Keys to applying for 2012 Tax Return

As usual every year, the Tax Campaign begins with the application of the draft. Taxpayers may apply for a copy of their tax return/fiscal data for individual Income Tax for the year 2012, from April 2^nd until July 1^st 2013, according to the Order of the Ministry of Economy and Finance. In addition to this, they may confirm the draft, whatever the result, from that date until July 1^st of the same year.

Who has to file a tax return?

In any case, a taxpayer who only earns up to €22.000 per year from the same source is not obliged to file for income tax. If the income is from more than one source then the amount received from the second (and so on) must not be more than €1.500. Taxpayers who earn €11.200, as a maximum annual income are exempt from the obligation applied to multiple income sources, provided that the sum of the second or other incomes is greater than €1.500. Certain taxpayers are obliged to file a tax return in order to apply deductions for property investments, company savings accounts, international double taxation, social security mutual benefits, as well as reductions to the contribution base of pension plans or protected assets of disabled persons. Therefore, these rules still apply to those who have earned less than €22.000,00 as a yearly income.

Deadlines

The deadline to request and confirm the return/fiscal data for individual Income Tax is April 2^nd to July 1^st, coinciding with the deadline to confirm the draft income online with result to return and payment without deposit. If the results of your tax return infer an amount will be repaid to yourself and you want this to go to your account, you must confirm the details no later than June 26^th.   As every year, may apply for the draft only taxpayers who have earned employ income, investment income with retention or deposit, treasury bills, real estate income imputation maximum of two properties, patrimonial profits or payment on account and grants for the purchase of a main residence. No draft may be requested for those who conduct a business or obtain income from different sources than those mentioned above.

Tax Novelties / Dwellings

• From 1st January 2013 the deduction for investment in main residence has been eliminated. Those who have obtained it before December 31st 2012 or that had paid amounts before that date for the construction, expansion, rehabilitation or work for disability reasons in its usual home can continue to apply this tax benefit.

• As of July 15th 2012 for those who obtained a dwelling before 20th January 2006 the tax offset is suspended.

State lotteries and games

• Tax for State lottery prizes that exceed € 2,500 will be subject to this new tax on personal income of 20%.

Capital Gains

• Capital gains and losses arising from the transfer of elements that had remained in the possession of the taxpayer for a period shorter than one year will be considered part of the general tax base and therefore excluded from the savings tax base.

• From the October 31st 2012 shall be charged on the general tax base of the exercise in which capital gains are found unjustified, i.e. the possession of property or rights that are inconsistent with the declared income of the taxpayer. This unless proven of sufficient evidence by owner that possession of the property is above the legally prescribed period of limitation. The term capital gains are not justified for those goods that have not been complied with its reporting requirement in the Special Tax Declaration (model (750).

Declaration of assets abroad: introduces the obligation to report certain assets located abroad and whose value exceeds € 50,000 on December 31^st each year, to all natural and legal individuals resident in Spanish territory, to permanent establishments, heritages and civil communities or partnerships.Those who does not meet this requirement will be subject to a penalty system.

Labour  

• Compensation because of a completion of an employment or trade relationship and whose amount exceeds certain limits, are excluded the reduction of 40%.

Economic activities

• The percentage of withholding applicable to professional activities has increased since September 1st, 2012 from 15% to 19%, applying as a temporary measure which will be used by 21% until 31st December 2013, soon to become 19%. This measure will also have their application for employment income derived from teaching courses, conferences, symposia or arising from the development of literary, artistic or scientific works. According to Royal Decree Law 20/2012 those professional covered by the reduced rate of 7% will turn to be 9%.

• Deductions for investments included the use of new technologies by employees will continue through 2013.

• For entrepreneurs with turnover below 50% of its operations to individuals fixed as of January 1 excluding modules, affecting those whose incomes exceed € 50,000 per year and also are discharged in the activities practiced in the retention of 1% (bricklaying, plumbing, carpentry, painting, etc.).

• From the November 19th, 2012 has been set a limit of cash payments and which amount exceeds 2,500 Euros in transactions in which either party is a trader or professional acting as such. If payments by installment should add all fractional parts to calculate the limit.

At Lexland Lawyers would recommend that you always have your tax return reviewed by a professional, as from our experience we can guarantee that many of them are incorrect and as such do not represent the right deductions. We would like to remind you that our team of specialised professionals remains at your disposal for any queries or representation in this matter.