Law 46/2002, of December 18, of partial reform of the Income Tax of the Physical Persons and amending the Laws of Taxes on Societies and on the Income of Non-Residents (" Official Journal of the State " of the 19), has added, through its article forty-eighth, a new paragraph 4 to the additional provision fourteenth of the Law 40/1998, of December 9, of the Tax on the Income of the Physical Persons and other Tax Rules ("Official State Gazette" of 10). According to the new paragraph, the banks, savings banks, credit unions and any natural or legal persons are engaged in the banking or credit traffic, they are obliged, under the conditions that they regulate to establish, to to provide the tax administration with the identification of all accounts opened in or placed by such entities at the disposal of third parties, regardless of the modality or denomination they adopt, even if they do not has proceeded to the practice of withholding or income on account. This provision shall include the identification of the holders, authorised or any beneficiary of such accounts.

The regulatory development of this precept has been carried out by Royal Decree 252/2003 of 28 February amending the Companies Tax Regulation approved by Royal Decree 537/1997 of 14 April, as well as the Royal Decree 2281/1998 of 23 October 1998 implementing the provisions applicable to certain obligations for the provision of information to the tax authorities (Official Gazette of the State of 13 March). Royal Decree 252/2003 has added to Royal Decree 2281/1998 a new Chapter IV, 'Obligation to report on certain accounts in credit institutions', in which the legal obligation of information to which it has been made is developed. reference in the preceding paragraph, establishing the obligation to declare all accounts, even if there has been no remuneration, withholding or income, the ownership of which corresponds to taxpayers of the Income Tax of Persons Natural persons, taxable persons of the Tax on Companies or Taxpayers of the Income Tax Non-residents with permanent establishment. In this same chapter the Minister of Finance is enabled to determine the time, place and model of agreement with which the declaration containing the information we are referring, and to establish the assumptions, must be presented. which will be required to be presented in directly readable form on a computer-readable basis.

In application of these ratings, it has been understood that the objective scope of the model 196 has been extended, " Annual summary of withholding and income from income or income from capital acquired for consideration derived from accounts in all types of financial institutions, including those based on transactions in financial assets, " in such a way as to declare, in addition to the information relating to deductions and income (a) the identification of all accounts which have not originated performance or retention or income on account.

This extension of the scope of model 196 does not affect the rules regarding the place and time of filing of the same, which are maintained in the current terms up to this moment.

The approval of the model 196, and of the physical and logical designs for its presentation by support directly readable by computer, was carried out by Order of 26 November 1999 ("Official State Gazette" of the 30), having was subsequently amended by Order of 18 December 2000 ("Official State Gazette" of 21) and by Order HAC/2752/2002 of 29 October ("Official State Gazette" of 7 November 2000). The extension of the objective scope of the model 196, which is now being carried out, does not imply modification of the model itself, nor of the physical and logical designs for its presentation by directly readable support by computer, as this design allows, in their current terms, the inclusion of accounts that did not yield performance or retention or income to account. The Order which is now approved makes certain clarifications regarding the information to be included in the model, and particularly in the type 2 register (recipient's register), in order to fully adapt it to the obligation to supply information to which we are referring to.

Moreover, and in addition to all of the above, the extension of the content of the model 196 does not imply any modification in respect of the obligation contained in Royal Decree 2281/1998 to supply the Administration information on the identity of persons authorised in bank accounts. This obligation will continue to be fulfilled through the presentation of the model of the current annual declaration, model 191, and in the terms foreseen today.

Law 46/2002, of December 18, has also amended, through its article fortieth, the wording of Article 77 of the Law on the Income Tax of the Physical Persons, in which the taxation of the partners or members of the collective investment institutions.

According to the new wording of this precept, certain cases are established in which it is not necessary to compute in the tax base of the Income Tax of the Physical Persons the profit or loss patrimonial generated as a result of the repayment or transfer of shares or shares in collective investment institutions, provided that the amount obtained in this refund or transmission is intended, in accordance with the procedure laid down, to the acquisition or subscription of other shares or units in collective investment institutions.

Given the tax relevance of this new assumption of non-income integration, it is necessary to articulate the mechanisms for the tax administration to receive sufficient information regarding this type of reimbursement or transmission. To this end, it is necessary to amend the instructions for completing the model 187, "Annual information statement on acquisitions and acquisitions of shares and units in collective investment institutions", approved by Order of 15 December 1999 ("Official State Gazette" of 23) and subsequently amended by Order of 22 November 2000 ("Official State Gazette" of 1 December 2000), which is added to the design of the register of operation specific to the operations for the repayment or transfer of shares and units in collective investment institutions in which, in the light of the circumstances provided for in Article 77, which has been mentioned above, the profit or loss generated by the transaction is not to be computed.

