Thursday, 25 September 2014

A Tax Reform On The Way

 
The minister for the Treasure and Public Administration Services, Cristóbal Montoro, highlighted that the tax reform will help boost economic growth and job creation, thanks to the 9 billion euros that will be made available to taxpayers as of January 2005.

The minister stressed that this is the ideal moment for the tax reform, now that "the public accounts are coming under control, the forecasted budgetary income is being met" and the public deficit reduction agreed with Brussels is assured. This is the perfect moment to do this, by fairly sharing tax burdens and by combating fraud. We will lower taxes, thereby strengthening economic activity and growth", he stated in the Lower House during the debate on the amendments on the full package of draft laws under the tax reform.

 Cristóbal Montoro stressed that this tax reform fosters a new tax system which increases "progressiveness, equity and justice", when compared with the last tax reform approved in 2006. In this regard, he indicated that the average reduction in personal income tax will be 12.5% for all taxpayers but that this will mainly benefit those on medium and low incomes. 72% of taxpayers with an annual income below 24,000 euros per annum can expect to enjoy an average reduction of 23.47%. Some 1.6 million taxpayers will no longer have to pay personal income tax. Those on salaries below 12,000 euros (known in Spain as 'mileuristas') will not even have to make a tax return and will receive their gross salary in full as of next year.

The minister stated that this reform pays society back, in a fair manner, for the major efforts made in the fight to exit the crisis. The reform will increase salaries; higher salaries will help stimulate the economy", he said. Added to which this will help improve the competitiveness of the economy by boosting measures to encourage salaried workers, the self-employed and companies to save, as well as helping to reduce debt. All of this, he stated, will be possible, while guaranteeing levels of social protection, without prejudicing the Welfare State.

With respect to corporate income tax, the minister highlighted the improvements introduced to boost the capitalisation of companies and reduce their debts. As regards VAT, Cristóbal Montoro insisted that to avoid harming consumption, VAT rates will not be increased. He went on to reveal that up to August this year, VAT revenue has risen at a rate of 7.1%, as a result of the improved economic situation and the fight against tax fraud.

Cristóbal Montoro stressed the effort made by the Committee of Experts in drafting this tax reform, presided over by Professor Manuel Lagares, and the fact that their report included dozens of recommendations. Among these recommendations are those received from families and taxpayers with dependent children.

The reform introduces a sizeable rise in the minimum personal income tax base for families, of up to 32%, and the three new 'negative taxes' or categories of social benefits for families and individuals with disabilities. These apply to families with dependent children with disabilities, families with dependent ascendants and large families (three or more children, or with two children, one of which is disabled).

In each of the above cases they will receive 1,200 euros per annum, which can be paid out in advance in instalments of 100 euros per month. These "negative taxes" are compatible with others and with the same amount (100 euros per month) as currently received by working mothers with children under the age of three.

In the case of a family with two children, with a combined income of 25,000 euros per annum (example with average income), the reduction will amount to 13.9% of their net income.

Self-employed

The personal income tax reduction will result in a reduction in withholdings in general. The self-employed will feel the greatest benefit from this. The withholding rate for a self-employed professional earning less than 15,000 euros per annum will fall to 15% from 21%. This move has been implemented on a fast-track basis by Royal Decree-Law as from July 2014. Furthermore, the withholding for the self-employed in general will be reduced from 21% to 20% in 2015, and to 19% in 2016. Similarly, the reduced tax rate of 15% for newly-created companies, included in the Entrepreneur Act, will be maintained.
Limitation on 'module' system

The new personal income tax law simplifies the objective estimate system (known as 'modules' in Spain). In this regard, the exclusion threshold is reduced from 450,000 euros to 150,000 euros for revenue, and from 300,000 to 150,000 euros for expenses. Companies that invoice less than 50% of revenue to individuals are excluded therefrom. Activities that apply a withholding of 1%, such as manufacturing and construction, are also excluded therefrom. Activities such as restaurants, taxi services, farming and livestock breeding will continue to use the 'module' system.

Neutrality of savings

The personal income tax reform also includes a reduction in the tax on savings. This will be gradually introduced in the higher tax brackets. The new rate consists of 3 brackets: the first up to 6,000 euros, with reduced taxation from 21% to 20% in 2015 and to 19% in 2016; from 6,000 euros to 50,000 euros, the rate will be reduced to 22% in 2015 and to 21% in 2016; for over 50,000 euros the rate will stand at 24% in 2015 and 23% in 2016.

