The fiscal advisors of our law firm in Marbella, where you may find accountants and lawyers under one roof, have the pleasure to inform you about the most relevant modifications on the Spanish Company Tax. These Spanish Tax modifications shall enter into force from the 1st January 2015.
- A new concept of economic activity regarding rental activity of real properties is given. It shall not be obligatory any more to have a trade premises and it is enough that one person is registered as a full time employee.
- The concept of “holding company” or “asset management company” is acknowledged to be a company that does not carry out any business activities or companies with more than half of their assets composed of values and is not related to business activities.
- The professional partnerships with commercial corporate object shall also become taxpayers of this type of tax from 1st January 2016. A special tax regime for the dissolution and winding up of these professional partnerships shall be applied from 1st January 2016. Bye bye to the so known “Sociedades Civiles”.
- The repayment schedules are simplified and the years of repayment of intangible fixed assets are limited to the life cycle of such assets.
- Only the losses due to asset and credit impairment shall become deductible and not any more the losses due to impairment of the material and intangible fixed assets (including goodwill).
- It is established that revenues from equity loans, between companies of a group, shall be considered to be retribution of their own funds. Bye, Bye to the wel known “Préstamos Participativos”.
- It is maintained that donations and gifts will not be deductible, although they allow the expenses of customer or supplier service (with a limit of 1% of the annual business turnover) provided that these expenses are totally proven.
- The retribution paid to the Director for its top management position by virtue of a labour contract with the company shall not be considered as gifts.
- The deductibility of financial costs is modified (of the 30% of the exploitation profits) with regards to the limits to consider participation as significant (5% or 20 million acquisition value).
- The currency adjustment coefficients set out in article 17 are eliminated (currency depreciation) that were applicable in conveyances of real property.
- Compensation of negative tax bases is allowed from the 1st January 2016, without any time limit whatsoever (before only the previous 18 years), with a limitation of 60% due to excess of the tax base over 1 million euros.
- A limitation is introduced for the compensation of tax bases if the Company is acquired by a third party other than the party that generated the tax bases.
- With regards to the tax rate set forth in article 29, a general tax rate of 25% is set out from 1st January 2016, reducing to 28% for the fiscal years started since 1st January 2015.
- The deduction for reinvestment of extraordinary profits is eliminated, and the deduction percentages for investment in I+D+I decrease to 25%.
- Medium-sized companies are excluded from the classification of Holding companies. Also the unrestricted amortisation schedules for small investments are eliminated as well as the accelerated amortization for equity elements object of reinvestment (from 2016 onwards). The tax rate shall go from 25% to 28% in 2015 and shall be of 25% in 2016.
Do you wish to set up a Spanish company? Do you need counselling in tax, accounting and company matters? Do you need efficient advise with regards to the Company Tax in Spain? Do not hesitate to contact our Spanish law firm in Marbella, Málaga, Spain. We will be pleased to answer all your enquiries on taxes, accountancy, company and legal issues.
María Teresa Arcos, Lawyer in Marbella
Wim Lamers, Accountant (economista) in Marbella.
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