The Ministry of Finance has published this Monday the detail of the new models 345 and 187, designed after the recent reforms of Law 35/2006 of the Income Tax on Individuals and after the partial modifications of the laws of the Taxes on Companies, on the Income of Non-Residents and on the Equity. The objective of these changes was to set new reduction limits in the tax base of contributions and contributions to social security systems. For this reason, the Government has published order HFP/823/2022, of August 24, which regulates the two new models.
As explained by the department headed by María Jesús Montero in a document published by the Tax Agency, the regulatory reform makes it necessary to modify the channels through which the Tax Administration receives the necessary data from taxpayers, so that the information that is made available to those affected is adapted to these new limits.
It should be remembered that the Executive reduces the general reduction limit applicable to the tax base for contributions and contributions to social security systems, although this limit may be increased by means of worker contributions to the same social security instrument. Specifically, according to the ministry, “this modification consists of reducing the general reduction limit applicable to the tax base for contributions and contributions to social security systems, although it is expected that said limit may be increased not only by carrying out business contributions, as is already the case, but also through worker contributions to the same social welfare instrument. Likewise, the amount of the increase in this limit is raised”.
For all of the above, the Treasury continues, it is considered convenient to approve a new model “with the purpose of adapting model 345 to the aforementioned regulatory modifications and in order to facilitate compliance with the information obligations inherent in its presentation and to guarantee legal certainty. “.
Among other details, the ministry emphasizes, the aforementioned model will be available exclusively in electronic format and its presentation will be made electronically. At the same time, all the information on participants, contributions and contributions to plans, pension funds and alternative systems, mutual insurance companies, insured pension plans, individual systematic savings plans, corporate social security plans must be declared. and dependency insurance.
The submission period will be between January 1 and 31 of each fiscal year, always in relation to the information and operations that correspond to the immediately preceding calendar year.
In parallel, the Treasury order modifies model 187 of the informative declaration on shares and participations representing the capital or assets of collective investment institutions and annual summary of withholdings and income on account of IRPF, Companies and income tax of the non-residents. In this case, always in relation to income or capital gains obtained as a result of transmissions or reimbursements.
Specifically, the rule sets new requirements for variable capital investment companies (SICAV) to apply the 1% tax rate. This modification is accompanied by a transitory regime for those entities that agree to their dissolution and liquidation, which is intended to allow their partners to transfer their investment to other collective investment institutions that meet the requirements to maintain the Company tax rate.
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