Close Tax Income Tax: Tax Reform 2015

Dear customers,

Here we present new products for the coming year:

Exemption for reinvestment in annuity: 38.3 LIRPF Art and art.. 42 RIRPF

New course exemption (over 65 years):

Are exempt from capital gains taxation that meet the following requirements:
Which derive from a transmission.
That the transferor is over 65 years.
That the amount obtained for the transfer is reinvested in an annuity secured within a period of six months, in regulatory conditions (insurer).
Cousin maximum: 240,000 euros.
If the reinvested amount is lower than the price application, proportionality rule (what if I sell for 500,000 and 240,000 reinvest?).
-If Advance all or part of the annuity constituted taxation of the gain.

OPERATION APPLICATION
Retirement plan
X
annuity NO
(Not derived from a transmission)
Second home
X
IF annuity
(The value is to reinvest minus expenses and taxes inherent to the sale)
Pharmacy
X
annuity -Existencias: NO (RAE)
-Inmovilizado And license: YES (GGPP)
Taxi license
X
annuity SI: It is a derivative GGPP affection transmission element

Lease and economic activity. Art 27.2 LIRPF

He removes the requirement for dedicated room designed to carry out the management of the activity, maintaining the requirement of person employed with a formal contract and full-time.
-Problem Practical Legislation uncoordinated between different regulations and taxes, especially in cases of group:

PIT IS IP ISD
Person hired YES YES YES YES
Local affection NO NO NO YES
I compliance at group level? YES NO NO

.Novedades In the taxation of pension

Taxation of pension and life cycle of the investment

Input stage Phase Phase capitalization collection of benefits
With reduction (deferral of taxation)
10 000 per year with a limit of 30% of RNT or nAchR
12,500 from 50 years to 30% limit RNT or patrimonial taxation nAChR Exemption (Tax assets) work performance (equivalent to a pension).
Single amount of 8,000 euros liquidity windows from 10 years (from 2025).
Art. 51.6 LIRPF Art. 8 RDL 1/2002 TRLRPFP

Modification of the transitional arrangements prior to 2006 contributions (DT 12)
Plans for pensions (or PPAs) hired before 20/01/2006: A contingency occurred as from 01.01.2007, for the amount of contributions made until December 31, 2006 part, can apply 40% reduction (payment in the form of capital).

New tax reform

Contingency
Provision in the form of capital

right to charge up reduction:

2015 onwards Exercise contingency and 2 below
2011-2014 Until the 8th next year
2010 or earlier fixed limit until 12.31.2018

Need to plan the recovery of claims arising from insurance contracts and pension hired before 2006.

Rule applicable (DT 12) applicable Rule (DT 12) Contingency application limit 40% reduction
Special rule (contingency produced before 01/01/2015) Contingency produced before 31/12/2010 (fixed limit on 12.31.2018) (…) 2018
Special rule (contingency produced before 01/01/2015) Contingency produced before 31/12/2010 (fixed limit on 12.31.2018) 2007 2018
Special rule (contingency produced before 01/01/2015) Contingency produced before 31/12/2010 (fixed limit on 12.31.2018) 2008 2018
Special rule (contingency produced before 01/01/2015) Contingency produced before 31/12/2010 (fixed limit on 12.31.2018) 2009 2018
Special rule (contingency produced before 01/01/2015) Contingency produced before 31/12/2010 (fixed limit on 12.31.2018) 2010 2018
Special rule (contingency produced before 01/01/2015) Cotingencia produced between 01/01/2011 to 31/12/2014 (exercise + 8 years later) 2011 2019
Special rule (contingency produced before 01/01/2015) Cotingencia produced between 01/01/2011 to 31/12/2014 (exercise + 8 years later) 2012 2020
Special rule (contingency produced before 01/01/2015) Cotingencia produced between 01/01/2011 to 31/12/2014 (exercise + 8 years later) 2013 2021
Special rule (contingency produced before 01/01/2015) Cotingencia produced between 01/01/2011 to 31/12/2014 (exercise + 8 years later) 2014 2022
General rule: events which occurred patir of 01/01/2015 (exercise + 2 years after) General rule: events which occurred patir of 01/01/2015 (exercise + two years later) 2015 2017
General rule: events which occurred patir of 01/01/2015 (exercise + 2 years after) General rule: events which occurred patir of 01/01/2015 (exercise + two years later) 2016 2018
General rule: events which occurred patir of 01/01/2015 (exercise + 2 years after) General rule: events which occurred patir of 01/01/2015 (exercise + two years later) (…) (…)

