TAXES. The new income tax for the year 2011. Hi all once again.
had long wanted to offer the ability to write in this blog to others. Professionals in the world of taxes, international trade, banking, investment, can make "entry" very interesting will surely read much more than I can do.
Today, Don Palomino Ricardo Alvarez will make the first collaboration outside of this blog. Degree in Economics from the Universidad Autonoma de Madrid. In 1993, she joined the Management of Public Finance, now called the Technical Corps of Finance. It Head of Service in the General Assistance Legal and Policy Coordination Department of Tax Management of the Inland Revenue, with the experience that gives the performance of this job since mid-1995, having dealt with issues as diverse as the records exemption in the income tax of Sports Federations, the program reports on Tax Management procedure, the filing of appeal before the Regional Economic and Administrative Courts, numerous income tax campaigns in the answers to the complaints filed with the Council for Defense of Taxpayer etc.
This 2010, also a member of the Court examiner at the Technical Opposition Treasury.
Ultimately, Ricardo is what I call a "professional contrasted enough."
few days ago, taking advantage of our sincere and old friend, I put in the commitment to write for this blog. I asked him to do an entry on "The New Income Tax for 2011, comparing with the current rules. An extremely interesting topic for everyone. His response was immediate ... ... ... ..
Thanks Richard, for your generous collaboration, and make a hole in your busy schedule to tell me yes and I know you've done with the whole illusion.
I leave you with the interesting "entry."
A final nuance : Everything that Richard is going to comment, is made on the basis of Articles 60 to 70 of the Draft Budget Law State (LPGE) for 2011 and, therefore, must still be debated and voted on in Parliament. Even may be modified in any of his appearances in the parliamentary process. Its entry into force is scheduled to the January 1, 2011, that is, would apply to the "Income Statement" is made in 2012, in respect of income received in the year 2011.
Regards,
José Antonio
joseamoraleslopez@hotmail.com joseamoraleslopez@gmail.com
NEWS FOR THE YEAR 2011 income tax
1. UPDATE COEFFICIENTS OF THE PURCHASE PRICE OF PROPERTY TRANSMITTED IN 2011.
First, and as always, the next LPGE (Article 60) update updates the coefficients of the acquisition value of property, for transfers of property not used for economic activities to be carried out during 2011.
To do this, for each year, the update rate increases in 2010 compared to 1%. For example, the update rate for 2010 for transmissions in 2000, was 1.2070, coefficient renumbered in 2011, of 1.2191.
Similarly, 2011 update to update the coefficients of the acquisition value in the transmissions of real estate to business activities economic (as provided in Article 72 of Draft LPGE-2011).
In updating the values \u200b\u200bof acquisition, capital gains declare that no more than the difference between the transfer value and the purchase price, be a lower amount and therefore will reduce the amount of tax due.
2. REDUCTIONS ON PERFORMANCE OF CERTAIN WORK AND ECONOMIC ACTIVITIES.
LIRPF Article 18.2 - Percent reduction applicable to certain employment income.
Project LPGE-2011 limits the reduction of 40%, for integrated performance of work have had a generation time of over two years and which are not a regular or recurring, and as those obtained from qualifying regulations as well as irregular in time, inserting the following paragraph, with effect from 1.1.2011 and indefinite duration:
"The full performance level referred to this section on which will apply this reduction may not exceed the amount of 300,000 euros per year .. "
legislation in force until December 31, 2010, NO fixed limit to qualify for the reduced 40%.
LIRPF Articles 20 and 32.2 - Reduction for obtaining employment income and certain income from economic activities.
indefinite period is given to the wording of Article 20 of the Income Tax Act by the LPGE-2010, ie the amount of the reduction by obtaining income from work remains exactly as it was, without vary at all from the year 2009 and 2010.
The same applies to the reduction of net income derived from economic activities governed by Article 32.2.1 ° of the Income Tax Act (which applies to "self" that only provide services to a third party .) is granted indefinitely to the amounts set for 2010 and already were identical to those for 2009.
3. Reduction in rental housing.
With effect from 1 January 2011 and in force indefinitely, the Draft LPGE-2011 introduces small improvements in the treatment of leases of property, from the standpoint of the lessor, improving the percentage of initial reduction in net income obtained from 50%, effective in 2010, up to 60%.
As "compensation" to be eligible for 100% reduction on net income derived from the lease, the tenant must not exceed the age of 30 years (35 years with the law in force at 31.12. 2010).
Thus, amending section 2 of Article 23, which reads as follows:
"2.1 º. In cases of leases of real property for housing, the net income calculated in accordance with the provisions of the preceding paragraph, be reduced by 60 percent . In the case of positive net income, the reduction will only be applicable in respect of income declared by the taxpayer.
