The Regional Treasuries publish urgent tax measures to alleviate the economic impact derived from the current energy crisis, the rise in prices and the invasion of Ukraine.
Gipuzkoa
Urgent tax measures to alleviate the economic impact of the current energy crisis, rising prices and the invasion of Ukraine.
The Official Gazette of Gipuzkoa of April 6 has published the Foral-Norma Decree 1/2022, of April 5, which approves urgent tax measures to alleviate the economic impact derived from the current energy crisis, the rise in prices and the invasion of Ukraine.
By means of this regulation, shock, exceptional and transitory tax measures are adopted to respond to the negative economic impact on economic activities affected by the current inflationary situation, as well as to alleviate the lack of liquidity of taxpayers.
The approved measures are as follows:
- Exceptional fractioning of debts without provision of guarantee or accrual of late payment interest, which may be requested by individuals who carry out economic activities and by those who obtain income from real estate capital for leases of real estate subject to and not exempt from VAT, micro and small companies, and which may be applied in relation to those tax debts whose deadline for filing and payment in the voluntary period ends between April 1 and May 31, 2022, with the exception of those corresponding to taxes on gambling. The payment of the deferred debts will be suspended for a period of three months, counted from the end of the voluntary period of declaration and payment of each one of them, and they must be subsequently paid in 6 monthly installments of the same amount (art. 2).
- In the area of personal income tax, for the determination of the net income corresponding to economic activities in the simplified direct estimation method, normally used by self-employed persons with a lower volume of operations, the general percentage is increased from 10% to 15% for the reduction of the difference between income and expenses of the activity, for depreciation, impairment losses and expenses of difficult justification, increasing with greater intensity, for agricultural and livestock activities and for road freight transport activities. For agricultural and livestock farming activities it is increased from 75% to 90% when in the immediately preceding year the volume of their operations has not exceeded the amount of 30,000 euros, and from 35% to 70% in other cases, and for road freight transport activities from 45% to 70%. These increases in the reduction percentages are applicable for the 2021 tax period (art. 3).
- Individuals who carry out economic activities are exempted from the obligation of self-assessment and payment of the installment payment on account of Personal Income Tax corresponding to the first and second quarter of 2022 (art. 4).
- In relation to corporate income tax, the percentage of the positive taxable income of micro-companies considered as deductible expense is increased by 5 points, from 10% to 15% as tax compensation for the difficulties inherent to their size. This increase applies for the 2021 tax period (art.5).
In addition to these measures, which have been agreed between the three historical territories, three additional measures are introduced in the Corporate Income Tax. These measures are as follows:
- The maximum limits for the allocation of the special profit equalization reserve on the positive accounting profit for the year are increased from 10% to 50% in general and from 15% to 75% for micro and small companies. This measure will be applicable to the 2021 corporate income tax year. Likewise, requirements have been established in order to apply this increased reserve, such as the need for the net amount of the turnover of the first half of 2022 to be, at most, 40% of the net amount of the turnover corresponding to the full year of 2021, that the entity benefiting from it does not pay tax under the tax consolidation regime or cannot distribute dividends or reserves or agree any reduction of its equity with delivery of goods or rights to its partners during 2022 and 2023. Taxpayers applying this special reduction may choose: either to offset the reduced amount in the 5 immediate and successive years, after which, in addition to increasing the taxable base by the amount pending integration, they will make an additional positive correction of 10% of said amount; or to offset the reduced amount in the 10 immediate and successive years, in which case the additional positive correction will be 30% (art. 6).
- An extraordinary freedom of depreciation is established for new tangible fixed assets (excluding buildings and certain means of transport), acquired or commissioned during 2022 for their entire useful life. This includes items of property, plant and equipment constructed by the company itself and those ordered under a construction contract signed during 2022, provided that they are made available within twelve months of the conclusion of the contract (art. 7).
- The deadlines for the formalization of contracts for the financing of research and development or technological innovation projects are made more flexible (art. 8).
On the other hand, it is made possible for companies and professionals who have been granted debt deferrals or payment in installments to effectively benefit from the aid which, if applicable, may be announced by the Provincial Council of Gipuzkoa, and which is intended to alleviate the economic impact derived from the current energy crisis, the rise in prices or the invasion of Ukraine, without having to operate in these cases the compensation between the two (art. 9).
