8. Loss of exemption from certain remuneration in kind
Regulations: Art. 43.2.3 Regulation Personal Income Tax
Remember: In those cases where the situation that motivates the regularization affects tax periods prior to 2024, consult the practical manual corresponding to the aforementioned tax period.
A corrective self-assessment corresponding to the 2024 financial year must be submitted when, after the application of the exemption, active employees of companies have lost the right not to consider as remuneration in kind the receipt of shares or participations in the company for which they work, or in another company of the group, under the terms and conditions established in article 43 of the Personal Income Tax Regulations .
The loss of the exemption provided for in article 42.3.f) of the Income Tax Law may occur as a result of failure to comply with the period for holding said shares or participations or other of the requirements provided for in the aforementioned article.
For these purposes, please note that the conditions and requirements that must be met so that the delivery of shares or interests to active workers is not considered remuneration in kind are discussed in Chapter 3, within the section relating to " Exempt employment benefits in kind ".
The corrective self-assessment for the 2024 tax year must be filed within the period between the date on which the requirement is not met and the end of the statutory declaration period for the tax period in which the non-compliance occurs.
This self-assessment will generate late payment interest which, where applicable, will be settled by the Administration.
Note: If the corrective declaration for the year 2024 responds to this circumstance, the taxpayer must mark with an "X" box [119] in the "Corrective self-assessment" section of the declaration.