Novelty of Law 46/2002, of December 18, is also the creation of the figure of the insured pension plans, whose tax regime is equated to that of the plans of individual pensions provided that they comply with a series of requirements which, in essence, coincide with those required for pension schemes.

This equalization of individual pension schemes extends also in respect of contributions made in favour of persons with a degree of disability equal to or greater than 65 per 100, in accordance with the provisions of the paragraph 6 of the additional provision seventeenth, in the wording given to it by Article 50 (1) of Law 46/2002.

In addition, Law 46/2002 has added, by its 40th article, a new paragraph 3 to the additional fourteenth provision of the Law on the Income Tax of the Physical Persons, making it possible to (a) a regulatory framework for the provision of information to insurance institutions in respect of insured pension schemes which they place on the market.

This possibility has been made effective by the Royal Decree 27/2003 of 10 January ("Official State Gazette" of 11), amending the Rules of the Tax on the Income of the Physical Persons, approved by the Royal Decree 214/1999 of 5 February. Article 20 (2) of the aforementioned Royal Decree 27/2003 has given new wording to Article 66 (5) of the Income Tax Regulation of the Physical Persons, establishing

for insurance companies that market insured forecast plans the obligation to submit, on an annual basis, an information statement, in which they must record the identifying data of the policyholders. the plans and the amount of the premiums for which they are satisfied. This annual declaration shall be submitted in the first 30 calendar days of the month of January of the immediate year following that to which it relates, except in the case where the declaration is made directly on a computer-readable medium, in the deadline for submission shall be 20 February of the following immediate year.

In relation to this annual declaration, Article 66 (8) of the Tax Regulation on the Income of Physical Persons, added by Royal Decree 27/2003 of 10 January, enables the Minister of Finance to establish the form and place of its presentation, and the conditions under which it may be presented in support directly readable by computer or by means of telematic means.

In the exercise of these ratings, it has been understood as more appropriate to amend the Order of 22 December 1999 approving the model 345 annual declaration to be submitted by the managing entities of the pension schemes, pension scheme promoters, institutions receiving alternative schemes to cover benefits similar to those in pension schemes and social welfare insurance schemes, as well as the physical and logical designs for the pension scheme. Replacement of internal sheets by means directly readable by computer (" Bulletin The Order of 27 July 2001, which approved the models 043, 044, 045, 181, 182, 190, 311, 371, 345, 480, 650, 652 and 651, in euro, as well as the 777 model, entry document or repayment in the case of extemporal and complementary claims-settlements, and establishes the obligation to use the models in euro as of 1 January 2002 ('Official State Gazette ' of 3 August), in such a way that the the scope of the model 345 also extends to the declaration by the insurance institutions of the information on insured pension schemes which they place on the market, in accordance with the terms laid down in Article 66 (5) of the Income Tax Regulation.

To this end, through this Order it is included among the subjects required to present the model of declaration 345 to the insurance entities that commercialize the plans of provident insured, and are added to the model and specific key physical and logical designs relating to contributions to such plans.

At the same time the model's own denomination is modified, adding to it a mention of the insured forecast plans.

For the rest, no changes are made to the location, form and time of presentation of the 345 model, which continue to be governed by the current provisions.

In addition to all of the above, the obligation to introduce in the annual envelope of the declarations-summary of models 196 and 187, as well as of model 188, "Annual summary of withholding and revenue to be added to this Order" is deleted. In relation to the income or income from capital of furniture from capital operations and life or invalidity insurance contracts, the copies for the annual envelope of the self-distribution models 126, 117 and 128, respectively, corresponding to the financial year declared.

This deletion, which had already been done previously in the remaining annual summary statements, is implemented through the elimination, in the respective regulatory orders of the models 196, 187 and 188, of the Clauses laying down the obligation to introduce such copies into the annual envelope.

As a result of all of the above, and making use of the authorizations I have granted, I have:

First.-Amendment of the Order of 26 November 1999, approving the models 126, in pesetas and in euros, of declaration-entry document, and the models 196, in pesetas and in euros, of the annual summary of deductions and income on account of the Income Tax of the Physical Persons, the Corporate Tax and the Income Tax of non-residents corresponding to permanent establishments, in relation to the income or income of the capital furnished by the consideration derived from accounts in all kinds of institutions financial, including those based on operations on financial assets, as well as physical and logical designs for the compulsory filing of these models 196 by directly readable support by computer ("Official State Gazette") of 30).