Developments in the treatment of capital reductions and return of PE: Arts 25.1 e) and 33.3 a) LIRPF

Current regime until 2014
-the Amount obtained by returning the premium or capital reduction: Minoraba until its cancellation, the acquisition value of the shares affected. Excess taxed as RCM.

New tax reform
-In Unlisted companies, the proceeds are considered RCM (SIN HOLD), with the limit of the positive difference between:

+ FFPP last financial year
-Benefits Distributed and included in the quoted FFPP – Acquisition value

-The Excess of the above limits will reduce the acquisition cost until they are canceled and taxed as RCM.
Practical-effect: Taxation, first, of the generated and not distributed during the time of ownership of the holding reserves.

THE TAX IS IN SCP-CB

Taxation regime change: From 2016 IS taxed by the SCP that meet the following requirements:
-Have Legal personality
-Have A commercial form
Resolution AEAT (published but not adopted) is judged appropriate to establish guidelines that, in the case of newly created entities, to determine to what kind of entity we are for purposes of correct classification. Three aspects are analyzed:

1) Legal status of civil societies.
2) specify when it is understood that civil society has a commercial form.
3) Mark the difference between civil society and community property.

Legal status of civil society: “It will be considered that civil societies have legal personality affects the income tax by its constitution in public document or a private document provided to the tax authorities for the purposes of allocating the NIF. As always you must provide the document that the voluntary agreement (art. 24 RGAT) appears, will always be considered and inform applicants of NIF having legal personality. ”

Article 1669 of the Civil Code: civil society is a legal entity provided that the agreements between partners are not secrets.
-Consultation V2394-15:
-Consultation V2378-15:

Specify when it is understood that civil society has a commercial form. “Therefore, in accordance with the consultation of the DGT and the report of the Legal Service of the State Tax Agency, supra, is a commercial form carrying out an economic activity of production, exchange or provision of services, except for entities engaged to agriculture, livestock, forestry, mining or professional nature “.

According to the Commercial Code, shall have no commercial form and professionals (Art. 326 BCC.) Agricultural, forestry, and mining.
Binding consultation: V0547-15, V2391-15, V2394-15, V2430-15, V2378-15.

Mark the difference between civil society and community property, “Whenever there is intention to combine for an activity we have a society, not a community of goods.”
“Merely formal distinction, based on the name of community property or civil society, is not sufficient for acceptance by the Tax Agency of the statements by the interested parties and must be given due qualification”

In conclusion, according to the above, when a NIF community property or civil society requested to assess to what kind of organization we will have to analyze the document evidencing situations of joint ownership or agreement of wills made to request that NIF, taking into consideration:

CB CB indications SCP
Is not there or prior existence of a heritage ?. BUT
Does the property is owned jointly by all community ?. BUT
Is there willingness to partner different from the mere ownership that should already have all applicants ?. NO YES
Are new property or rights outside the existing ownership is provide ?. NO YES
Is there no co-owners or partners ?. NO YES

What happens if I’m wrong or SATA mistake in processing the 036, the subsequent adjustment will be punishable?
What about the CB and existing SCP?
What about cases of pharmacies and other unique situations?

We hope to have the answer before the start of the 2016 …

I consulted tax advice Barcelona,

GAFIC, SLP
Advising companies since 1985
www.gafic.com