12 de November de 2013 By webmastergafic

New entrepreneurs Act 2013

Changes made by the Act to support entrepreneurs and internationalization

Among the measures introduced by the Act include:

In relation to VAT , is created a special scheme cash basis , which can delay the IVA to permeate the bill in the case of SMEs and freelancers with a turnover of less than 2 million, with the deadline of December 31 of the year immediately following that in which the same is effected. However, to avoid situations that might encourage delay in the fulfillment of their own trade obligations , taxpayers will be delayed also deduct VAT incurred on purchases until such time that these payments made ​​to suppliers, and As of December 31 limit the year immediately following that in which the operations have been made . This new system will be optional and will take effect from January 2014. The choice of this new regime will determine its application to all operations , with some exceptions such as intra-Community transactions and subject to other special tax regimes .
It also provides for the accrual of fees passed on and the deduction of input tax in respect of transactions for which application has been special arrangements that were still pending accrual or deduction in cases of bankruptcy and modification tax base for doubtful accounts .

Regarding income tax , first establishing a new investment tax credit benefits to entities having the status of small companies , linked to the creation of a nature reserve unavailable merchant . This deduction will be 10% of the profits to invest in new property, plant and equipment or investment property relating to economic activity and reinvestment shall be made in the year that you get the benefit or in the subsequent two years.
It improves the practical application of tax incentives linked to research and development tax credit permitted regain that is not able to apply . Thus, companies may apply , with a discount of 20 % , the tax credit for research and development have not been retained in previous years, due to insufficient fee. The applied amount of the deduction may not exceed 3 million euros and is linked to job retention and reinvestment of the deduction in the next 24 months .
Regarding the Patent Box , will alter the tax applicable to income from certain intangible assets , expanding the scope of deductions enjoyed by companies with application expertise (patents ) in the context of innovative activity . It will allow the reduction in the tax base 60 % provided that the transferring entity has created assets transferred, at least by 25 % of the cost.

With regard to income tax, creates a new deduction applicable to individuals who invest in a new company or start-ups. This deduction is 20% of the investment made by the subscription of shares in start -ups or , being the maximum deduction base of 20,000 euros. In the subsequent divestment , which must occur within 3 to 12 years , the capital gain is exempt is obtained as long as the other entity is reinvested in new or newly created .
Not form part of the basis of deduction the amount of the shares purchased with the balance of the business savings account , to the extent that this balance had been deducted .

On the other hand also recently published the law laying down certain measures on environmental taxation and adopting other tax and financial measures .

This Act introduced several changes in the tax regulations , primarily in the regulation of corporate income tax , which affect , in addition to the aforementioned tax, in the field of Income Tax of Individuals , Income Tax for Non-Residents , the wealth tax and certain local taxes . These include measures affecting corporate income tax .

In the income tax , with the aim of bringing the regulation of IS to neighboring countries , substantial novelty is set to the non-deductibility of impairment of shares in the capital or equity of entities regulated so far in art. 12.3 of the CIT Law , which is expected repeal . This measure is applicable from January 1, 2013 and will affect all companies but mainly affects large companies.
On the other hand , also in the corporate income tax , is extended for the years 2014 and 2015 temporary measures provided for in Royal Decree -Law 12/2012 , and Royal Decree -Law 20/2012 that primarily affects large companies :
• A limitation on the compensation of tax losses
• A limitation on the tax deductibility of goodwill in its different versions and intangible assets with indefinite useful lives .
• To limit the application of the tax credits to encourage certain activities, in each tax period.
Regarding partial payments also renewing for 2014 and 2015 the rates increased and the inclusion in the basis of partial payments of 25 percent of the dividends and income that come from the transfer of shares entitled to exemption regime and establishing certain minimum payment by installment based on the accounting profit , but only for large companies .

It also establishes the indefinite duration of the deduction for investment in film and audiovisual series , and extending the basis of this deduction, including expenses for obtaining copies and advertising and promotion to the limit of 40 % of the cost production , reduced by the financial co -funded . Recall that the amount of the deduction is set at 18% for the producer and by 5% for financial co .
It also alters the current regulation bonus income obtained in Ceuta and Melilla , in order to equate to that in the field of natural persons and establishing minimum rules to facilitate practical application of the bonus.

It provides an extension to the lease contracts whose duration is annual periods beginning on the years 2012-2015 , with the exception of the character constant or increasing the recovery corresponding to the cost of the good in the lease financial .

Finally report that in principle the model 340 concrete presentation of the VAT books which had been deferred several years , at the end it only required the Treasury , as is currently , who requested the monthly VAT return be enrolled in the REDEME .

Amendments have been adopted in relation to the model 347 and must also provide the Community of Owners .

Commercial and administrative measures to support entrepreneurship and internationalization

Provides for the creation of a new figure of society, SUBSEQUENT TRAINING COMPANY LIMITED ( SLFS ) , whose main characteristic is that no minimum capital, being , moreover , identical to the Limited Liability Company .
1. It is a limited liability company no minimum capital requirements .

