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Main tax innovations introduced by Royal Decree 31/2023, of January 24, which modifies the Personal Income Tax Regulations, approved by Royal Decree 439/2007, of March 30, to give compliance with the measures contained in the Artist Statute regarding withholdings

PERSONAL INCOME TAX (IRPF)

With effect from January 26, 2023 the following modifications are introduced in the Personal Income Tax Regulations (RIRPF).

  • Minimum withholding rate applicable to certain work income

    Section 2 of article 86 of the RIRPF is modified by the sole article of Royal Decree 31/2023 so that,

    The minimum withholding rate applicable to work income derived from a special employment relationship of artists who carry out their activity in the performing and audiovisual arts is reduced from 15% to 2% and musical, as well as the people who carry out technical or auxiliary activities necessary for the development of said activity.

    The percentage will be 0.8% when work income benefits from the deduction provided for in article 68.4 of the Personal Income Tax Law (deduction for income obtained in Ceuta and Melilla) and for the year 2023, also when it comes to income. obtained on the island of La Palma by taxpayers with habitual and effective residence on that island (DA 53 LIRPF introduced by LPGE for 2023).

  • Type of withholding applicable to certain economic activities

    Section 1 of article 95 of the RIRPF is modified by the sole article of Royal Decree 31/2023 so that,

    The withholding rate is reduced from 15% to 7% in the following cases:

    • Taxpayers who carry out activities included in groups 851, 852, 853, 861, 862, 864 and 869 of the second section of IAE Rates.

    • Taxpayers who carry out activities in groups 01, 02, 03 and 05 of the third section of the IAE Rates.

    • When the consideration derives from a provision of services that, due to its nature, if performed on behalf of others, would be included in the scope of application of the special employment relationship of artists.

    In any of these cases, it is necessary that the volume of full income from all such activities corresponding to the immediately preceding financial year is less than 15,000 euros and represents more than 75% of the sum of the full income from economic activities and work obtained by the taxpayer in said exercise.

    The percentage will be reduced by 60% when the income benefits from the deduction provided for in article 68.4 of the Personal Income Tax Law (deduction for income obtained in Ceuta and Melilla) and for the year 2023, also when it comes to income obtained in the island of La Palma by taxpayers with habitual and effective residence on that island (DA 53 LIRPF introduced by LPGE for 2023).

Real Decreto 31/2023, de 24 de enero,

por el que se modifica el Reglamento del Impuesto sobre la Renta de las Personas Físicas, aprobado por el Real Decreto 439/2007, de 30 de marzo, para dar cumplimiento a las medidas contenidas en el Estatuto del Artista en materia de retenciones.