New regulations for 2024

Main new features Law 7/2024, of December 20, establishing a complementary tax to guarantee a minimum global level of taxation for multinational groups and large national groups, a tax on the interest and commission margin of certain financial institutions and a tax on liquids for electronic cigarettes and other tobacco-related products, and amending other tax rules

PERSONAL INCOME TAX

• Donations to workers affected by the DANA by companies

The third Additional Provision of Law 7/2024 establishes that are exempt from Personal Income Tax the amounts paid on an extraordinary basis by employers to their employees and/or family members that are intended to cover ## personal injuries and material damages to housing, belongings and vehicles suffered by their employees and/or family members on the occasion of the DANA that occurred in 2024.

For the application of this exemption:

• Extraordinary amounts are those that are additional to the salary received by employees.
• 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).
• 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.

• Savings tax rate

With effect from January 1, 2025 , the Seventh Final Provision of Law 7/2024 modifies the scale applied to the part of the taxable base of savings to determine the full state quota.

The new scale applicable to the taxable base of savings is the following:

Likewise, the scale applicable to the taxable base of savings to determine the full regional quota is also modified in the same terms indicated.

The scale applied to the savings portion of the taxable base to determine the full state rate is also modified in the case of those taxpayers who have their habitual residence abroad due to any of the circumstances indicated in articles 8.2 and 10.1 of the LIRPF.

Thus, in this case, the scale applicable to the taxable base of savings will be the following:

(Articles 66 and 76 of the LIRPF are modified by the Seventh Final Provision of Law 7/2024)

• Exceptionally obtained returns from artistic activities

With effect from January 1, 2025 , the Seventh Final Provision of Law 7/2024 adds a new Sixtieth Additional Provision to the LIRPF that establishes a reduction applicable to income from artistic activities obtained in an exceptional manner.

Earned income

It will apply to the gross income from work obtained in the tax period to which the reduction provided for in article 18.2 of the LIRPF does not apply, derived from:

• Preparation of literary, artistic or scientific works referred to in article 17.2.d) of the LIRPF.
• The special employment relationship of artists who carry out their activity in the performing, audiovisual and musical arts, as well as of people who carry out technical or auxiliary activities necessary for the development of their activity.

In the event that exceeds 130 percent of the average amount of imputed income in the three previous tax periods , the aforementioned excess will be reduced by 30 percent .

The amount to which this reduction will be applied may not exceed 150,000 euros per year .

Earnings from economic activities

It will apply to the net income from economic activities obtained in the tax period to which the reduction provided for in article 32.1 of the LIRPF is not applicable, derived from:

• Activities included in groups 851, 852, 853, 861, 862, 864 and 869 of the second section and in groups 01, 02, 03 and 05 of the third section of the Rates of the Tax on Economic Activities.
• The provision of professional services which, by their nature, if carried out on behalf of another, would be included in the scope of the special employment relationship of artists who carry out their activity in the performing, audiovisual and musical arts, as well as of persons who carry out technical or auxiliary activities necessary for the development of said activity.

In the event that exceeds 130 percent of the average amount of the net income imputed in the three previous tax periods , the aforementioned excess will be reduced by 30 percent .

To calculate the net income from economic activities for the three previous tax periods:

• Deductible expenses that are common to other income from economic activities will be prorated proportionally based on the amount of the different gross income from economic activities computed in said fiscal years.
• If the net return in any of the three previous years was negative, it will be computed as 0 for the purposes of calculating said average.

The amount to which this reduction will be applied may not exceed 150,000 euros per year .

This reduction will be applicable after the reductions provided for in sections 2 and 3 of article 32 LIRPF.

(An Additional Provision number six is added to the LIRPF by the Final Provision number seven of Law 7/2024)

• Procedure to be followed by the State Tax Administration Agency to determine the origin and, where appropriate, carry out the refunds derived from the jurisprudence established by the Supreme Court in relation to DT 2 of the LIRPF

The Sixteenth Final Provision of Law 7/2024 establishes the way to request refunds derived from the application of DT 2 of the LIPRF , according to the jurisprudence established by the Supreme Court, in relation to the tax periods 2019 to 2022 .

The State Tax Administration Agency will analyze the suitability of the procedures for the initiation of which it has received express consent through the power of attorney form that it makes available to taxpayers for this purpose on its Electronic Office, within the regulatory period for the declaration of Personal Income Tax, in the manner established in the Order approving the corresponding declaration model for said Tax.

The aforementioned powers of attorney and consent by the taxpayer will be presented, provided and carried out based on the seniority of the tax period to which they correspond, at the rate of one tax period for each calendar year beginning in 2025.

For these purposes, refunds for the 2019 tax period and previous tax periods that have not expired will be payable from 1 January 2025.

The State Tax Administration Agency will not accept any other self-assessment or, where appropriate, request for self-assessment submitted by taxpayers with the aim of obtaining these refunds, when they do not comply with the provisions of the same.

This provision renders void any powers of attorney issued prior to its effective date, as well as any actions by the State Tax Administration Agency carried out on the basis of such powers, provided that the corresponding refunds are pending payment. Likewise, any ongoing procedures for rectification of self-assessment, or for refunds initiated by means of self-assessment, the refund of which had not been agreed upon at the date of entry into force, will be void.

The provisions of the preceding paragraph shall be understood without prejudice to any effects interrupting prescription that may have occurred.

por la que se establecen un impuesto complementario para garantizar un nivel mínimo global de imposición para los grupos multinacionales y los grupos nacionales de gran magnitud, un impuesto sobre el margen de intereses y comisiones de determinadas entidades financieras y un impuesto sobre los líquidos para cigarrillos electrónicos y otros productos relacionados con el tabaco, y se modifican otras normas tributarias.(BOE, 21-diciembre-2024)