The reform also includes new instruments to foster savings in the medium and long term. For small and medium savers, the Government will create a new instrument to give them tax breaks as an alternative, or even to complement pension plans and other forms of saving. These new 'Ahorro 5' plans may be implemented in the form of a bank account or insurance policy, whereby at least 85% of the return on investment is guaranteed. Any return generated will be exempt from tax if maintained for a minimum of 5 years.

Furthermore, any capital gains for those over the age of 65 will be tax exempt if converted into an annuity scheme. Furthermore, the minimum term for an individual systematic savings plan is reduced from 10 years to 5.

In the case of pension plans, the tax regime remains the same but a one-off, maximum contribution per annum is set at 8,000 euros. It will be possible to withdraw funds after a 10-year period.

Capturing talent

EFEThe tax regime is also modified for incoming talent. The objective of this to attract talented people to Spain who are highly qualified in fields such as science or economics, in order for them to work for established companies in Spain. To ensure that this regime is not taken advantage of in an undesired manner, professional athletes are expressly excluded. A specific tax rate of 24% is fixed for the first 600,000 euros of salary, above which the maximum marginal tax rate is applied as for any other taxpayer.

Lowering of taxes for companies

Corporate income tax includes a tax reduction and measures to boost the competitiveness of companies and simplify deductions. With the aim of establishing a tax regime similar to our peer countries, the general tax rate will be reduced from 30% to 28% in 2015, and to 25% in 2016.

A capitalisation fund will be created (reduction of 10% on taxable income for increasing own funds) which replaces the present deduction for reinvestment of profits.

SMEs will have access to a new alignment reserve. This means a reduction in taxable income of 10% with a ceiling of one million euros. This amount will be offset by negative taxable income for a period of 5 years. Furthermore, this special regime will be maintained for smaller institutions offering other benefits to SMEs such as freedom of amortisation.

Reordering of deductions and better incentives

The new corporate income tax offers a reordering of deductions, while maintaining those existing for job creation and to boost R&D+i. Those companies that invest amounts in excess of 10% of their revenue to R&D can increase the cash convertible amount from 3 to 5 million euros of the deduction for R&D.

Furthermore, the tax base is increased to narrow the gap between the effective rate and the nominal rate. To achieve this, and with the aim of continuing to foster financial deleveraging (control of company debt burden) the deductibility of expenses for impairment is capped, the ceiling for financial expenses is maintained and a general limit of 60% is set for taxable income, which come into force in 2016. These are tax measures that are comparable with our peer countries, introduced with a view to cleaning up the balance sheets of Spanish companies.

In order to maintain tax revenue in 2015, the temporary measures currently in force will be extended to next year (increased partial payments, capping on offsetting negative taxable income and goodwill), which essentially affect larger companies. Furthermore, tax on shareholdings for resident and non-resident companies will be treated similarly to bring this in line with the system at an international level.

Greater incentives for industry

The tax reform introduces new tax incentives to very specific economic activities that foster economic growth and a change to the productive model, e.g. for industrial companies. In order to improve the competitiveness of productive processes that heavily rely on electricity, the partial exemption (85%) of the tax on electricity will be extended to all processes where the cost of electricity represents in excess of 50% of total production costs.
Legal certainty

Measures to improve the fight against fraud and to provide greater legal certainty include prohibiting tax deductible expenses that enjoy different treatment in other countries. To this end, it will not be possible to deduct returns from financial instruments when the recipient in another country is not taxed for these operations (hybrid instruments). Furthermore, the documentary obligations are simplified in related operations (parent company and subsidiaries).
Patronage, cinema and theatre

The tax reform includes an incentive for patronage. The personal income tax reduction for donations is increased from 25% to 30%. To incentivise stability in the contribution of these resources, this percentage is raised a further 5 percentage points if this donation is extended for personal income tax or corporate income tax purposes for a period of three years.

To increase social participation in these activities, a deduction of 75% for donations of less than 150 euros is established in two phases. Donations in excess of this amount will enjoy other incremental tax rates.

The draft law on the reform of corporate income tax includes new incentives for cinematographic productions. In this regard, a fixed rate will be applicable to producers and financial co-producers indistinctly, set at 20% for the first million euros, and at 18% for any additional amount. For the financial co-producer, this results in a four-fold increase on the current rate, from 5% to 20%. Furthermore, in order to attract cinematographic productions from overseas there will be a 15% deduction on expenses incurred abroad. These are the best tax breaks ever for the production of films and shows in Spain.
Finally, the draft law introduces a new deduction of 20% to support the production and live performances of plays and musicals.

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