Newsletter 187 BNFIX PICH
As we are about to close an intense month of January, you can now read the corresponding Newsletter, number 187, which includes a handful of legal developments that we should take into account, such as the extension of the flat rate for new self-employed workers, the repeal of the latest labour measures proposed by the Government, the increase in the Minimum Professional Wage (SMI), or the ruling of the Constitutional Court that considers unconstitutional some points of the 2016 Corporate Income Tax. We also report, among many other issues, on the improvement of the tax treatment of contributions to foundations and the extension of the investment deadlines to be able to apply deductions for the improvement of the energy efficiency of buildings. In addition, we suggest reading some publications and diary notes from our professionals.
As always, we are at your disposal to answer any questions or provide further information on any of the topics in this newsletter.
Jordi Altafaja – firstname.lastname@example.org
Managing Partner BNFIX PICH TAX LEGAL
/ Extension of the flat rate for new self-employed workers
Self-employed workers who signed up in January 2023 with the right to the monthly flat rate of 80 euros may apply for an extension of that rate for the following 12 months if their estimated net income will not exceed the current annual minimum wage. The self-employed must expressly submit the application before the end of the first 12-month period of the initial flat rate.
/ Labour novelties: the measures of RDL 7/2023 have been repealed and the minimum wage has been increased to 1,134 euros.
RDL 7/2023, which introduced some labour novelties and which we talked about in a previous newsletter, did not pass the Congressional procedure, although the Ministry of Employment is working on a new proposal that has the consensus of all political forces. On the other hand, a new increase in the Minimum Interprofessional Wage (SMI) has been approved.
/ The Constitutional Court declares unconstitutional several amendments to the 2016 Corporate Income Tax.
The Constitutional Court (TC) declared on 18 January the unconstitutionality of certain tax measures introduced in Royal Decree-Law 3/2016 in the Corporate Income Tax for that year. However, the ruling will only benefit self-assessments challenged up to the date of the ruling and which allege the unconstitutionality of such measures.
/ Startup certification, the key to accessing the advantages of the new Startup Law
The Startups Act passed at the end of last year has incorporated measures to facilitate the creation and growth of these companies and to promote investment in innovation through tax and financing advantages.
To access these advantages, the company must meet the requirements set out in the law in order to be considered a startup and be certified as such by the public company ENISA.
/ The investment deadlines for applying deductions for improvements in the energy efficiency of buildings have been extended.
Royal Decree-Law 8/2023, of 27 December, has extended the investment deadlines for the application of deductions for improvements in the energy efficiency of homes and buildings. This extension is an acknowledgement of the low demand from individuals to take advantage of the personal income tax deduction for energy saving investments in housing and, on the other hand, it is a reminder to companies in the sector that they are not publicising and promoting this advantage.
/ Data protection prohibits biometric systems, except in exceptional cases
The Spanish Data Protection Agency (AEPD) considers biometric systems for access control (fingerprint, iris, facial recognition…) to be prohibited except in isolated cases that justify their use instead of those that do not use high-risk data.
/ Tax improvements to contributions to foundations and non-profit organisations come into force
On 1 January, various legal amendments came into force that improve the tax treatment of contributions to foundations and non-profit organisations. These improvements have been introduced in Royal Decree-Law 6/2023 of 19 December, on urgent measures for the implementation of the Recovery, Transformation and Resilience Plan and which makes changes to Law 49/2002 regulating this type of entity.
Coinciding with these changes, the studies service of the General Council of Economists has published an updated guide on taxation of non-profit entities, the requirements to be met to qualify for this regime, and the new incentives for patronage, which can be downloaded HERE.
/ Average supplier payment period: an approach to the issue
Talking about the average supplier payment period goes beyond accounting records, as it has an impact on commercial relations, business image and the long-term viability of the company.
/ The rightful share of the disinherited, to their descendants
The disinherited are represented in the inheritance by their respective descendants by lineage, according to a recent judgement that points out that the drafting of the will was key for the legitimate share that corresponded to a disinherited daughter to be passed on to her children. An example of how good legal advice is also advisable in order to plan an inheritance that satisfies the person making the will.
/ Session on pension plans in the construction sector:
The “Gremi de Constructors d’Obres de Barcelona i Comarques” and the “Cambra de Contractistes” organised a session on 12 December in which Montse Teruel, from the Labour Area, addressed the new pension plan in the construction sector and the technical aspects related to the implementation of this plan in payrolls.
The summary of the session HERE
/ Webinar on tax and labour law developments
📅 6 February
Carolina Mateo, from the Tax Area, and Sara Bueno, from the Labour Area, will give a webinar on 6 February for the Gremi de Constructors d’Obres de Barcelona i Comarques, in which they will review the main legal developments for 2024 (pending the news that may bring the General State Budget) in the tax and labour areas and that may be of interest to the member companies.
/ Taxation and housing
New ‘Opinion Tribune’ by our partner, Valentí Pich, in his capacity as president of the General Council of Economists, in which he talks about one of today’s major problems, access to housing, its taxation and the factors that could contribute to solving the current difficulties in accessing housing.
/ COP28. Final report. Outcomes and conclusions
The United Nations Climate Change Conference 2023 (COP28), held in Dubai (United Arab Emirates) from 30 November to 13 December, concluded with a historic agreement that marks the beginning of the end of the fossil fuel era. The CEOE took part in the meeting and has produced an interesting 12-page report that is worth reading.