Today, July 12, the Royal Decree-Law 9/2015, of July 10, enters into force on urgent measures to reduce the tax burden borne by taxpayers of the Income Tax for Individuals and other measures of a nature economic, which modifies the types of lien and the withholding types of the Income Tax for Individuals and the Income Tax for Non-Residents.
The modifications are as follows:
Concept of payment on account Before July 12, 2015 As of July 12, 2015
Withholding of professionals, when the volume of full returns of economic activities of the previous year is less than 15,000 euros, and represents more than 75% of the sum of the total returns of economic and work activities obtained by the taxpayer in said year
Income from economic activities, in general 19% 15%
Withholding taxpayers who initiate the exercise of professional activities in the tax period of initiation of activities and in the following two, provided they had not exercised any professional activity in the year prior to the date of commencement of activities
Withholdings for teaching courses, conferences, colloquiums, seminars and the like, or derived from the development of literary, artistic or scientific works, provided that the right to exploitation is transferred
Income from work perceived by the status of administrators and members of the boards of directors, of the boards that make their times, and other members of other representative bodies
Income from work perceived by the status of administrators and members of the boards of directors, of the boards that make their times, and other members of other representative bodies, when they come from entities with a net amount of turnover less than 100,000 euros
Income from movable capital 20% 19.5%
Capital gains derived from the transfers or refunds of shares and participations of collective investment institutions 20% 19.5%
Capital gains derived from the forest exploitation of neighbors in public forests 20% 19.5%
Prizes awarded as a result of participation in games, contests, raffles or random combinations, whether or not linked to the offer, promotion or sale of certain goods, products or services 20% 19.5%
Income from the lease or sublease of urban real estate 20%
Income from intellectual and industrial property, from the provision of technical assistance, from the lease of movable, business or mining property and from the sublet on previous assets
Non-resident income when the remuneration paid by the same payer of income from work during the calendar year exceeds 600,000 euros
Transfer of the right to exploitation of the image to a person or entity or non-resident 19% 20%
Long Term Savings Plan Returns 19% 20%
After the rate reform, originated by Royal Decree-Law 9/2015, the issues to be taken into account are the following:
1.- Since section d) of section Four.3 of article 1 of this Royal Decree-Law says “the withholding and payment on account percentages of 19 per story provided in article 101 of this Law will be 20 percent when the obligation to retain or enter account had been born before July 12. When the birth of the obligation to withhold or enter the account had occurred as of said date, the percentage of withholding or deposit on account shall be 19.5 percent. ”, And Article 78 of the Income Tax Regulation of the Individuals says that “in general, the obligation to withhold will be born at the moment when the corresponding income is satisfied or paid”, it must be taken into account that, if the payer satisfies the returns after July 12, although If the accrual were prior, you must practice withholding according to the new types of withholding, as the birth of the obligation to withhold after such date has arisen.
2.- On the other hand, the great forgotten of this reform are the taxpayers who make fractional payments, which according to article 101.11.a) of the Tax Law, will be 20 percent, both before and after the Royal Decree-law 9/2015.