Updated IRPF 2018

MAIN TAX NOVELTIES INTRODUCED BY ROYAL DECREE 1074/2017, OF 29TH DECEMBER (BOE DEL 30) IN THE REGULATION OF PERSONAL INCOME TAX, APPROVED BY ROYAL DECREE 439/2007, OF 30TH MARCH.

PERSONAL INCOME TAX

Scholarships for the study and training of researchers

With effect from 1 January 2018, the amounts exempted from scholarships are increased by the following amounts:

Generally speaking, 6,000 euros per year.
When the financial allocation is intended to compensate travel and accommodation expenses for regulated studies in the education system, up to and including master's degree level or equivalent, 18,000 euros per year. For studies abroad, 21,000 euros per year.
If the purpose of the scholarship is to carry out doctoral studies, up to a maximum amount of 21,000 euros per year if they are studied in Spain. If they are made abroad, up to a maximum amount of 24,600 euros per year.
(Amendment of Article 2 (2) of the RIRPF)

Study expenses for staff training or retraining

With effect from 1 January 2017, the cases in which studies arranged by institutions, companies or employers and financed directly or indirectly by them for the updating, training or retraining of their personnel, when they are required by the development of their activities or the characteristics of the jobs are extended, even when their actual provision is made by other persons or specialized entities, shall not be considered as remuneration in kind.

After the modification, it will be understood that the studies have been arranged and financed indirectly by the employee when they are financed by other companies or entities that market products for which it is necessary to have adequate training by the worker, provided that the employer authorizes such participation.

(Amendment of Article 44 RIRPF)

Exempt labour income for company canteen expenses

With effect from 1 January 2018, the daily amount exempted from indirect formulas for providing catering services, i. e. meal vouchers or similar documents, cards or any other electronic means of payment that are delivered to the worker to meet this need, is increased.

The daily exemption amounts to EUR 9 to EUR 11 per day.

(Amendment of Article 45 (2) of the RIRPF)

Family minimum for descendants

With effect from 1 January 2017, for the purposes of applying the minimum family requirement for descendants, in addition to those persons linked to the taxpayer through guardianship or foster care in the terms provided for in civil legislation, those who have custody and guardianship attributed to them by a judicial decision shall be treated as descendants.

(The following paragraph shall be added to Article 53 (2) of the RIRPF)

Rectification of self-assessments

A new way is introduced to submit a request for correction of self-assessment with which to correct an error that would have adversely affected the taxpayer by using the return model itself.

This procedure, in the event that the Administration merely contrasts the documentation presented by the interested party with the data and background in its possession and agrees to rectify the self-assessment in the terms requested by the taxpayer, will have the following specialties with respect to the general rules provided for management procedures:

In the absence of formal verification actions, the agreement will not have the effect of closing down subsequent verifications, that is, it will not prevent the subsequent verification subject of the procedure.
If the agreement gives rise to a refund and the payment of default interest is not effected, there is no need for the tax authorities to make a provisional settlement, but the agreement shall be deemed to have been notified upon receipt of the bank transfer.
(IRPF Article 67a is added)

Withholdings

As a consequence of the consideration of capital gains from the transfer of subscription rights as of 1 January 2017, the withholdings to be applied are regulated:

Capital gains deriving from the transfer of subscription rights pursuant to Article 37 (1)(a) and (b) of the LIRPF are subject to retention.
The depository institution and, in its absence, the financial intermediary or the notary public involved in the transfer shall be obliged to withhold or deposit on account.
The obligation to make a withholding or deposit on account shall arise at the time when the transfer is formalized, regardless of the agreed collection conditions. Where the obligation falls on the depositary institution, it shall withhold or pay the depositary institution on the date on which it receives the amount of the transfer for its own account.

The retention to practice will be 19 percent.
(Amendment of Articles 75.1,76.2,78.3 and 99.3 of the RIRPF)