FAQs
- Name, surname and tax identification number.
- Identification of the holder's Long-Term Savings Plan.
- Plan opening date (or initial opening date if Plan resources have been mobilized).
- Contributions made to the Plan during the year, including, where applicable, those prior to the mobilization of the Plan.
- Positive and negative returns on capital assets obtained during the year.
- In the event of termination of the Long-Term Savings Plan, the date of termination, all positive and negative capital gains obtained since the opening of the Plan and the basis for the advance payment that, where applicable, must be made will be stated.
It should only be included in Form 280 to the extent that it concerns income that is payable by the beneficiary.
In cases of termination of the PALP, either due to a provision made prior to the 5-year period, or due to exceeding the annual contribution limit of 5,000 euros or due to other circumstances (due to maturity without reinvestment in another PALP, for example).
In these cases, both the accumulated positive and accumulated negative returns must be declared separately.
In cases of termination of the Plan for reasons other than the provision prior to 5 years or exceeding the contribution limit of 5,000 euros per year, as occurs in cases of expiration of the Plan.
In these cases, they are imputed only in the part of the total amount of said negative returns that exceeds the sum of the returns of the same Plan to which the exemption would have been applied.
Form 280 must be submitted by the entity that markets the PALP, which will be:
- In the case of CIALP, the financial entity that markets it
- In the case of SIALP, the insurance entity, even if it is marketed through the financial entity.
Form 280 must include information on taxpayers who have been holders of a PALP at any time during the year, even if they are no longer holders at the end of the year.
Entity A must record in position 110 of record type 2 (declared record) the key B-Deregistration of a Long-Term Savings Plan for transfer to another insurance or credit entity. If the Plan had been opened that same year before mobilization, you must enter the key D-Registration of a Long-Term Savings Plan and mobilization to another insurance or credit entity in the same year of opening.
Entity B must record in that same position 110 the key C-High of a Long-Term Savings Plan for mobilization from another insurance or credit entity.
All those made during the year to which the information declaration refers, whether or not they exceed 5,000 euros per year.
For the declarant of origin of the Plan, the positive and negative capital gains and contributions of the year must be included, up to the date of mobilization of the Plan.
For its part, the declarant who is the recipient of the economic rights of the Plan must include the positive and negative returns on movable capital, and contributions of the year from the date of mobilization of the Plan.
Not necessarily, since the retention is applicable in two specific cases of non-compliance: early withdrawal (total or partial) of the Plan or failure to comply with the maximum annual contribution limit of 5,000 euros. In these cases, the information regarding the withholding base will coincide with the amount of positive returns accumulated since the opening of the Plan, including those that may be obtained upon its termination.
However, regardless of whether the income is subject to withholding or not, failure to comply with any requirement established in the regulation (Additional Provision 26 of Law 35/2006) implies that the exemption of positive income from movable capital generated during the validity of the Plan is not applicable.
We must differentiate between:
- Termination due to disposal of the amounts before the 5-year period or due to failure to comply with the limit of 5,000 euros of maximum annual contribution: In this case, it must be recorded with key 1 in position 137 of record type 2 (declared record)
- Other extinctions: In this case, it must be recorded with key 2 in position 137 of record type 2 (declared record)
No. Exempt positive and negative returns during the validity of the Plan must be included only in Form 280, and must not be declared in Form 196. However, non-exempt positive returns must also be declared in Form 196.
However, the rest of the information regarding the Plan account (CIALP) relating to holders, average balance for the last quarter, balance as of December 31, etc. must be declared in form 196.