It has not been a week since the new non -productive asset tax of legal persons in Catalonia was known and you have to start analyzing what will affect taxpayers.
What is this new tax in Catalonia
This tax seeks to tax property, and in general, any right or ownership that remits the use of non -productive goods.
Now, what is understood by non -productive active?
- real estate.
- Power motor vehicles equal to or greater than 220 hp.
- Recreation vessels.
- Art and antiques whose value is higher than the one established by the Historical Heritage Law.
Let’s go further. With the law in hand, every active is considered non -productive when:
- There is a free assignment of the asset to the owners, partners or participants of the taxpay .
- There is a assignment of the asset by price to the same persons referred to in the previous section, for private use -topical or partial -unless:
- The price has been stipulated according to market standards.
- People work effectively in society.
- People perceive for this work a higher compensation to the assignment price.
- Assets not affected by any economic activity, that is, the asset is not used in the economic exploitation of the taxpayer.
As we commented, its application is in Catalonia, so all this set of possible taxable facts must be located in said Autonomous Community.
on the taxable basis
This new tax in Catalonia determines a very specific rule of valuation for each type of asset, whose result will determine the taxable basis of tax:
- Real rights on real estate: cadastral value updated in the corresponding Budget Law.
- In cases of motor vehicles, vessels and aircraft, for its assessment, the basic market value rule is set on the date of accrual of the tax.
- The assets of use, in which it is assigned as a consequence of a financial lease operation, for the value determined by the rules applicable to the leases in the ITPAJD, that is, the Tax on Patrimonial Transmissions and Documented Legal Acts .
In this sense, to determine, both tax rates, as well as their full quota, the following is established: