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Newsletter No. 4 - April 2010

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Details Newsletter No. 4 - April 2010

  • Royal Decree Law 6 / 2010 of April 9, measures for promoting economic recovery and employment.

    With the aim of promoting the growth of the Spanish economy and job creation, we suggest some steps to enhance our productive capacity and ensure effective support of public institutions that growth.

    This royal decree-law addresses various reforms, due to their effect on the overall Spanish production system, due to their weight in the same or by their relevance in the present moment of stabilization and recovery, are particularly relevant at this time.

    Income Tax of Individuals:

    • New deduction for improvement works in the residence.
    • It creates a deduction for improvement works in the residence which aim, among others, increased energy efficiency, replacement of supplies or facilities infrastructure to promote accessibility.
    • Income tax exemption of the amounts paid by companies to transport their workers collective.
    • It includes a new exemption in income tax the amounts paid to the entities responsible for providing public service passenger transport, to go from the residence of workers in the workplace, with a limit of 1500 euros per year per worker.

    Corporate Tax:

    Extension of accelerated depreciation to maintain employment:

    • Investments in new items of tangible assets and real estate investments for economic activities, made available to the taxpayer in tax periods beginning in the years 2009, 2010, 2011 and 2012 may be redeemed freely provided that, during twenty four months from the date of commencement of the period in which the items purchased come into operation, the total average staff of the institution remains on the average number of the previous twelve months. The deduction is not subject to the accounting entry in the profit and loss account.
    • Simplification of documentation requirements for transactions relating to comply by the entities of small size
    • Disclaims the enforceability of the documentation to companies that meet the following requirements:
      • Turnover for the period of less than € 8,000,000.00, pursuant to Article 108 of TRLIS
      • Total transactions made in the period of less than € 100,000.00.
      • Do not be conducted from transactions with residents of countries or territories considered as tax havens, unless they are from the European Union and establish the existence of valid economic reasons for carrying out these operations.

    This exemption applies only to the enforceability of the documentation, but it is understood that companies that meet this set of requirements have to continue evaluating its operations related to market value, justifying this assessment with any evidence admissible in law.

    Establishing a maximum limit for fines that could have this concept of SME companies are considered under Article 108 of TRLIS, which will be the smaller of the two following:

    • 10% of all transactions made during the year.
    • 1 of the net turnover.

    Through additional provision, the legislature is committed to simplifying the documentation requirements for transactions in the three months following the entry into force of this Royal Decree, for cases in which we conduct internal operations only (no international ), involving SMEs or insignificant amount and without the involvement of companies located in tax havens.

    Impuesto sobre el Valor Añadido:

    • Amending the VAT law:
      By extending the concept of structural rehabilitation and reducing the tax rate applicable to the renewal and repair of private dwellings (Reduced rates and exemptions). There will be a transitional period in the third transitional provision of this provision for ongoing rehabilitation .
    • Application of super-reduced rate (4%) VAT:
      For dependency services that are provided by agreed deadline or by administrative prices arising from competition.
    • Reduced VAT for modules applicable to the renovation and repair of private dwellings.
    • For these activities remains to develop for 2010, the change of rate reduction applicable to the securities of the modules

    General indirect tax Canario:

    • As in the VAT law in the IGIC also extends the concept of structural rehabilitation.

    Common changes to VAT and IGIC

    • Simplification of the requirements to recover the VAT or IGIC. in the case of bad debts.
    • Referring to the deadlines set for a loan is considered uncollectible, for the rectification of the tax base referred to in Article 80.cuatro of the Act, is reduced from 1 year to 6 months for companies with turnover below 6,010 121.04 euros in the year immediately preceding the credit which takes consideration of uncollectible in accordance with the premises of this article
    • The deadline for rectification referred to in the previous section is extended from 3 to 6 months for enterprises with turnover in the year immediately prior to the consideration of uncollectible credit less than 6,010,121.04 euros.
    • It allows the correction of the tax base in cases of claims against or secured with Public Entities to the provisions of article 80.cuatro of the Tax Act, that is, had passed more than one year from the issuance of the invoice and the action was taken to the court claim against the debtor.

    Establishing a transitional regime in which companies that meet these characteristics may make correction of the taxable amount of bad loans, provided that has elapsed from the invoice date less than one and three months allowed with the previous Law writing, during the first three months following the entry into force of this Royal Decree, ie until 13 July 2010.

    Entry into force 14/04/2010.

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  • Defined the requirements to apply fiscal stimulus boost housing rehabilitation approved by Royal Decree 6 / 2010 of 9 AprilDefined the requirements to apply fiscal stimulus boost housing rehabilitation approved by Royal Decree 6 / 2010 of 9 April.

    The Congress of Deputies ratified by most fiscal stimulus efforts aimed at rehabilitation sector housing were included in the Royal Decree on Measures to Promote Economic Recovery and Employment, approved last Friday, 9 April by the Council of Ministers.

    The government expects that the tax package has a strong leverage effect on the construction sector, which, together with other government initiatives, such as the reform agenda in public buildings to improve energy efficiency, "serve to contribute to employment generation.

    In addition, the tax measures will help further the goal of efficiency and energy savings made by the Government in the framework of the Strategy of Sustainable Economy.


    The first of these reforms is the new temporary income tax deduction for improvement works in the residence.

    This press release will be deducted up to 10% of the amounts to be spent between April 14, 2010 (date of entry into force of Decree-Law) and December 31, 2012 on actions to improve the residence, or in the building in which it is located, with a limit of 12,000 euros per household.

    The annual limit per taxpayer is € 4,000.

    To be eligible for this deduction the vast majority of taxpayers, with the exception of those who have a tax base exceeding 53,007.20 euros, accounting for only 5% of the total.

    The deduction will concentrate its maximum effect on taxpayers with taxable income exceeding EUR 33,007.20 per year, as they may apply the 10% deduction on the basis of expected annual maximum of 4,000 euros per taxpayer.

    As the income level of taxpayers to do more for that limit, the base of the deduction will be reduced to zero when it exceeds the taxable income of € 53,007.20.

    To optimize the effectiveness of tax incentives, will be allowed to the amounts paid by a taxpayer in a given year can not be deduced by the application of the base $ 4,000 annual maximum established, can be derived, with the same annual limit for four subs.

    In any case, the amount subject to deduction for all applicable tax periods that apply not exceed 12,000 euros per residence.

    In cases where there is more homeowners eligible for the deduction over the same property, the limit of 12,000 euros will be distributed among the investors according to their respective percentage ownership in the property.

    In line with the provisions of the State Housing Plan 2009-2012 and Rehabilitation, will benefit from this new tax incentive works aimed at improving the energy efficiency of housing (solar panels, improved insulation of windows, change bath and shower ...), strengthening security and sealing of buildings (replacement of facilities of electricity, water or gas), promote accessibility (lifts adapted to the needs of people with disabilities, installing ramps ...) and install new telecommunications infrastructure to enable access to the Internet or digital television services in the homes of taxpayers.

    On the contrary, shall not be entitled to deduct the works carried out in parking lots, gardens, swimming pools, sports facilities and other similar items, nor will change the furniture of the kitchen cabinets do or wear, replace tiles, paint , throwing bricks or soil change.

    It is important to stress again that the incentive can be applied only on the amounts paid by credit or debit card, bank transfer, personal check or deposit accounts of credit institutions, not when the services are paid in cash.

    This caution has as main objective to collaborate in the prevention of tax evasion and labor.

    It should be clear that taxpayers can only get the benefits of this new tax relief from the Income Statement, 2010 (to be presented in the year 2011) and therefore may not apply where this exercise takes place in.

    It is therefore important to retain the invoices received by the work involved to justify the investment.

    In this regard, it will be retained as proof of payment method chosen as the invoice, which must contain the following information: number and number of the same, the date of issue and date of completion of the operation if two do not coincide, name and surname or name of shipper and consignee, NIF and address of the consignor and, where appropriate, the consignee, description of the actions taken, type or VAT rates and tax charged VAT


    The second major tax incentive is the reduced rate of 7% (8% from July 1) of the VAT for all types of renovation and repair of private housing to be made between 14 April 2010 on December 31, 2012.

    So far, the scheme only applied to the masonry, and the rest were applied to 16%.

    With this new framework, it will also benefit from the actions of plumbing, carpentry, installation and assembly, electrical and painting and, in general, all the reforms made in housing, whatever their purpose.

    The Royal Decree establishes three requirements to qualify for the new tax regime.

    First, the recipient is an individual and that the works have as their purpose a particular use, not a business or professional.

    This requirement will also operate when the recipient is a community of owners and the work is done in the building where is the private dwelling.

    Second, the construction or rehabilitation of housing where the works are finished at least two years before the start of the renovation or repair.

    Third requirement is that those who do not provide material works costing more than 33% of the tax base of operation.

    For example, if the work in question was the placement of the floor of a house and the same total cost would total $ 10,000, you may apply the reduced rate if the material used did not exceed € 3,300

    If the material supplied exceeded that amount, the rate for such work would be the normal 16%.

    Until the present Decree Law, the limit of the material was 20%.

    The invoice must state the cost of materials supplied or the condition that this cost does not exceed 33% of the tax base.


