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New year, tax changes

The new year is usually accompanied by changes in taxation and regulations that affect our daily financial activities. This year is no exception. In this post we will see the most significant ones. 

Based on the General State Budget Law of 2022 (published in the BOE on October 15, 2021) there are new developments that we will detail below, and that have already come into force on January 1, 2022, affecting income tax, corporate tax, IAE and others. 

1. Changes that affect the Personal Income Tax

  • The general reduction limit applicable in the tax base for contributions and private pension plans with the right to deduct in personal income tax, going from 2,000 euros per year to 1,500 euros. 
  • The maximum contributions to business plans with the right to deduction will increase by 500 euros, from 8,000 euros to 8,500 euros by 2022. This will be, not only through the business contributions, as until now, but also through contributions from the worker to this instrument as long as these contributions are equal to or less than the company's contribution. The total contribution with tax benefits It remains in 10,000 euros per year.
  • Non-Resident Income Tax. As of January 1, 2022, the minimum corporate tax rate applies to non-residents with permanent establishments.
  • Regarding the objective estimation method The quantitative limits of previous years that delimit the scope of application of the objective estimation method for economic activities are extended with the exception of agricultural, livestock and forestry activities, which have their own quantitative limit based on income volume.
  • Revenue volume in the immediately preceding year greater than 250,000 euros for all economic activities, except agricultural, livestock and forestry. All operations will be counted, whether or not there is an obligation to issue an invoice. Operations in which there is an obligation to issue an invoice when the recipient is a businessman may not exceed 125,000 euros.
  • Volume of income for the whole of agricultural, forestry and livestock activities greater than 250,000 euros.
  • Purchase volume of goods and services in the immediately preceding year, excluding acquisitions of fixed assets, greater than 250,000 euros.

2. Changes affecting corporate tax  

They regulate minimum tax rates as a result of the application of the deductions, and the net amount cannot be reduced below said amount for certain taxpayers. 

  • Minimum rate of 15% for companies with turnover greater than 20 million of euros during the 12 months prior to the start date of the tax period. 
  • Minimum rate of 15 % for companies that pay taxes in the tax consolidation regime, In this case, whatever the amount of your turnover.
  • Minimum type of 10% in start-up companies, whose type is 15%.
  • Minimum 18% rate for credit and exploration entities, research and exploitation of underground hydrocarbon deposits and storages whose general type is 30%. 
  • In the case of cooperatives, the minimum liquid fee may not be lower than the result of applying 60% to the full fee. calculated in accordance with the provisions of Law 20/1990 on the Fiscal Regime of Cooperatives.
  • For entities dedicated to housing rental It is reduced from 85% to 40% the tax credit for entities dedicated to housing rentals that meet the requirements for the application of this regime.
  • Tax groups will see deductions and bonuses from the full tax group quota limited., This being the full amount of the tax group minus the amount of deductions and bonuses that may be applicable, it cannot give rise, in any case, to a negative net amount.
It is established that on the full fee The applicable bonuses and deductions provided for in the Tax regulations will be applied, giving rise to the liquid quota of the same which, in no case, may be negative.
The Tax Administration will proceed to return, ex officio, the excess of the minimum liquid quota when the sum of withholdings on account, deposits on account and installment payments exceed the amount of the liquid liquid quota of the Tax.

3. Relating to Value Added Tax 

In the Agriculture, Livestock and Fishing Regime 

  • It establishes the exclusion limit of 250,000 euros for the acquisitions and imports of goods and services of all business or professional activities, excluding those related to elements of fixed assets, carried out in the immediately preceding year by the taxable person.

4. A new IAE group is created, 863

For Journalists and other information and communication professionals.

  • Which will integrate to taxable persons authorized to obtain, process, interpret and disseminate information or content through any written, oral, visual, digital or graphic means, as well as for the advice and execution of institutional or corporate communication plans, establishing for them an IAE quota of 115 euros. 

5. Legal interest on money

  • The legal interest of money is established in the 3% until December 31, 2022.
  • The late payment interest will be the 3,75% until December 31, 2022.

6. Increase in the quota of self-employed workers 

  • It increases by 8 euros more per month; goes from 286 euros per month in 2021, to 294 euros self-employed fee, This measure will affect 1.8 million self-employed workers who contribute for the minimum base. 
  • This is due to increase in professional contingencies, which go from 1.1% to 1.3%, and due to cessation of activity, which rise from 0.8% to 0.9%. While contributions for common contingencies (28.3%) and vocational training (0.1%) remain the same.
  • Regarding the contribution bases, the increase in 2022 will be:
    1. Minimum base: it goes from 944.40 euros to 960.60 euros per month.
    2. Maximum base: it goes from 4,070.10 euros to 4,139.40 euros per month.
And there is a novelty included in the anti-fraud law, which has been in force for a few months (since July 11, 2021), but we see it convenient to remember it to avoid problems with the treasury. 

7. Limitation of cash payments to 1,000 euros

The legal limit for making cash payments is lowered from 2,500 to 1,000 euros. This exclusively affects businessmen and professionals, and never in exchanges between individuals, this payment limit applies to the entire transaction. This means that if you pay small amounts, in the end what will be taken into account is that the sum of all of them never exceeds the 1,000 euro limit.

There are other recent developments such as StartUp Law, the project of the Concursal law, the Antifraud Law , funds Next Generation or the Digital Kit which will be the subject of the following posts, for now it is enough to start the year.  

We take this opportunity to wish you a year 2022 full of happiness and success.

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