2 º. This reduction will 100 percent, when the lessee has an age between 18 and 30 and a net income from employment or economic activities in the tax period in excess of public income indicator of multiple effects.
Lessee shall report annually to the lessor, as determined by regulation, compliance with these requirements.
If there are several tenants in the same housing, this reduction will be applied to the net yield proportionally corresponding to tenants who meet the requirements of this number 2 º. "
Regarding the age of the tenant , is also added, from 1.1.2011, a new transitional provision nineteenth, with the following contents:
Transitional provision nineteen. Reduced lease contracts from before January 1, 2011.
"For the implementation of the reduction of 100 by 100 under No. 2. No section 23.2 of this law, the age of the tenant be extended until the time you reach 35 when the lease had been concluded prior to January 1, 2011 with the tenant .. "
4. MINIMUM PERSONAL AND FAMILY.
LIRPF Article 57 - Minimum taxpayer LIRPF Article 58 - Minimum and Descendants; Article 59 LIRPF - Minimum of ancestors, and Article 60 LIRPF-Minimum disability.
The amounts remain unchanged in all cases on the force for the years 2009 and 2010. All it Project LPGE-2011 is to give those amounts remain in force indefinitely.
5. GENERAL AND SUPPLEMENTARY SCALES OF TAX.
LIRPF Article 63.1 - General Tax Scale.
Bill of PGE-2011 also incorporates an indefinite term, two new sections to the general tax scale for "sobregravar" on high incomes, in addition to the four existing sections and valid until December 31, 2010. The two new sections are:
Base Fee Payable rest taxable income Type
120,000.20 ; 22.358,26 55.0000 22,5 175.000,20 34.733,36 En adelante 23,5
LIRPF Article 74.1 - Tax Autonomy Scale.
Consistent with the modification in the overall scale of tax proceed to amend the regional scale of the tax, in accordance with the provisions of Law 22/2009, which regulates the financing system the Autonomous Communities of common system and the Autonomous Cities , applying the scale rates each Autonomous Community regional set up, within regulatory limits under the Law 22/2009.
6. TYPES OF TAX SAVINGS.
The LPGE-2011 maintains the overall level of taxation of savings (19% to the first 6,000 euros and 21%, from 6,000.01 euros) established in 2010, but changed from 2011-in force indefinitely the percentages for the state party and the state, which are now distributed by 50% (9.5% to € 6,000 and 11.5% from 6000.01 euros, both for the State to the Autonomous Communities), when under the rules in force until December 31, 2010 up to 6,000 euros corresponding to the Autonomous Communities the 7.28% and 11.72% to the State, and from 6,000.01 euros corresponding to the autonomous regions below the 8.05% and 12.95% to the State .
That is, we will taxed at 19% or 21%, as appropriate, upon receipt of interest bank deposit accounts or when payment of a dividend of shares or when we perceive interest on debt securities.
7. DEDUCTION FOR NORMAL HOUSING INVESTMENT.
This is a modified "star" by the new LPGE introduced in 2011, introducing a limit tax base (24,107.20 euros, non-existent with the rules in force until 31.12.2010) for be eligible to apply this deduction in respect of all those homes whose legal acquisition occurs prior to 31.12.2010.
also adjust the maximum annual basis which will be able to apply the deduction (to 31.12.2010, established in 9,015 euros).
In any case, further introduce a transitional regime to continue to apply the current allowance scheme to 31.12.2010, provided that the property was acquired before 31.12.2010 :
A. FOR ACQUIRING YOUR HOME ABOUT DAILY, FROM 1 JANUARY 2011 , the Article 68 LIRPF , according to the above, reads as follows:
"1 . Deduction for investment in residence.
1 º. taxpayers whose tax base is less than 24,107.20 per year may be deducted 7.5 percent of the amounts paid in the period concerned by the acquisition or rehabilitation of housing which constitutes or will constitute internal taxpayer's normal. For this purpose, the rehabilitation must meet the conditions established by regulation.
(...)
also taxpayers whose tax base is less than 24,107.20 per year may apply the deduction for amounts deposited in banks in accounts that meet the requirements of formalization and provision set out in regulations , and always intended for the initial acquisition or rehabilitation of residence.
In the case of nullity of marriage, divorce or legal separation , the taxpayer whose tax base is less than 24,107.20 per year may continue to practice this deduction, in the terms laid down, the amounts paid in the tax period for the acquisition of which was for the duration of the marriage his residence, provided that this condition will continue to have joint children and the parent in whose company are.
The maximum base this deduction will be:
a) when the tax base is exceeding EUR 17,707.20 year: 9,040 euros per year,
b) where the tax base falls between 17707.20 and 24107.20 per year : 9,040 euros less the result of multiplying by 1.4125 the difference between taxable income and 17707.20 per year.