    The other line of action to promote the activity in the area of housing rehabilitation is extend the concept of structural rehabilitation VAT, through the definition of similar and related works to the structure, which will reduce tax costs economic activity related to rehabilitation.

    The old law already took these concepts, but did not give an adequate definition, which prevented, in many cases, the application of reduced rates in certain actions related to rehabilitation.

    The definition of these concepts in the law which will come into effect today will not only improve legal certainty for companies, but will significantly reduce tax costs.

    So, since last April 14 and remain in force indefinitely extending the concept of structural rehabilitation, enabling you to apply the reduced rate of 7% (8% from July 1) to the works of rehabilitation of buildings, including premises attached garages, additional facilities, provided that more than 50% of the building is intended for private homes.

    To be considered for rehabilitation, the cost of works exceed 25% of the purchase price of the building (if it was made in the two years prior to rehabilitation) or market value, less in both cases land soil

    Also, over 50% of the actions envisaged in the project will include reconstruction of the building or in carrying out similar works or related to those.

    Consideration will be given to works like structural adjustment actions that serve to ensure stability and mechanical strength of the building, the reinforcement of the foundation, the expansion of the floor area, the reconstruction of facades and patios interior and the installation of elevators.

    Related works will be considered, for their part, masonry, plumbing and carpentry, aimed at improving facilities and enclosures or energy rehabilitation works.

    The decree provides, finally, the reform of the Canary Islands General Indirect Tax in the same direction as the VAT on materials which are appropriate to state regulation, so that the tax benefits resulting from these changes reach the whole.

    All these changes have been reflected in the Ministerial Order reviewed annually modules for the financial year, and in this case reduces apply to freelancers and small businesses engaged in domestic work, adapting to the new fiscal scenario derived from the Royal Decree Act on Measures to Promote Economic Recovery and Jobs.

    The order lowers the modules set out in VAT for all those activities that, from now, they may apply a reduced rate, for example, plumbing, carpentry, painting, installation and assembly or plaster work and plaster.

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  • Financial support self / SMEs to improve competitiveness.

    The Community of Madrid, is launching an aid package to improve the competitiveness of self-employed and SMEs, whose bases are extracted as follows:

    Term Applications will remain open continuously until the 15-12 budget year concerned.

    Purpose: online financial aid to facilitate access to external financing to self-employed and SMEs in the Community of Madrid. For this purpose, we will subsidize the interest rate on financial transactions entered into by them with those financial institutions, under the collaboration agreement signed with the Community of Madrid, have committed to allocate for this funding from credit lines by the EIB. (At the moment the "BBVA, La Caixa" Caja Madrid "," Banco Sabadell "and" Banco Popular ")

    Beneficiaries SMEs and self-employed, (discharged from the RETA) having a center in the first case or conduct business in the second, in the Community of Madrid, who have signed a financial transaction financed with funds from the "European Bank Investment ", for the implementation of investment projects or working capital financing in that territory.

    Consisting of new investment projects, interventions extending or improving their facilities and / or working capital financing of SMEs

    In the case of investment projects, is fulfilled the recipient's obligation to allocate the proceeds to the completion of it, when they will finance components of the project costs directly associated with capital investment, and specifically the following :

    The cost of acquisition of property forming part of capital investment, provided they have a permanent or lasting.

    The increase in permanent working capital required to enhance the productive activity associated with the investments financed.

    Intangible elements such as the purchase or development of own software, the research and development or staff training. Expressly excluded from this concept, the purchase of goodwill, the acquisition of patents and licenses for telecommunications activities, quotas or production rights in food and agriculture sectors, licenses or rights to exploit mineral resources and other production or distribution rights (for example, in the media or in services). For those who are part of projects of investment in research and development will be considered eligible personnel costs directly associated with the project. In any case, the intangible content of a project may not exceed 50 per 100 of the cost.

    Not be used for the purposes of justifying the recipient's obligation to allocate the proceeds to the realization of investment projects, when they will finance the purchase of land.

    Features financial transactions

    Should be treated in loans or financial leases ("lease") granted by a financial institution which has obtained a line of credit from the EIB. It should also be allocated entirely to the planned investment for the project or working capital financing of SMEs.

    Eligible, the financial operations of loan or lease (leasing) for the amount not exceeding 300,000 euros. If you exceed that amount, financial aid is calculated corresponding to a EUR 300,000 loan with regular repayments.

    The maximum repayment period is set to 5 years from the date of execution of the operation. If the financial transaction exceeds this period, calculate financial aid for a loan of that amount within five years with regular repayments.

    In the case of leasing or leasing, residual value or amount of the last installment shall be the same amount as the rest of the shares. Formalized financial transactions will be admitted after 15 December of the year preceding the granting of aid.

