Tax returns, self-assessments and annual summaries January 2015

Circular 1/ 2015 Tax returns, self-assessments and annual summaries January 2015 Barcelona, 7 January 2015 Dear Client, This Circular is designed to provide you with information with the Spanish tax filing schedule for the month of January 2015, as well as on the main modifications made to the different return, selfassessment and annual summary forms. Included in the following pages are tables summarising the tax returns, self-assessments and annual summaries whose filing deadline is from 20 January onwards, as well as a brief overview of the main changes made to them. As always, we will be pleased to provide any clarification you may require with regard to this circular. If necessary, in addition to the professionals who normally work with your company, you are welcome to contact Lorena Marquina, Judit Rosell and Sergi Fandos. Best regards, AUDICONSULTORES The sole and exclusive purpose of this circular is to provide its addressees with selected content providing general information on employment, tax-related or legal developments and issues, without this in any way constituting professional advice or being sufficient for taking personal or business decisions. 2015 Audiconsultores Advocats i Economistes SLP. All rights reserved. 01/2015 Returns, self-assessments and annual summaries

DISCLOSURE RETURNS, RETURNS, SELF-ASSESSMENTS & ANNUAL SUMMARIES filing periods for Spain s main taxes From 1 January until 20 January until 30 January until 2 February PERSONAL AND CORPORATE INCOME TAXES VAT OTHER 111 Fourth quarter December 2014 190 Annual Summary 115 Fourth quarter December 2014 180 Annual Summary 123 Fourth quarter December 2014 193 Annual Summary 124 Fourth quarter December 2014 194 Annual Summary 126 Fourth quarter December 2014 196 Annual Summary 130 Fourth quarter 131 Fourth quarter 165 Disclosure return on individual certifications issued to shareholders in newly or recently created undertakings. 2014 calendar year 182 Disclosure return on gifts, donations and contributions received and disposals made 2014 calendar year Option for or renewal of special pro-rata application for 2015 and following, if activities commenced in last quarter of 2014 036 037 039 Notification of status as reseller of mobile telephones and video game consoles, portable computers and digital tablets, for 2015 Notification of option for importers to include the liability assessed by Customs in the return-assessment for the period in which they receive the documentation Notification of new members in the month of January, special scheme for groups of undertakings Request for application of provisional deduction percentage other than that established as definitive for preceding year (no form) 303 Fourth quarter December 2014 308 Request for repayment of sales equalisation tax and occasional taxpayers 309 Non-periodic return 322 December 2014 340 December 2014 341 Flat-rate compensation in special system for agriculture and fisheries 349 Fourth quarter 2014 year December 2014 353 December 2014 367 Fourth quarter 380 Fourth quarter 390 Annual Summary December 2014 2014 year until 31 March 720 Disclosure return on assets and entitlements abroad until 31 March 848 Tax on Economic Activities. Notification of net turnover figure February Tax on Economic Activities. Notification of variation in and/or cessation of activities (*) 1 month from (*) 01/2015 Returns, self-assessments and annual summaries 2

036 HAP/2484/2014 DISCLOSURE RETURNS, RETURNS, SELF-ASSESSMENTS AND ANNUAL SUMMARIES main changes The ruling of the European Court of Justice of 26 September on case C-189/11, on the special scheme for travel agents, requires the abolishment of the option for establishing the taxable base globally, such that if the special scheme for travel agencies is applicable, the taxable base can only be established on a transaction by transaction basis. These modifications entail the need to change the Modelo 036 form, removing the option to establish the taxable base globally and modifying the information on the special scheme for travel agents, with no reference to the manner of establishing the taxable base: 036 HAP/2484/2014 The Otros Impuestos/Other taxes section contains a new subsection, called C) Impuestos medioambientales/environmental taxes, to incorporate the reference to the obligation to file the self-assessment for the Tax on the Value of the Production of Electrical Energy. 036 HAP/2484/2014 The tax reforms have introduced the possibility for those importers that are business persons or professionals (acting as such), provided that they pay taxes in the Public Administration and have an assessment period that coincides with the calendar month, to include the amount assessed by Customs in the self-assessment/return for the period in which they receive the documentation in which said assessment is placed on record. In the case of taxpayers that do not pay all taxes in the Public Administration, it is established that the amount assessed by Customs must be included in its entirety in the self-assessment/return filed with the Public Administration. This option must be chosen when filing the tax registration form at the commencement of the activity, or in the month of November prior to the commencement of the calendar year in which it is to be applicable. Nevertheless, Transitional Provision Two of Royal Decree 1073/2014, of 19 December, establishes that the application of this option for the 2015 tax year can be exercised until 31 January 2015. 01/2015 Returns, self-assessments and annual summaries 3