Also approved that all books should be presented commercial telematics Mercatil Register (Diario , financial statements, membership , Proceedings ) . . And it must be legalized annually and minute books of registered shares or the register of members.

Labour measures to support entrepreneurs.

Specifically , in the workplace, we can highlight the following key measures :

1. Quote applicable to workers included in the Special Scheme for Self -Employed in cases of multiple jobs with full -time work or part-time over 50%
High causing workers first in the Special Regime of Social Security for Workers Self-Employed and because of the same situation multiactivity start from the entry into force of this standard ( 29 September 2013 ) , may choose as the contribution base in that time, between 50 % of the minimum contribution generally established annually by the Law on State Budget for the first 18 months , and 75 % for the next 18 months, until the maximum bases established for this special scheme .
In the case of workers at multiple jobs in the paid employment activity as part-time off a day from 50% corresponding to that of a worker with comparable full-time employment , you may choose the discharge, as the contribution base between 75 % of the minimum contribution generally established annually by the Law on State Budget for the first 18 months , and 85 % over the next 18 months, until maximum bases established for this special scheme .
The application of this measure is incompatible with any other bonus or reduction established as a means of promoting self-employment , as well as with the provisions of Article 113 Cinco.7 of Law 17/2012 , of 27 December , General Budget State for the year 2013 , or equivalent items Laws successive State Budget .

Two . Cuts to Social Security employed or self-employed for 30 years or more
The novelty lies therefore in the possibility that the self that have 30 or more years of age and high initial cause in the RETA or that had not been high in the five years immediately preceding the effective date of discharge , apply the following reductions on the share for common (share resulting from applying the minimum contribution base corresponding the minimum contribution rate in effect at all times , including temporary disability ) , for a maximum period of 18 months, scale function :
a) 80 % share for the six months immediately following the effective date of discharge.
b ) 50 % during the six months following the period referred to in point a) .
c ) 30 % share in the six months following the period referred to in point b ) .
This incentive applies also and if they meet the requirements , partners cooperative societies real community members , civil society partners , corporate partners and collective regular partners of limited partnership companies , not to the partners capital companies
Finally, the rule states that are excluded from this incentive freelancers who employ workers for others, and that the self-employed who choose this route , not be eligible for bonuses and reductions additional provision 35th of the LGSS .

Three . Reductions and bonuses of Social Security payments for people with disabilities to be established as self-employed
Under the new regulation shall :
a) A reduction equivalent to 80 % of the share during the six months immediately following the effective date of discharge ( before 50% over the five years ) . Reduction may not be applied to self employing disabled workers as employees.
b ) A bonus of 50% of the share during the next 54 months ( 4 ½ years ) .

April . Activities in clubs and sports organizations nonprofit
The sixteenth additional provision of the Act provides that , within four months from the approval of this Act entrepreneurs the Government shall undertake a study of the nature of the legal relationship and , where appropriate , mentoring in the field of Social Security application of the activity in clubs and sports organizations nonprofit that can be considered marginal and not establishing basic means of life.


1. Risk prevention in SMEs
Expand the circumstances in which SMEs can take directly the prevention of occupational hazards in case of entrepreneurs with a single workplace and twenty-five workers. To assume direct prevention, the employer must develop its business as usual in the workplace and must have the capacity ( formation ) .

Two . Electronic Guestbook Inspectorate of Labour and Social Security
It eliminates the requirement that companies have , in every workplace , a guestbook available to officials of the Inspectorate of Labour and Social Security . Instead , it is the Labour Inspectorate which is responsible for keeping this information from visits ebook to develop the Central Authority of the Inspectorate of Labour and Social Security .
Specifically, the Central Authority of the Inspectorate of Labour and Social Security available to companies , automatically and without registration request an electronic Guestbook for each of their workplaces , in which officials acting , on the occasion of each visit to the workplace or appearance of the subject check by public agencies inspected engaged , extend diligence on such action .

Attachment of the residence by Social Security debts
Thus, the purpose of the satisfaction and payment of tax debts nature and any kind of debt that is subject to collection management in the field of Social Security System , administratively seized real property , if the evidence related to self-employed it is a home that is habitually resident, but execution is conditional , first, to which are not known enough other assets of the debtor subject to immediate realization in the enforcement procedure , and secondly , that between the notification of the first attachment proceeding and the material realization of the auction, the contest or any other administrative means mediate disposal minimum period of two years. This period shall not interrupt or be suspended under any circumstances , in cases of extensions of original yet or where an extension of registry entries .

To further explore some of the issues listed above recommend consulting on our website, ” Gafic Circulars ” section ” Fiscal ” circulars dated 10/30/13 , 10/26/13 and 09/28/13 , Trade section circulars dated 28/09/12 and 09/16/13 and paragraph Labor circular dated 28/09/13 .

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