    Criteria for individual level

    • The amount of subsidy shall be three hundred basis points (3 for 100) on the nominal interest rate and obtained funding must be allocated to reducing the principal of it, applying the quantitative limits and repayment period to be the previous article.
      In any case the bonus may be greater than the financial cost of the financial transaction support.
    • The amount consists of the value at the date of the financial equivalent calculated in accordance with the formula set out in Article 5 of the Decree 820/1998 of 31 March, the Minister of Finance.

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  • Royal Decree 404/2010 of 31 March, regulating the establishment of a reduction of contributions by professional business contingencies that have especially contributed to the reduction and prevention of workplace accidentsRoyal Decree 404/2010 of 31 March, regulating the establishment of a reduction of contributions by professional business contingencies that have especially contributed to the reduction and prevention of workplace accidents.

    On 04.01.2010 in the Official Gazette published the Royal Decree 404/2010, which regulates a system of incentives for businesses to contribute effectively and testable way to the reduction and prevention of industrial accident.

    In this first year of eligibility for the bonus must apply and meet certain requirements.

    Qualifying companies are considered to have contributed to more than 5,000 € for Contingency Professionals in the required observation period: 1/1/1909 to 09/12/1931:

    Based on the above prerequisite, must meet these others:

    • Have made investments in facilities, equipment and processes aimed at reducing risk. These should be documented and determined quantitatively. As proof of certification from the employer, with the approval of safety representatives.
    • Do not exceed the limits of the overall accident rates and extreme, excluding commuting accidents.
    • Be aware of the Social Security payments.
    • HAVING Not Been Sanctioned by the Labour Inspectorate, by a final decision, in the prevention of occupational hazards.
    • Meet the basic requirements for the prevention of occupational hazards. Be proved by a questionnaire called the Self-Declaration on preventive activities and the existence of worker representation in the prevention of occupational risks contained in the annex of Royal Decree. Document will have to be established by the employer with the help of service prevention, to contain highly technical issues that concern them them.

    As if the above requirements were not enough, you also must have made the same observation period 01/01/2009 to 31/12/2009, at least two of the following:

    • Joining the staff of its own prevention resources (employees appointed or prevention service itself).
    • Conducting external audits of company preventive system.
    • Existence of plans of road mobility in the enterprise as a measure to prevent accidents at work in mission and the accident "in itinere".
    • Accreditation of the decrease in the percentage of workers in the enterprise or workplace exposure to occupational disease risks.
    • Certificate of quality of the organization and operation of the prevention of occupational hazards of the company, issued by entity or body duly accredited by the National Accreditation

    Other information:

    Maximum amount receivable by the beneficiary companies:

    For this first year may be up to 5% of the contingency fees paid by professionals, with the limit of investments.

    Application Deadline

    From 10/04/2001 to 05/15/1910.

    Place of Submission of applications:

    In the Mutual with which professionals have agreed contingencies.

    Collection date:

    When authorized by the General Directorate of Social Security, which is who should lead the Mutual applications.

    Inspection and Control:

    The General Directorate of Security will make available to the Inspectorate of Labour and Social Security, the information on the applicant companies for testing. The lack of accuracy will lead to the return of perceived incentive and exclusion from access to it, subject to the inspection visit other irregularities detected in prevention which may be subject to sanction.

    If your company meets the above requirements and want it to expedite the application relating to his MUTUAL WORKERS 'COMPENSATION should inform your usual in ARRABE CONSULTANTS, SA, as the deadline on Monday 05/10/1910, with our fees file management for € 150, irrespective of the result obtained.

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  • Madrid retain the deduction for home purchase autonomic

    The Executive of the Community of Madrid is the only one who has already announced it will hold the deduction for home purchase in the regional section of the income tax. The central executive eliminate the average income for this tax benefit in 2011. Thus, taxpayers with taxable income exceeding EUR 24107.2 to buy a house in 2011 and can not benefit from the deduction for house purchase. However, the new regional financing model adopted in late 2009 raised the regulatory capacity of communities to 50% income tax. Thus, regional governments can increase your deductions on regional section of the tax. Only Madrid is committed to maintaining this tax advantage.

    Currently, the shelter deduction amounts to 15% of the amounts paid in a year with a maximum of 9,015 euros. The locals with income exceeding 24,107 euros to buy a house from 2011 will be entitled to half of the deduction, 7.5%, the cost will fall on the estate in Madrid.

    For the moment, no other community has expressed the desire to maintain the status quo of the deduction in the regional section. Budget will be in 2011 when the region should be positioned. Castilla y León is considering following the same path as Madrid, but recalls that in its territory and there are additional deductions for young people.

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