    • Income from real estate capital (properties leased or transferred to third parties)

      A data capture window will open in which you must provide the net income attributed by the entity in the attribution of income and, where applicable, the reductions and allowances to which the taxpayer is entitled.

      If the net attributed return less any reductions and allowances applicable where applicable is less than the minimum computable return in the case of kinship, you must indicate in the section of the window referring to " Net attributed return " the minimum return in the case of kinship and not include any data in " Reductions and Allowances ".

      You must also list the properties leased or transferred to third parties, indicating the following data that will appear later in the declaration model in section " List of real estate leased or transferred to third parties by entities under an income attribution regime" of section C on page 6 of the declaration:

      • Holdership: The percentage of ownership of the property as a result of participation in the entity will be reflected.

      • Nature:It will be indicated whether the property has a rural or urban nature.

      • Current balance:   The code that corresponds to the location of the property will be selected from those that appear in the drop-down menu in the window.

      • Land registry reference: This section will contain the property's cadastral reference that appears on the corresponding Property Tax receipt.

    • Income from economic activities :

      You must mark with an X in the corresponding box if you choose, for the purposes of the temporary imputation of income, to apply the collection and payment criterion, instead of the accrual criterion.

      You must choose the net income determination system and record the attributed net income and, where applicable, the amount of reductions and deductions to which the taxpayer is entitled.

      Reduction due to start of activity (for direct estimation): You must indicate in the data capture window the net attributed performance reduced by the applicable reductions and deductions).

      IMPORTANT

       

      If you receive income from economic activities of several entities, you must group the income into two separate columns: on one side all the amounts with a positive income, and in the other column all the imputations that are negative.

    • Capital gains and losses attributable to 2017 : You must indicate in the corresponding boxes the capital gains and/or losses attributed by the entity, distinguishing between those that derive or not from the transfer of a capital asset.

      We will first distinguish between capital gains and losses that do not arise from the transfer of any asset.

      Next, we must first record the capital gains attributed by the entity that derive from the transfer of assets.

      In the following section, and in the event that the amount of the transfer is intended to create a life annuity, we must record said amount.

      If the Ninth Transitional Provision is applicable to the capital gain obtained, that is, if the transferred asset was acquired before December 31, 1994, the transfer value of the asset must be recorded, to which certain corrective indices are applied, part of the value from the date of acquisition to January 20, 2006.

      If the transfer is of an urban property acquired between May 12 and December 31, 2012, the capital gain obtained will be 50% exempt. You must record it in box 0223.

      In box 214 below we must record the capital gain produced by the transfer of any asset that was exempt due to reinvestment in life annuities.

      If the amount of the gain is exempt due to reinvestment in newly or recently created entities, you must indicate this in box 0225.

      In the following boxes 0226 and 0227 we must include the profits susceptible to reduction by DT 9, and the applicable reductions.

      Finally, we must record in box 0230 the capital losses produced by the transfer of assets.

  • RETENTIONS AND INCOME ON ACCOUNT ATTRIBUTED

    The withholdings and payments on account attributed will be recorded, the program will transfer the amount to box 0565 on page 19 of the declaration.

MINIMUM INCOME COMPUTABLE IN CASE OF RELATIONSHIP (Article 24 Law)

When the purchaser, assignee, lessee or sub-lessee of the real estate or the real right that falls on it, is the spouse or a relative of the taxpayer, including in-laws, up to the third degree inclusive (parents-children; grandparents-grandchildren; siblings; uncles-nephews), the total net income may not be less than that resulting from applying the rules in the section "IMPUTION OF REAL ESTATE INCOME".