Bizkaia
Urgent tax measures derived from the energy crisis.
The Official Gazette of Bizkaia of April 6 has published the Normative Foral Decree 2/2022, of April 5, on urgent tax measures derived from the energy crisis.
By means of this Normative Foral Decree, shock, exceptional and transitory tax measures are adopted for 2022, to respond to the negative economic impact that is being produced on the economic activities affected by the current inflationary situation, as well as to prevent a greater negative economic impact on the most vulnerable operators of the economy, such as micro and small companies and self-employed persons. These measures have been agreed between the three historical territories.
The approved measures are as follows:
- Exceptional deferral of debts without provision of guarantee or accrual of late payment interest, which may be requested by individuals who carry out economic activities for VAT purposes, self-employed, micro and small companies, and which may be applied in relation to those tax debts whose deadline for filing and payment in the voluntary period ends between April 1 and July 31, 2022, with the exception of those corresponding to the Personal Income Tax, Wealth Tax and Corporate Income Tax campaigns. The payment of the deferred debts will be suspended for a period of three months, counted from the end of the voluntary period of declaration and payment of each one of them, having to be subsequently paid by means of their fractionation in 6 monthly installments of identical amount (art. 2).
- In the area of personal income tax, for the determination of the net income corresponding to economic activities in the simplified direct estimation method, normally used by self-employed persons with a lower volume of operations, the general percentage is increased from 10% to 15% for the reduction of the difference between the income and the expenses of the activity, for depreciation, impairment losses and expenses of difficult justification, increasing with greater intensity, for agricultural and livestock activities (from 35% to 70%) and for the activities of transport of goods by road (from 55% to 70%). These increases in the reduction percentages in Bizkaia are applicable for the year 2022 (art. 3).
- Individuals who carry out economic activities are exempted from the obligation of self-assessment and payment of the installment payment on account of Personal Income Tax corresponding to the first and second quarter of 2022 (art. 4).
- In relation to corporate income tax, the percentage of the positive taxable income of micro-companies considered as a deductible expense is increased by 5 points, from 10% to 15% as tax compensation for the difficulties inherent to their size. This increase applies to the first tax period starting on or after January 1, 2022 (art. 5).
Álava
Urgent tax measures derived from the energy crisis.
Regulatory Decree of Fiscal Urgency 5/2022, of April 5, approving urgent tax measures to face the crisis due to the recent extraordinary events, still pending approval and publication in the Official Gazette of the Historical Territory.
This Decree adopts a series of transitory measures aimed at alleviating the adverse effects of the crisis and alleviating the situation of the most vulnerable economic sectors, guaranteeing their liquidity. This project includes the following tax measures:
Exceptional fractionation of tax debts.
The tax debts resulting from monthly or quarterly self-assessments whose term of presentation and payment in voluntary period ends between April 1, 2022 and May 25, 2022, may be fractioned in 6 monthly installments of identical amount, without the provision of a guarantee or accrual of late payment interest.
Individuals who carry out economic activities and those who obtain income from real estate capital from the lease of real estate subject to and not exempt from VAT and are in both cases up to date in the fulfillment of their tax obligations, as well as micro and small companies, which are also up to date in the fulfillment of their tax obligations, will be eligible for this installment payment.
Instalment payments.
IRPF taxpayers who carry out economic activities will not be obliged to pay the instalments corresponding to the first and second quarter of 2022. In the event that the installment payment is made every six months, they will not be obliged to pay the installment payment corresponding to the first half of 2022.
Personal Income Tax.
The determination of the net income corresponding to economic activities in the simplified direct estimation method, normally used by self-employed persons with a lower volume of operations, the general percentage is increased from 10% to 15% for the reduction of the difference between income and expenses of the activity, for depreciation, impairment losses and expenses of difficult justification, increasing with greater intensity, for agricultural and livestock activities (from 35% to 70%) and for road freight transport activities (from 55% to 70%). These increases in the reduction percentages will be applicable for the year 2022.
Corporate income tax.
The percentage corresponding to the tax compensation foreseen for micro-companies due to the difficulties inherent to their size is increased by 5 points, from 10% to 15%. This increase will be applied in the first tax period beginning on or after January 1, 2022.
