Resignations and revocations

Simplified direct estimate of IRPF :

The simplified form of the direct estimation method of IRPF will be applicable to determine the net income of the economic activities carried out by entities in the attribution of income, provided that all of its partners, heirs, commoners or participants are natural persons who pay taxes for this Tax and the entity meets the regulatory requirements.

The application of this modality must be carried out independently of the circumstances that occur individually in the partners, heirs, commoners or participants.

However, for the purposes of defining the scope of application, not only the operations corresponding to the economic activities carried out by the entity itself under the attribution regime must be taken into account, but also those corresponding to those carried out by its partners, heirs, co-owners or participants, the spouses, descendants and ascendants of these, as well as by other entities under the income attribution regime in which any of the above persons participate, in which the circumstances indicated in article 32.2.a) of the Personal Income Tax Regulations occur (Royal Decree 439/2007, of March 30, BOE of the 31st).

The waiver of this modality will be carried out by the entity presenting a census declaration model, marking with an “X” box 821 on page 8 and recording the signature of each and every one of the partners, members or participants in the space reserved for this purpose.

The revocation of the waiver (box 822 on page 8) of this modality will be communicated by the entity by submitting the corresponding census modification declaration, although, in this case, it will not be necessary for the list of partners, members, or participants to be signed by all, it being sufficient that the declaration be signed by any of them.

Objective estimate of personal income tax:

The objective estimation method in personal income tax will be applicable to determine the net income of economic activities carried out by entities in the attribution of income, provided that all of their partners, members or participants are natural persons who pay taxes for this tax.

The application of this objective estimation method must be carried out independently of the circumstances that occur individually in the partners, members or participants.

The waiver of the method will be carried out by the entity submitting a census declaration model, marking with an “X” box 819 on page 8 and recording the signature of each and every one of the partners, members or participants in the space reserved for this purpose.

The revocation of the waiver (box 820 on page 8) of this modality will be communicated by the entity by submitting the corresponding census declaration of modification, although, in this case, it will not be necessary for the list of partners, members, or participants to be signed by all, it being sufficient that the declaration be signed by any of them.

Simplified regime of VAT

Taxpayers who are (in addition to natural persons) entities subject to the income attribution regime for Personal Income Tax will be subject to the simplified regime, provided that, in the latter case, all of their partners, heirs, co-owners or participants are natural persons. And that they carry out any of the economic activities described in article 37 of the VAT Regulation , provided that, in relation to such activities, they do not exceed the limits determined for them by the Minister of Economy and Finance.

The application of the simplified special regime to the entities referred to in the previous paragraph will be carried out independently of the circumstances that occur individually in the persons that comprise them.

The waiver of this modality will be carried out by the entity presenting a census declaration model, marking with an “X” box 823 on page 8 and recording the signature of each and every one of the partners, members or participants in the space reserved for this purpose.

The revocation of the waiver (box 824 on page 8) of this modality will be communicated by the entity by submitting the corresponding census declaration of modification, although, in this case, it will not be necessary for the list of partners, members or participants to be signed by all, it being sufficient that the declaration be signed by any of them.

Special regime for agriculture, livestock and fishing of VAT:

The special regime for agriculture, livestock and fishing will apply to the owners of agricultural, forestry, livestock or fishing farms who meet the requirements set out in the Value Added Tax Law and its Regulations, provided that they have not renounced them.

The waiver of the special regime for agriculture, livestock and fishing by entities under the income attribution regime in the Personal Income Tax will be carried out by the entity submitting a census declaration model, marking with an “X” box 825 on page 8 and recording the signature of each and every one of the partners, members or participants in the space reserved for this purpose.

The revocation of the waiver (box 826 on page 8) of this modality will be communicated by the entity by submitting the corresponding census modification declaration, although, in this case, it will not be necessary for the list of partners, members or participants to be signed by all, it being sufficient that the declaration be signed by any of them.