143 HAP/2486/2014 145 Resolution of 18 December 2014 180 HAP/1732/2014 HAP/1846/2014 Request for advance payment of deductions for large family and disabled persons against Personal Income Tax (Impuesto sobre la Renta de las Personas Físicas): Period: From the time that they meet the requirements and conditions for entitlement to payment, taxpayers may opt for advance payment thereof. Requests for advance payment may be filed from 7 January on 2015. Requests for advance payment to which the entitlement has arisen in the month of January 2015 may be filed until 28 February 2015. Requests may be filed as follows: Electronically, via the Internet, a) By the taxpayers entitled to the deductions, b) By those voluntary representatives of taxpayers with powers to file returns and self-assessments c) By those individuals or undertakings classified as social representatives ( colaboradores sociales ) Electronically, by calling the AEAT helpline (Centro de Atención Telefónica), On a paper form obtained by using the printing services developed by the AEAT on its website, from 3 February 2015 on. From 1 January 2015, the information on the prolongation of working life after the age of 65 should not be taken into account for calculating the withholding, and should not therefore be placed on record in the notification of the details of the wage earners to their payer or of variations to previously-notified details. Annual summary of withholdings and payments on certain income or earnings arising from the letting or subletting of urban properties. New fields for the identification of the properties let have been added. More specifically, these new fields cover the following details: Location of the property: It must be indicated whether the property let or sublet has a land registry reference number and if it is located in the Basque Country, Navarra or elsewhere in Spain. Land registry reference number: Should it be assigned, the land registry reference number should be entered for each property. Address: The complete address of the property let or sublet must be declared. Expanding upon the information to be supplied in the Modelo 180 form, this information shall coincide with the annual declaration of transactions with third parties for letting transactions for urban properties that are business premises and that are subject to withholding, and are excluded from the landlord s duty to declare on the Modelo 347 form. 01/2015 Returns, self-assessments and annual summaries 4

182 HAP/2201/2014 HAP/1846/2014 190 HAP/1846/2014 HAP/2178/2014 Disclosure return on donations, gifts and contributions received and disposals made. With regard to the protected assets of persons with a disability. A new transaction code is introduced: E. Expenditure of money and consumption of consumables contributed to protected assets during the calendar year referred to in the disclosure return or in the four preceding years to meet the basic needs of the beneficiary and which should not be regarded as a disposals of assets or entitlements for the purposes of the provisions of Article 54.5 of Law 35/2006, of 28 November, governing Personal Income Tax (regularisation of reductions in contributions and income for the protected person pursuant to DGT criteria) The description of the field Amount of valuation of donation, contribution or disposal is changed Elimination of the previous restriction on the number of entries for filing disclosure returns on natural persons using the PIN24H filing system for registered users with an access key. Annual summary of Personal Income Tax withholdings and payments on account for earned income, economic activities, prizes and certain capital gains and income allocations. Expansion of the possibility of using the sending of an SMS message as a means of filing the Modelo 190 form, in respect of undertakings subject to Law 49/1960, of 21 July, on commonhold property, provided that they do not exceed 15 entries. Removal of the previous restriction on the number of entries for filing disclosure returns on natural persons using the PIN24H filing system for registered users with an access key. Under the Payment code field and, particularly, as part of Code G, Earnings from economic activities: professional activities, a sub-code 04 is introduced with the following content: when dealing with payments subject to the specific withholding established in Additional Provision Forty of the Tax Act, for earnings paid to taxpayers who carry on professional activities when the amount of income from said activities relating to the immediately preceding tax year is less than 15,000 euros and represents more than 75% of the sum total of income from professional activities and earned income obtained by the taxpayer in said year. Additionally, under the Payment code field and, particularly, as part of Code E, Earned income, board members and directors, the following sub-codes may be entered: 01 This sub-code will only be entered when the board member or director is included in the general social security scheme as a worker treated as an employee. 02 This sub-code will be filled with all Code E earnings other than those that must be listed under sub-code 01. Given the above, payment code E.01 is included in the description of income that allows the allocation of deductible expenses, so that the Modelo 190 form may include the contribution of board members and directors to the general social security scheme, as workers treated as employees. 01/2015 Returns, self-assessments and annual summaries 5

