Year-end measures against the effects of Covid-19
Today Royal Decree-Law 35/2020, of December 22, has been published in the BOE, which, among other measures, has introduced new tax regulations to mitigate the economic effects of Covid-19 and facilitate compliance with tax obligations for part of the taxpayers (click here) to access the content of said rule).
See below the main tax news.
Postponement of self-assessments for the first quarter of 2021
In the first place, the postponements of self-assessments that must be submitted between April 1 and April 30, 2021 by companies and freelancers who billed less than 6,010,121.04 euros in 2020 have been made more flexible.
In these cases, the Treasury will allow the possibility of deferring debts of up to 30,000 euros automatically and without guarantee (which currently exists) is also applicable to withholdings and payments on account, to fractioned payments of Corporation Tax and VAT . Note. The postponement may be requested for up to six months, without payment of late payment interest for the first three months.
Businesses in modulos
On the other hand, the following tax improvements have been introduced for employers under the objective estimation of personal income tax and the simplified VAT system:
The applicable reduction on the net yield of modules to be computed in the income tax return for 2020 is increased from 5% to 20% (in the case of entrepreneurs who carry out activities related to the tourism, hospitality and commerce sectors, the reduction is 35 %). In addition, this reduction will also be taken into account when calculating the installment payments of personal income tax for the fourth quarter of 2020 and the first quarter of 2021.
Likewise, a reduction of 20% of the annual fee accrued for current operations of the simplified VAT regime of the year 2020 (35% for activities related to the tourism sector, the hotel industry and commerce) is approved. Said reduction will also be applied in the calculation of the payment on account corresponding to the first quarterly installment of fiscal year 2021.
To calculate the annual yield for 2020 in objective estimation of personal income tax and the fee for current operations of the special simplified VAT regime, both the days on which the state of alarm was declared in the first half of the year should not be counted as a period of activity. 2020 as the days of the second semester of 2020 in which the effective exercise of the activity would have been suspended as a result of the measures against Covid-19 decreed by the authorities. Likewise, such days should not be taken into account when calculating the installment payment of personal income tax for the fourth quarter of 2020.
The waiver of the application of the module regime for fiscal year 2021 will not prevent taxation under said regime in 2022. Likewise, those taxpayers who renounced this method in fiscal year 2020, may return to tax in modules in fiscal years 2021 or 2022 , provided they meet the requirements for its application and revoke the resignation.
Finally, the deadline for submitting resignations or revocations related to the module regime with respect to the year 2021 is extended until next January 31, 2021. The resignations and revocations presented during this month of December until the publication in the BOE of the Royal Decree -Law 35/2020 will be understood to be presented in a business period.
However, entrepreneurs who wish to do so may change their option again between December 24, 2020 and January 31, 2021.
Incentive for landlords of premises
The lessors not considered “large holders”, with premises in which certain economic activities related to the tourism sector, the hotel industry and commerce are carried out and that voluntarily agree to reductions in the rent corresponding to the months of January, February and March 2021 , may compute as a deductible expense for the calculation of the return on real estate capital the amount of the rent reduction agreed during such months.
This will not be applicable when the reduction in the rental rent is subsequently compensated by the lessee through increases in subsequent rents or other benefits, or when the lessees are a related person or entity.
Impairment of credits due to defaults in the case of SMEs and lessors
For the years 2020 and 2021, the period that must elapse from the expiration date of a credit for the impairment recorded to be deductible is reduced from six to three months.
This important novelty is applicable both in Corporation Tax and Income Tax (in the event that an economic activity is carried out), in the case of companies and entrepreneurs that are considered “small companies”. Likewise, natural persons ar real estate renders when calculating the net return of the real estate capital to declare in your personal income tax.
Royal Decree-Law 35/2020, of December 22, has introduced new fiscal measures to mitigate the economic effects of Covid-19.