The tax form 190, what it is and how to file it
Tax form 190 is a compulsory formality for most companies and self-employed people in this country, so it is important to know its content, how to file it and the particularities of this section. Below, we analyse tax form 190, so that you have all the information you need.
What is the tax form 190
Form 190 is a tax form in Spain used for the informative declaration of withholdings and payments on account of Personal Income Tax (IRPF). This form is filed by employers and other entities that pay income to workers, professionals or service providers and that are subject to tax withholdings.
The main purpose of Form 190 is to inform the Tax Agency of the amounts withheld and income earned during the tax year. This includes salaries, pensions, rents, payments to self-employed professionals and other transactions subject to withholding.
It is important to note that Form 190 is an information return and does not involve the payment of additional taxes; its purpose is to allow the Tax Agency to supervise and control compliance with tax obligations by both taxpayers and those making payments subject to withholdings.
The proper and timely filing of Form 190 is essential to avoid penalties and maintain transparency in financial transactions. Taxpayers and entities must ensure that they comply with their tax obligations and provide accurate information on this form to avoid problems with the tax administration.
The presentation of tax form 190
Form 190 must be filed by all persons and entities that make payments subject to withholdings, including, among others, companies, employers, self-employed persons and entities that make payments for salaries, professional fees, rents, dividends, interest and other financial transactions subject to withholding.
The deadline for filing Form 190 is annual and corresponds to the previous tax year. In general, it must be filed during the month of January, specifically from 1 January to 31 January of the following year to which the information corresponds. For example, the information return corresponding to the year 2023 must be filed in January 2024.
Form 190 is filed with the Spanish Tax Agency. There are several ways of filing:
- Telematic filing: The most common and recommended form is electronic filing through the Tax Agency’s website (www.agenciatributaria.es). A digital certificate or electronic ID card is required to access this service.
- Using help software: It is also possible to use help programs provided by the Tax Agency to prepare and file Form 190. These programs allow you to generate the necessary file for electronic filing.
- In person: If it is not possible to file electronically, some Tax Agency offices allow the physical filing of the form on paper.
It is important to note that the filing of Form 190 is an important tax obligation, it is essential that taxpayers and entities comply with this requirement within the established deadline and provide accurate and complete information on payments subject to withholdings made during the tax year. Hiring an agency can help to avoid legal problems.
Contents of Form 190
The main content of Form 190 is based on the following sections:
– Identification of the declarant: Includes the details of the person or entity filing the form, such as name, NIF (Tax Identification Number), tax address and contact telephone number.
– Annual summary return: Shows a summary of the total amounts withheld and paid on account during the tax year by the filer.
– Breakdown of operations: Details the specific transactions subject to withholding. This may include:
- Withholdings made on wages and pensions.
- Withholdings for leases of real estate.
- Withholdings for interest and dividends.
- Withholding for payments to self-employed professionals.
- Withholdings for other income subject to withholding.
– Amount withheld: Indicates the total amount withheld in each of the above categories.
– Amount paid on account: Reflects the total amount paid on account to the tax authorities for the withholdings made.
– Type of withholding: Specifies the withholding rate applied to each operation, which varies according to the nature of the payment.
– Additional information: This may include additional data related to the transactions subject to withholding, such as the name and tax identification number of the payee of the payments.
– Date and signature: You must include the date the form was filed and the signature of the declarant or his legal representative.
It is essential that the Form 190 is completed accurately and that the information reflected coincides with the accounting records of the transactions carried out during the tax year.
At Asesoría Orihuela Costa we advise you whenever you need it, so that, among other things, you can file the Form 190 on time and with the necessary content to protect your annual economic activity.
What's new Model 190 2023
With effect for the filing corresponding to the 2023 financial year and whose filing period begins on 1-1-2024, by OM HFP/1286/2023 form 190 is modified:
- New subkeys are created to contemplate the new withholding rates:
- The 7% tax rate is applied to income from work obtained from the production of literary, artistic or scientific works when the right to exploit them is transferred;
- 15% on income from intellectual property, except where the 7% rate is applicable;
- 7% in the case of advances on account deriving from the assignment of the exploitation of copyrights that will accrue over several years.
- The types of contract or relationship are being modified to include artists working in the performing, audiovisual and musical arts, as well as those performing technical or ancillary activities necessary for these activities. This implies the incorporation of a minimum 2% withholding tax on such special employment contracts.
- A greater breakdown of the various benefits and subsidies paid by the SEPE for aid to the most vulnerable groups is introduced, in order to process and manage this aid correctly and swiftly. This update will be implemented for the first time in the filing of form 190 for tax year 2025, whose deadline for submission begins on 1 January 2026.
- A difference is made between residents on the island of La Palma and the rest of residents in Santa Cruz de Tenerife, for the purposes of applying the reduction in the withholding percentage of 60%.
- New subkeys have been created to reflect exempt payments in kind derived from the delivery of shares or holdings granted to employees of an emerging company.
- A new field has been established to record withholdings and payments on account derived from being administrators and members of Boards of Directors in the State, in the Provincial Councils of the Basque Country and in the Autonomous Community of Navarre. This measure will facilitate the correct declaration and management of this income by the corresponding tax authorities.
- The aim of this measure is to reduce the necessary requirements, since in cases of joint taxation, the corresponding administrations must demand withholdings proportional to these remunerations according to the volume of operations. However, in the annual reports of the Basque Country and Navarre that are submitted to each of the competent administrations for collection, both the total income and the withholdings made must be included.
- The term “degree of handicap” is currently being replaced by “degree of disability”. This change is intended to promote more inclusive and respectful language towards persons with disabilities. It is important to adapt to this change to ensure proper communication and to avoid possible stigmatisation.
