On December 30, 2017, two reais decrees were published in the BOE that modify taxes and regulations of great importance for companies and freelancers. They are the following two:
Royal Decree 1074/2017, of December 29 , which modifies:
- Income Tax of natural persons (IRPF).
- Societies Tax (IS).
- Inheritance and donations tax.
Royal Decree 1075/2017 of December 29 , which modifies.
- Value Added Tax (VAT).
- Documented Patrimonial Transmissions and Legal Acts.
- Greenhouse Flored Gas Tax.
- Billing Regulation.
- General Regulation of Actions and Procedure of Tax Management and Inspection and Development of Common Standards of Procedure of Taxes.
- Exemptions in diplomatic regime.
Given the numerous changes in both real decrees, today we are going to talk about the modifications of Royal Decree 1074/2017, and in subsequent post we will address the changes of Royal Decree 1075/2017.
Royal Decree 1074/2017, of December 29, which modifies:
- Income Tax of natural persons (IRPF).
- Societies Tax (IS).
- Inheritance and donations tax
1. Income Tax of natural persons (IRPF)
- scholarship exemption to the study and training of research personnel.
The amount that is exempt from this tax amounts to the amount of 6,000 euros per year for public scholarships granted by entities benefiting from the patronage to study.
For transport and accommodation expenses in case of master’s studies or similar, the amount will be 18,000 euros per year. The limit will be extended to € 21,000 for studies abroad or doctoral studies. In the event that these two premises are met, doctoral studies abroad, the amount exempt will amount to 24,000 euros per year.
- staff training or recycling studies
In relation to the costs of studies for personal training or recycling that do not constitute income in kind, Royal Decree 1074/2017 stipulates that training expenses financed by another entity other than the employer, will not be considerate for work yields, when The condition that these companies or entities market products in what is necessary the expressed training of the employer is fulfilled (prior authorization of the same).
- extension of the minimum application by descendants
Royal Decree 1074/2017 establishes the extension of the application of the minimum by descendants, to that person or persons, by judicial resolution, attributed custody of children under three years of age.
- Exempt work yield
It is established that the amount stipulated exempt from expenses of company dining rooms ascends to 11 euros a day. On the other hand, in relation to the insurance of diseases of people with disabilities, the exempt amount amounts to 1,000 euros (compared to the 500 euros that were so far).
- self -assessment rectification
The option of being able to rectify self -assessment through the declaration itself is stipulated. To do this, the error that gives greater return in favor of the declarant must be manifest, or where appropriate, a lower income.
- retentions and income on account in preferred subscription rights transmissions
The status of obliged to retain and enter the insurance entity in relation to the operations carried out in Spain that operate in a regime of free provision of services is conferred.
On the other hand, the condition of retainer to the pension funds in relation to the operations carried out in Spain for pension funds domiciled in another Member State of the European Union is conferred.
- retention amount on patrimonial gains
The amount of withholdings, respect the patrimonial gains derived from the transmission of subscription rights, is stipulated in 19% on the amount obtained in the operation. In the event that the obligor is the depository entity, it will be carried out on the amount received for subsequent transfer to the taxpayer.
2. Societies Tax (IS)
- documentation on linked operations
For tax periods initiated after January 1, 2016, the obligation to provide the information country by country to Spanish subsidiaries, when they had been chosen by the non -resident matrix company to prepare such information.
Nor will it be necessary to contribute when the multinational designates a dependent entity that is part of the same group and is resident in a Member State of the European Union.
- country information by country (change of denomination)
The concept “existing funds” has been changed to “unpublished results.”
- exception to the obligation to retain and enter account
As of 2018, the non -obligation of retention enters into force in relation to the amount satisfied with pension funds for open funds due to the reimbursement or mobilization of participants of the funds or investment pension plans.
- obligation of subjects to retain and enter account in particular
As of January 1, 2018, it will be the insurance entity who must undertake the retention or income, in relation to the operations carried out in Spain by insurance entities with domicile in another Member State of the European Economic Space that operate in Spain.
- compensation and fertilizer of credits enforceable in front of the Public Treasury
In relation to tax periods initiated after January 1, 2018, they must adapt about the conversion of deferred tax assets in enforceable credit against the Tax Administration.
3. Succession and donations tax
- acquisition of real estate
The obligation to record the cadastral reference of the real estate acquired in the Declaration of the Tax on Inheritance and Donations is stipulated.
- accreditation means in relation to the tax
In relation to the payment of the tax, no tax incentives or incentives, taxpayers who pay taxes to the State Tax Administration may accredit it through an express certification of the AEAT, in which the requirements that allow identifying the document in the consisting of the act that originates the tax (with the payment letter or writing of self -assessment).
In this post we have published the modifications the Royal Decree 1074/2017 of December 29. This RD varies the income tax of natural persons (IRPF); the Corporation Tax; and the Inheritance and Donations Tax.
In subsequent entries, we will publish the modifications provided for in the Royal Decree 1075/2017 , of December 29. This RD modifies the Value Added Tax (VAT), the Patrimonial Transmissions Tax and Documented Legal Acts; Greenhouse Florated Gas Tax; Billing Regulations; General Regulation of Actions and Tax Management and Inspection Procedure and Common Standards of Procedure for the Application of Taxes; and exemptions in diplomatic regime.
For any consultation about some of these modifications or about any other tax issue, our technical team is available to email@example.com .