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We blog legal and tax information targeted to resident and non resident UE citizens in Spain to help them with these issues and to solve doubt and generate controversy about these matters.

New forms 303, 322 and 390 for 2014 and VAT for importation of goods
15 January 2015

We inform you about the novelties regarding forms 303 for VAT to submit this last term of year 2014 and form 390 and who are obliged to fill it in or not during the next month of January 2015, and about some novelties about the payment of the VAT of importation of goods.

390 and new 303

First of all, there will not be obligation to submit the form 390 those who pay their VAT on three months basis and will pay their VAT on the simplified system and/or hire urban real estate goods. In exchange, page 3 of VAT form changes substantially and in it, you will have to display in the fourth term of the year all the annual information that used to be displayed on page 6 of form 390 that now you don´t have to submit. VERY IMPORTANT: if the activity would cease during the year and therefore there wouldn't be obligation to submit the last term of VAT form 303 then you are obliged to submit form 390.

Importation VAT for year 2015

Those entrepreneurs that pay their VAT on monthly basis, can choose to defer the payment of the VAT for importation of goods and aggregate that amount to their month VAT declaration (a new box has been included to display this information on new forms 303). This choice has to be communicated to the Tax Office before January the 31st of 2015.

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Taxation on rentals
08 January 2015

2015 TAX REFORM - TAXATION ON RENTALS

Reduction on revenues from the rental of real estate:

When the rental came from an estate use as habitual dwelling of the tenant, there is a reduction of 60% of the net rent and this reduction rose up to 100% when the tenant was aged between 18 and 30 years old. This reduction of 100% disappears.

Also for the revenues obtained on no regular basis or with a generation period of more than two years, the percentage of reduction on them falls from 40% to 30% and the total amount to apply that reduction on, cannot be over €300,000.

Revenues from economic activities:

To consider rentals from a real estate as an economic activity, the possession of a commercial local is not a requirement anymore. It is just needed to have an employee full time.

Deductions for the quote of tenants:

The deduction for tenants for the payment of their rentals of his habitual dwelling disappears. If tenants have been living on a rent before 2015 and have been entitled to deduct for that rental, they will keep the right to keep on do it so during the existence of that rental according with former regulation.

Serveco

www.serveco.es

antoniojara@serveco.es



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TAX REFORM - TAXATION OF THE PENSIONS
02 January 2015

1) Disposal of funds of a pension plan or similar products:

For the already existing cases that allowed the anticipated disposal of the funds placed on a pension plan (serious condition or illness and long term unemployment), now the law foresees a new one: the amounts link to the investments placed more than 10 years ago. As they can be disposed in anticipate they can be object of seizure as well.

Withdrawing of these amounts can be simultaneous with new placements in the fund provisions for the contingencies that might occur. The disposal of these amounts related to investments placed more than ten years ago will be able to be effective from 1 January the 2025.

2) Limits to contributions to pensions plans:

The limit to the contributions to pensions plans of the spouses that don't develop any job or economic activity or in case of developing doesn't provide incomes over €8,000 is risen from €2,000 to €2,500 per year.

And limits for contribution to own pensions plans now for all kind of tax payers no matter their age are the lower of these two limits:

- 30% of their revenues from jobs or economic activities or

- €8,000 per year (before the tax reform it was €10,000 per year and €12,500 if taxpayers was older than 50 years-old).

3) Pensions plans and reduction of 40% or 75% for contributions made before 1 January 2007:

It gradually dies out the possibility of making the option for the previous Income tax law.

Remember that with retirement is not compulsory to dispose of a pension plan either in terms of the periodic rent or in terms of a whole amount of capital in just one go. So if retirement takes place from 2015 on, the reduction of former law of 40%-75% foreseen in case you apply for the payment of the funds of the plan in one payment will be effective if you apply for it during the years 2015, 2016 or 2017. Afterwards, the capital will be reimbursed to the pensioner without tax reduction of any kind.

If retirement took place between 2011 and 2014 and funds haven’t been applied in capital yet, reductions will be effective if application of the capital funds takes place within the period of the next eight years from retirement date.

If retirement took place in 2010 or previously and funds haven’t been applied in capital yet, reductions will be effective if application of the capital funds takes place before 31 December 2018, otherwise this tax benefits will be lost.



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