2 º. (...)
3 º. (...)
4 º also may apply the deduction for investment in residence taxpayers whose tax base is less than EUR 24,107.20 annual works and installations made of adequacy in the same, including the common elements of the building and serve as a gateway between the farm and road , with the following specialties:
a) Works and fitness facilities must be certified by the competent authority as necessary for sensory communication accessibility and to facilitate adequate and dignified development of people with disabilities, on the terms set out in regulations .
b) will be entitled to deduct the works and fitness facilities to be made to the taxpayer's residence, by reason of disability of the taxpayer himself or his spouse or relative online direct or collateral consanguinity or affinity to the third degree, who lives with him.
c) The dwelling must be occupied by any person referred to above as an owner, lessee, sublessee or beneficial.
d) The maximum base this deduction, regardless of the concentration in the number 1, above, is:
- when the tax base is equal to or less than 17,707.20 per year: 12,080 euros per year,
- where the taxable amount is between 17707.20 and 24107.20 per annum : EUR 12,080 less the result of multiplying by 1.8875 the difference between taxable income and 17707.20 per year.
e) The deduction rate will be 10 percent.
f) means a circumstance which necessarily requires the change of residence when the former would be inappropriate due to disability.
g) case of works to modify the common elements of building serve as a gateway between the urban property and public roads, as well as necessary for the implementation of electronic devices that serve to overcome communication barriers sensory or promoting its safety, may apply this deduction in addition to the taxpayer referred to the b) above, taxpayers who are joint owners of the building in which the home is located. "
Two important nuances: One, the percentage of deduction acquisition of residence, remains at 15%, what happens is that the state section you corresponde el 7,5% y al tramo autonómico le corresponde el otro 7,5%.El artículo modificado a que se hace mención anteriormente es el relativo al tramo estatal. Dos, cuando se habla de "adquisición" de vivienda habitual, por "adquisición", hay que entender la fecha de compraventa de la vivienda habitual, según consta en la escritura pública . La fecha de adquisición, a efectos de aplicar la deducción por vivienda habitual, no es la fecha en la que se dan las arras o señal por la compraventa, ni es la fecha de firma del contrato privado . La única fecha a tener en cuenta es la fecha de adquisición de la home to put on the public deed.
As noted earlier, the Draft LPGE-2011 also adds a new transitional provision eighteenth, for those who had acquired their main residence BEFORE 1 JANUARY 2011 or also they had already met prior to 1.1.2011, quantities for the construction of the same (amounts paid to promoting the self-construction housing or housing) with the following contents:
"1. Taxpayers whose taxable income exceeds EUR 17,724.90 per year who acquired their main residence prior to January 1, 2011 and amounts paid before that date for the construction of the same , will be based maximum deduction respect of that dwelling is set out in Article 68.1.1 of this law as it stood in force on December 31, 2010, even if your taxable income is less than 24,107.20 per year.
Also, the maximum deduction shall be as provided in the preceding paragraph works for rehabilitation or expansion of residence, provided that the requirements of amounts prior to January 1, 2011 and those works are completed before January 1, 2015.
2. Taxpayers whose taxable income exceeds EUR 17,738.99 per year that would have satisfied amounts to the execution of works and facilities for adequacy of residence of persons with disabilities prior to January 1, 2011, will be based maximum deduction about the same as laid down in Article 68.1.4 of this law in its wording in force on December 31, 2010, provided that the above works or installations are completed before January 1, 2015, even if your taxable income is less than 24,107.20 per year.
3. In any case, pursuant to this provision based on the deduction for all investments made residence in the tax period exceed the maximum base amount of the deduction provided for in Articles 68.1.1 and 4 of this law in its wording in force on December 31 2010. "
B. LIRPF Article 69 regulates the deduction, state-by renting the residence.
also with effect from January 1, 2011 and indefinite duration, was amended by paragraph 7 of Article 68 of the Income Tax Act, to suit the amounts used also for the deduction for purchase construction or rehabilitation of residence:
"7. Deduction rent for the residence .
taxpayers whose tax base is less than EUR 24,107.20 per year may deduct 10.05 per cent of the amounts paid in the tax period for the rental of his residence.
The maximum base of this deduction will From
a) when the tax base or less to 17,707.20 per year : 9,040 per year,
b) when the tax base is between 17,707.20 and 24,107 , 20 per year: 9,040 euros less the result of multiplying by 1.4125 the difference between taxable income and 17707.20 per year. "
2010, the wording of this precept was:
"7. Deduction for rental of the residence.
Taxpayers may deduct 10.05 percent of the sums in the tax period for the rental of his residence, if your taxable income is less than 24,020 per year.
