FAQs
Frequently asked questions about DANA tax measures for damages.
Other tax issues
Yes. A may be applied that will be proportional to the time elapsed from the day on which the activity ceased until its under normal conditions, whether in the same premises or in others, without prejudice to the assumption of in the financial year, which will take effect from December 31, 2023.
If the corresponding receipts have already been paid, you may request their return from the body responsible for their management.
Yes, when it is proven that both the people and the property located therein have had to be subject to total or partial relocation in other homes or different premises until the damage suffered has been repaired, or losses in agricultural and livestock production that constitute losses whose coverage cannot be achieved through any public or private insurance formula.
Taxpayers who are entitled to this exemption and have paid the bills corresponding to said fiscal year may request a refund from the body in charge of managing it.
Aid granted in the event of death or disability as provided for in Royal Decree 307/2005 of 18 will be exempt from taxation in the Personal Income Tax (Article 12.7 of Royal Decree-Law 6/2024)
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Aid, including as aid for Income Tax purposes the compensation paid through the Insurance Compensation Consortium, for the destruction of a property item is exempt .
When its amount is less than the loss incurred (which is calculated by the difference between the aid, including the compensation from the Consortium, and the acquisition value), the negative difference between the loss and the amount of the aid may be included as a capital loss in the IRPF . When there are no losses (because the aid, including the compensation from the Consortium, is greater than the acquisition value of the asset), only the amount of the aid, including the compensation from the Consortium, will be excluded from taxation.
Example 1:
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Value of the property at the time of the accident = 175
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Purchase value of the property = 150
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Consortium Compensation = 120
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Aids = 20
(Consortium Compensation 120 + Aid 20) - Acquisition value 150 = Capital loss 10
In the IRPF 2024 a loss of 10 can be integrated.
Example 2:
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Value of the property at the time of the accident = 175
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Purchase value of the property = 150
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Consortium Compensation = 120
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Aids = 35
(Consortium Compensation 120 + Aid 35) - Acquisition value 150 = Capital gain 5 excluded from taxation as it is less than the amount of the aid, including the Consortium compensation.
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The aid received for the repair of the damage suffered , including as aid for Income Tax purposes the compensation paid through the Insurance Compensation Consortium, will only be integrated as capital gain in the IRPF declaration to the extent that they exceed the cost of the repair . Repair costs, up to the amount of this aid plus compensation, are not considered deductible expenses in any case, nor can they be computed as an improvement for the purposes of amortization value or future transfers. (Additional Provision 5 section 3.pf 1 of the LIRPF )
Public aid received to compensate for the temporary or permanent eviction due to flooding of the habitual residence of the taxpayer or the premises in which the owner of the economic activity carried out the same are exempt from personal income tax .
Yes. Extraordinary amounts paid by employers to their employees and or family members that are intended to cover personal injury and material damage to housing, belongings and vehicles suffered by their employees and/or family members as a result of the that occurred in 2024 are exempt Personal Income Tax ##2#### .
For the application of this exemption:
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Extraordinary amounts are those that are additional to the salary received by employees.
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The status of being affected by the DANA and the amount of the damages must be accredited by means of a certificate from the insurance company (or from a Public Body, if there is no insurance).
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Amounts must be paid between October 29, 2024 and December 31, 2024.
Amounts received by workers that exceed the amount of damages certified by the insurance company will be included in the tax base.
When the requirements indicated in the previous FAQ are met, if the donation is made by the employer directly to the employees, these amounts are exempt from IRPF .
However, if it is considered that the company's action is merely advisory on who should receive the aid, but the consent of the donating worker is required, it would be a donation from this worker to the worker receiving the aid, being subject to the Inheritance Tax on Donations for the concept of donation and not subject to Personal Income Tax .
These grants are subject to the Inheritance Tax on Donations for the concept of donation and not subject to Personal Income Tax.
Aid paid by persons other than the employer of the affected person, or not included among the non-profit entities regulated by Law 49/2002 (fallas, neighborhood associations, etc.), are subject to the Tax on Inheritance of Donations for the concept of donation and not subject to Personal Income Tax .
The perception of other aid not subject to the Inheritance and Gift Tax will determine its subjection to the Personal Income Tax , whose taxation, in the absence of the application of a specific exemption, will generally be carried out qualifying it as a capital gain to be integrated into the general tax base of the Tax.
donations made in favor of entities that benefit from patronage (under the terms of 49/2002), legally recognized foundations that are accountable to the corresponding protectorate body or associations declared to be of public utility will be eligible to apply the deduction for donations provided for in article 68.3 of the LIRPF ,
The rest of the collections of money or goods made by persons, groups of persons or entities for their subsequent delivery to one of the entities referred to in the previous paragraph, will also give the right to the deduction provided for in article 68.3 of the LIRPF when they act as mere intermediaries for donations . They will not generate the right to apply the deduction when the donated amounts become their property, in which case it would be understood that the person or entity that makes the collection is the one making the donation.
Exceptionally and exclusively during the period between November 13, 2024 and May 12, 2025 , participants in pension plans, insured pension plans, company social pension plans and social pension mutual funds may dispose of their economic rights in advance for the following reasons :
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When they are of agricultural, forestry or livestock farms, commercial, industrial and service establishments, workplaces and similar, located in the municipalities included in the Annex of Royal Decree-Law 6/2024 and that have suffered damage as a direct consequence of the DANA;
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When they are self- workers are forced to suspend or cease their activity as a direct consequence of the DANA, due to accidents that occur in the aforementioned municipalities;
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In the case of self-employed workers affected by ERTE based on article 47.5 of the TR of the Workers' Statute Law, of companies with their business domicile in the aforementioned municipalities;
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In the event of loss of the habitual residence or damage to it when it has occurred as a direct consequence of the DANA and the residence is located in the aforementioned municipalities.
The maximum limit of disposition per participant, insured or mutualist, for the set of pension plans, insured pension plans, company social pension plans and social pension mutual societies of which he/she is the holder, and for all the situations indicated, will be 10,800 euros . (Article 51 of RD law 7/2024)
According to European regulations, the import of goods that meet the following requirements will not be subject to taxation on the part of customs debt and will be exempt from VAT :
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That they are essential goods (essential goods are: those essential to satisfy people's immediate needs, such as food, medicine, blankets and clothing).
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That the importer is one of the following entities:
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state agency or
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philanthropic or charitable organizations recognized by the competent authorities.
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And that the goods are not for sale, but for free distribution to people in need.
To declare these imports, heading 9919000050 may be used provided that the goods have complied with all applicable prohibition and restriction regulations.
No. European regulations restrict this benefit only to essential goods (essential goods are: those essential to satisfy people's immediate needs, such as food, medicine, blankets and clothing).