Main changes to taxation introduced by Royal Decree 1074/2017, of 29 December, amending the Regulations on Personal Income Tax

MAIN NEW TAX FEATURES INTRODUCED BY ROYAL DECREE 1074/2017 OF 29 DECEMBER (OFFICIAL STATE GAZETTE OF 30 DECEMBER) IN THE PERSONAL INCOME TAX REGULATIONS, APPROVED BY ROYAL DECREE 439/2007 OF 30 MARCH


PERSONAL INCOME TAX (IRPF)


Study and researcher training grants

From 1 January 2018 the tax-exempt amounts of study and research grants are increased as follows:

  • In general terms, 6,000 euros per year .
  • When the purpose of the amount awarded is to cover transport and accommodation expenses for regulated study programmes within the education system, up to and including masters level or equivalent, 18,000 euros per year . In the case of studies abroad, 21,000 euros per year .
  • If the grant is for PhD studies, up to a maximum of 21,000 euros per year if undertaken in Spain. If undertaken abroad, up to a maximum of 24,600 euros per year.

(Section 2 of article 2 of the Personal Income Tax Regulations has been modified)

Study costs for staff training or re-training

From 1 January 2017, the cases not to be treated as remuneration in kind are extended to studies provided by institutions, companies or employers and financed directly or indirectly for the upgrading, training or re-training of staff, when this is required for the development of their activities or the nature of their jobs, including when these are actually rendered by specialised persons or entities.

After the modification, it shall be understood that the studies have been provided and indirectly financed by the employee when funded by other companies or entities that sell products requiring suitable staff training, provided the employer authorises this participation.

(Article 44 of the Personal Income Tax Regulations has been modified)

Exempt earnings on account of company canteen expenses

From 1 January 2018, the tax exempt daily allowance for canteen services rendered indirectly, i.e. meal vouchers or similar documents, cards or any form of electronic payment supplied to the employee for this purpose.

The daily tax exempt amount is increased from 9 to 11 euros per day.

(Section 2 of article 45 of the Personal Income Tax Regulations has been modified)

Family allowance for descendants

From 1 January 2017, for the purposes of the application of the family allowance for descendants, descendants shall include, in addition to persons under the tutelage or fostering of the taxpayer in the terms established in the civil code, those persons assigned their guardianship and custody by court order.

(Section 2 of article 53 has been added to the Personal Income Tax Regulations)

Self-Assessment Correction

A new method for presenting requests for self-assessment corrections has been introduced, rectifying an error that could have affected taxpayers using the tax return form.

In the event that the Tax Agency is restricted to contrasting the documentation presented by the taxpayer against details and background information held in its power and agrees to rectify the self-assessment in accordance with the taxpayer's request, this procedure shall have the following specifications with respect to the general standards set forth for management procedures:

  • Since formal verification procedures are not carried out, the estimated agreement shall not be deemed final, i.e. subsequent checks may be carried out on the procedure.
  • If the agreement were to give rise to a refund and interest in arrears is not payable, there is no need for the Tax Agency to perform a provisional settlement, instead notification shall be understood to have been received upon receipt of the bank transfer.

(Article 67 bis has been added to the Personal Income Tax Regulations)

Withholdings

As a result of the consideration of capital gains on transfers of subscription rights from 1 January 2017, the withholdings to be performed are regulated:

  1. Withholdings are applicable in respect of capital gains deriving from the transfer of subscription rights set forth in letters a) and b) of section 1 of article 37 of the Personal Income Tax Act.
  2.     The withholdings or payments on account must be performed by the depositary institution or, otherwise, the financial intermediary or the public notary intervening in the transfer.
  3. The obligation to perform the withholding or payment on account arises in the moment the transfer is arranged, irrespective of the collection conditions agreed. When the obligation falls on the depositary institution, it shall perform the withholding or payment on account on the date on which the amount of the transfer is received for delivery to the taxpayer.
  4. The applicable withholding rate is 19 percent.

(Articles 75.1, 76.2, 78.3 and 99.3 of the Personal Income Tax Regulations have been modified)