The maximum base of this deduction will be:
a) when the tax base is equal to or less than 12,000 per year: 9,015 euros per year,
b) when the tax base falls between 12,000.01 and 24,020 euros per year: € 9,015 less the result of multiplying by 0.75 the difference between taxable income and 12,000 per year. "
8. DEDUCTION FOR REMOVAL OF BIRTH OR ADOPTION.
Article 81.bis LIRPF - Deduction for birth or adoption:
With effect from 1 January 2011 and indefinite period is deleted called "check baby," laid down in Article 81.bis of LIRPF and consisted of the following:
"1. Taxpayers referred to in Article 2. Of Law 35/2007 of 15 November, the fee may be reduced differential this tax by 2,500 per year for each child born or adopted in the tax period (...)
also be deleted, thus the references to Article 81.bis contemplate Article 103 , paragraphs 1 and 2 of LIRPF on the tax return derived.
There remains, however, also with effect from 1.1.2011 and indefinite duration, the additional provision of Act 26 of income tax on the deduction for the birth or adoption, introduced by Royal Decree Law 8 / 2010 of 20 May for all births in 2010 , as follows:
" births that have occurred in 2010 and adoptions that had been formed in that year will be entitled in that period tax deduction for the birth or adoption governed by Article 81.bis of this Act provided that the Civil Registration must take place before January 31, 2011, may also, in the latter case, apply before that early date perception of the deduction. "
9. TAXATION OF PARTNERS OR PARTICIPANTS IN COLLECTIVE INVESTMENT INSTITUTIONS (SICAVS).
With effect on reductions of capital and distribution of premium of investment companies CAPITAL VARIABLE, conducted from September 23, 2010, and in force indefinitely, LPGE draft-2011 amending paragraphs 1 and 2 of Article 94 of the Income Tax Law.
Thus, in paragraph a) of Article 94.1, the exceptions to the deferral regime newly acquired shares or units in UCITS be further identified with respect to fiscal year 2010, being as follows:
"The system of deferral under the second paragraph of this paragraph a) not will be applicable when, by whatever means are available to the taxpayer the amount derived from the refund or transfer of shares or units of collective investment institutions . Nor will apply those rules when the transmission deferral or reimbursement or if the subscription or acquisition intended to equity interests representing the collective investment institutions referred to in this article, are deemed listed mutual funds or shares in the companies of the same type as provided in Article 49 Regulations Law 35/2003 of November 4 of collective investment schemes approved by the Royal Decree 1309/2005 of November 4 . "
then introduced in Article 94.1, the two new cases of tax partners or participants in the Collective Investment Institutions (c) and d)), the case of capital reductions and distribution of premium of investment companies with variable capital, completely novel approaches to the regulation , 2010 . Thus, taxpayers who are members or participants of the IIC regulated by Law 35/2003, also charged the following income:
"c) In cases of reduced capital companies variable capital investment that is intended to return contributions , the amount thereof or the market value of assets or rights received, which qualify as investment income according to the provisions in point a) of Article 25.1 of the Act, to limit over the following amounts:
- The increase the net asset value of shares from its purchase or subscribe to the time of the reduction of social capital.
- When the reduction of capital comes from profits, the amount of such benefits. For this purpose, it is considered that reductions in capital, whatever its purpose, primarily affect the part of social capital that comes from earnings, until its cancellation.
The excess over that limit to lessen the purchase price of the shares affected, according to the rules of the first paragraph of Article 33.3 a) of this Act, until its cancellation. In turn, the excess could be taken as income from capital from the equity participation in any type of entity, in the manner provided for the distribution of the premium.
In no case will be within the exemption provided for in the letter y) of Article 7 of this Act to regulated investment income in this letter.
d) In cases distribution of premium on shares of investment companies with variable capital , the total amount obtained without the Impairment resulting from application acquisition value of shares expected in Article 25.1 e) of this Act "
10. MODULE ORDER 2011.
The BOE November 30, 2010 is published ORDER EHA/3063/2010, 25 November, which was developed for the 2011 method objective assessment of income tax and VAT simplified special scheme . Following the pattern of previous years, for the most part a literal reproduction of its predecessors. The only news to note are:
1. everything disappears on the unique possibilities of calculation of VAT is regulated by Order 2010 to adapt the calculation of fees to two changes in tax rates : the general rate increase and reduced from 1 July application, from 13 April, the reduced rate to construction activities performed in the repair and renovation of private dwellings. Consequently there are some unique amounts of "annual tax due per unit" applies both to quantify the quarterly payments to the annual fee.
2. Maintain 5% reduction in the net yield of modules was also established in 2010 . This reduction is contained in the additional provision 1.
3. Additional Provision 2 ª, down rates of return on net to apply, exceptionally this year, three agricultural activities and had the same exceptional treatment in 2010 : table grapes, flowers and ornamental plants and snuff .