210 211 213 HAP/2487/2014 Modelo 210. Non-Residents Income Tax. Non-residents without permanent establishment. Ordinary return. All those Modelo 210 self-assessments with a zero liability or repayment, made by the non-resident taxpayer him/her/itself on a paper form obtained from the printing services, shall be filed before the National Tax Management Office (Oficina Nacional de Gestión Tributaria), provided that, to be able to carry out the filing, the identification code must be used and, additionally, the self-assessment does not make reference to any representative or address for notification purposes in Spanish territory. This modification shall be applicable to self-assessments filed from 1 January 2015 onwards, irrespective of the chargeable period. NEW MODELO 290 FORM HAP/1136/2014 Annual disclosure return on the financial accounts of certain US persons (FATCA) For the first time, during the first three months of 2015, some financial institutions shall have an obligation to file the Modelo 290 form, the annual disclosure return on the financial accounts of certain US persons. The purpose of this form is to provide information on certain financial accounts (deposit accounts, investment accounts, custody accounts and insurance policies with a cash value) whose holders are US persons or undertakings and, in certain cases, on financial accounts whose holders are non-us passive entities, if those exercising control over said entities are residents for tax purposes in the United States of America or are citizens of said country. 296 HAP/2201/2014 Non-Residents Income Tax. Income obtained without the involvement of a permanent establishment. Annual return of withholdings and payments on account. Included with regard to the disclosure returns are: Individualised listings of any stakeholder clients or shareholders that have been the recipients of profits distributed by the collective investment undertaking or that have carried out redemptions or disposals of stakes or shares in the undertaking, and The individualised listing of clients, with their investment position in the collective investment undertaking as at 31 December of the immediately preceding year. Those marketing undertakings that are resident in a country with which Spain has signed a double tax treaty with an information exchange clause are exempted from including in the individualised listings that they must file annually residents in the same country of residence as that of the marketing undertaking, under certain conditions, whilst those non-resident undertakings that do not have a duty to file individualised listings are exempted from obtaining a tax identification number. 01/2015 Returns, self-assessments and annual summaries 6

347 HAP/1732/2014 HAP/1846/2014 TAX RESIDENCY RETURN The tax residency return has been merged into a single form, which shall be applicable to a range of cases. Exemption from notifying the tax identification number (NIF) in transactions with credit institutions (Article 28 RGAT). Exemption in the following cases: Purchasing foreign currency or travellers cheques in amounts of less than 3,000 euros (Article 28.2 RGAT) Asset, liability or securities accounts (Article 28.7 RGAT) Cheque payees, in the cases established in A.D. Six.3 of the General Taxation Act 58/2003 (Article 28.8 RGAT) Scope of accreditation for the purposes of not carrying out withholdings on income from non-resident accounts: Pursuant to the provisions of AD 1 of EHA/3202/2008, of 31 October, for the purposes of the provisions of Article 10.2 of the Non- Residents Income Tax Regulation (2), and shall be exclusively applicable to the income from non-resident accounts referred to in Article 14.1.f) of the revised text of the Non-Residents Income Tax Act, with no exemption from the remaining duties arising from Spanish tax regulations. Declaration for the purposes of the obligation to provide information on financial accounts in the field of mutual assistance (Article 37 bis RGAT). Annual return on transactions with third parties. Those with an obligation to file this return now include commonhold property owner communities, as well as certain undertakings or establishments of a social nature, in respect of acquisitions in general of assets or services made outside of business or professional activities, even if they do not carry on activities of this type. Taxpayers taking advantage of the simplified VAT scheme must supply information not only on the transactions for which they issue invoices but also for those in which they have received them and which are recorded in the register of invoices received. Those other than property owner communities must list all those persons or undertakings to which they have paid over grants, subsidies or aid, whatever the amount. Expanding upon the information to be supplied in the Modelo 180 form, this information shall coincide with the annual declaration of transactions with third parties for letting transactions for urban properties that are business premises and that are subject to withholding, and are excluded from the landlord s duty to declare in the Modelo 347 form Other transactions should be detailed separately: Transactions included in the special encashment basis scheme. Transactions in which the taxpayer is the recipient thereof (reverse VAT charge). Transactions subject to but exempt from VAT, associated with assets that are placed or intended to be placed under warehousing arrangements other than customs warehousing. Additionally, a new identification field for the declaring party has been included, for entering the VAT or tax identification number of businesspersons or professionals established in another Member State and who lack a Spanish tax identification number (NIF). 01/2015 Returns, self-assessments and annual summaries 7

