New regulations for 2023

Main tax changes introduced by Law 6/2023, of March 17, on Securities Markets and Investment Services

de los Mercados de Valores y de los Servicios de Inversión.(BOE, 18-marzo-2023)

PERSONAL INCOME TAX (IRPF)

The following modification is introduced in Law 35/2006, of November 28, on the Personal Income Tax (LIRPF):

Extension of the maternity deduction 2020, 2021 and 2022

A new point 4 is added to the thirty-eighth Additional Provision by the fifth Final Provision of Law 6/2023:

With this new section, women who, as of January 1, 2020, have become in any of the situations listed below, will also generate the right to the Maternity Deduction and the increase in childcare expenses for every month. from 2020, 2021 and 2022:

1. Self-employed workers who become legally unemployed due to:

   • Having your employment contract suspended. This situation occurs in the following cases: ERTE with total suspension and victims of gender violence.

   • Being in a period of productive inactivity for permanent-discontinuous workers.

2. Self-employed workers who begin to receive the benefit for cessation of activity as a result of the suspension of the economic activity carried out (PECATA)

The application of this extension of the deduction for these three years (2020, 2021 and 2022) will be carried out separately in the 2022 Income Tax return.

However, in those cases in which taxpayers had applied in the 2020 and 2021 declarations, the amount corresponding to the months in which these new causes occurred and had not yet been subject to regularization by the AEAT , these declarations will remain unchanged and these amounts will not be applied to the 2022 Income Tax return.

The maternity deduction and the increase for daycare expenses for each of these years may not exceed €1,200 and €1,000 respectively per child.