303 322 390 HAP/2373/2014 Amendments to forms: Modelos 303, 308, 322 & 358 New boxes have been added, which must be completed in the self-assessment for the last assessment period for the year by taxpayers exempted from filing the annual summary return for VAT, to identify the activities to which the return relates and to provide details of the total volume of transactions in the year. This exemption is subject to the compulsory completion of additional boxes in the return for the last assessment period, such that if this return is not filed due to notification during the year of the cessation of activities in the Register of Business Persons, Professionals and Withholders, then Modelo 390, the annual summary return, must be filed in all cases. Amendments to forms: Modelos 303 & 322 A box is added to the self-assessment Resultado/Result section, which must include the charge for the tax on importation assessed by customs and pending payment. Given that this option has effect from 1 January 2015 onwards, this box will only be enabled for assessment periods beginning on or after said date. A further box, of a technical nature, is also added, to identify and take into account in the result charges in respect of which the businesspersons or professionals recipient of any transaction in respect of which there many not be a right to total deduction for the tax may be a debtor. For assessment periods beginning on or after 1 January 2015, Modelo 322 permits the choosing or revoking of application of the special pro-rata amount. This is also permitted, with effect exclusively for the monthly self-assessment, individual form (modelo), for the last assessment period for the 2014 tax year. Amendments to Modelo 390, the annual summary return for Value Added Tax Three new fields are included in the identification section of the Modelo 390, to indicate: whether the declaring party has been declared insolvent during the year, whether it has or has not opted for application of the special encashment scheme whether it has or has not had the status of recipient of transactions to which this special scheme has been applied. Added to the IVA devengado/output VAT section are details of transactions under the special encashment scheme and identification of modification of bases and charges on intra-group transactions. Added to the IVA deducible/input VAT section is identification of rectifications of deductions on intra-group transactions. With regard to the special encashment scheme, the following must be included: in the Volumen de operaciones/amount of transactions section the amounts relating to transactions under the special encashment scheme in accordance with the general accruals principle of Article 75 of the Value Added Tax Act, and in the Operaciones específicas/specific transactions section, taxpayers opting to pay tax under the special encashment scheme must enter the amounts of the bases and charges for operations to which the special encashment scheme has been applied that would have fallen due under application of the general accruals principle of Article 75 of the Value Added Tax Act, and there are additional boxes for both taxpayers opting for application of the special encashment scheme, and those that are recipients of transactions affected thereby, to provide information on the amounts of the tax bases and charges associated with the transactions to which the special encashment regime is applied or which are affected by it. In the Devengo/Chargeable event section of the Modelo 390 form, a box is added to identify whether the replacement return has been filed solely due to the rectification of tax charges deducted in self-assessments for the period object of the declaration due to insolvency. Exempted from the obligation to file the annual summary are groupings made up of taxpayers with a quarterly assessment period that carry on activities under the simplified VAT scheme and/or whose activity consists in letting transactions for urban property assets. 01/2015 Returns, self-assessments and annual summaries 8