One. For the purposes of amending the name of the model 196 referred to in this paragraph, new wording is given to sub-paragraph 1 of the fifth paragraph of the Order of 26 November 1999, as amended by the orders of 18 December 1999. 2000 ("Official State Gazette" of 21) and HAC/2752/2002 of 29 October ("Official State Gazette" of 7 November). This sub-paragraph shall be worded as follows:

" One. The model 196 in euros " Tax on the Income of the Physical Persons, Tax on Societies and Tax on the Income of non-residents (permanent establishments) is approved. Annual summary of retentions and income on account of capital income and income earned from consideration derived from accounts in all financial institutions, including those based on asset transactions financial, and annual information statement of certain accounts in credit institutions ", which is set out in Annex IV to this Order, as well as the physical and logical designs for its mandatory presentation in support directly readable by Computer, as set out in Annex V. This model of annual declaration is composed of the following: documents:

a. Summary sheet, comprising two copies, one for the Administration and one for the person concerned.

b. On a yearly basis. '

Two. A point Six is added to the fifth paragraph of the abovementioned order of 26 November 1999, which was adopted in the form of the model 196, in its wording given by the orders of 18 December 2000 ('Official State Gazette ' of 21) and HAC/2752/2002 of 29 September 2000. October ("Official State Gazette"), with the following wording:

" Six. Banks, savings banks, credit unions and all natural or legal persons are engaged in the banking or credit traffic, in accordance with current regulations, they will be obliged to declare in the model 196 all those open accounts in such entities the ownership of which corresponds to taxpayers of the Income Tax of the Physical Persons, taxable persons of the Tax on Companies or taxpayers of the Income Tax of non-residents with establishment permanent, even if there is no remuneration, withholding or income. The information or communication in these cases shall include the prior identification of the account and of the persons or entities holding or receiving the account.

The information referred to in the preceding paragraph shall be provided in accordance with the rules on completion of the model 196 provided for in this Order, taking into account that the references to "the recipient" shall be understood made to the holder or beneficiary of the account, in the case of accounts in which no remuneration, retention or income has been provided. '

Three. The sixth paragraph, "Deadline for presentation of models 196, in pesetas or in euro, in direct computer readable support", of the Order of 26 November 1999, as amended by the Orders of 18 December 2000 and HAC/2752/2002, of 29 October, it is worded as follows:

" Sixth. Time limit for the presentation of the model 196 in direct computer-readable support.

The presentation of the model 196 in directly readable computer support, previously validated in accordance with the number four of the previous paragraph of this Order, as well as the documentation of be accompanied, shall be made in the period from 1 January to 31 January of the following year to which the declaration relates.

The provisions of the preceding paragraph shall also apply in relation to information on accounts where there has been no remuneration, withholding or income in the year to which the declaration relates. "

Four. Point 3 of Subparagraph One of the Eighth paragraph 'Identification of the directly readable media by computer of models 196, in pesetas and in euro, and form of presentation thereof', of the Order of 26 November 1999, is deleted. referred to in this first paragraph.

Five. An addendum is added to Annex V of the Order of 26 November 1999, as amended by the Order of 18 December 2000 and by Order HAC/2752/2002 of 29 October 2002, with the following wording:

" Addendum:

-In the case of accounts that do not give rise to remuneration, retention or entry into account, in the fields "N.I.F. of the recipient", "N.I.F. of the legal representative "and" Surname and name, social reason or denomination of the recipient " shall record the Tax Identification Number of the holder or beneficiary of the account being declared and, where applicable, that of its legal representative, and the names and names, social reasons or names of the holder or beneficiary.

-In these same cases, in the fields relating to "Cash Flows", "Reductions", "Retention Base", "Retention", "Remuneration In Kind", "Reductions", "Base of Income to Account" and "Income to Account" shall be entered, in both the integer and the decimal part, zeros.

-When a number of the holders or beneficiaries of an account has not generated any income or withholding and income on account, the information referred to in this paragraph shall be made individually for each of them, for which the number of holders or beneficiaries of the account shall be entered in the field "Number of members". The individualization shall be performed according to the proportion of participation of each of the co-owners or codenicaries of the same account, which must be recorded in the field "Percentage of participation". "

Second.-Amendment of the Order of 15 December 1999, for which model 187 was approved, Information statement of shares or shares representing the capital or assets of investment institutions collective and annual summary of withholding and income on account of the Income Tax of the Physical Persons, the Tax on Societies and the Income Tax of non-residents, in relation to the income or property gains obtained as a result of transfers or repayments of such shares or shares (" Bulletin Officer of the State " of 23).

One. New wording is given to the instructions for completion of the "Type of operation" field of the type 2 register (operation register) set out in Annex III of the Order of 15 December 1999, for which the model 187 was approved, information on shares or shares representing the capital or assets of the institutions for collective investment and the annual summary of deductions and income on account of the income tax of the physical persons, tax on Companies and Income Tax of non-residents, in relation to income or income assets obtained as a result of the transmissions or repayments of those shares or shares, and the physical and logical designs for their compulsory presentation by directly readable form of support, in the wording given to the by the Order of 22 November 2000.

These instructions for the "Operation Type" field are worded as follows:

(VIEW IMAGE, PAGE 38390)

Positions Nature Description of field 104 Alphabetical type of operation The type of operation shall be recorded according to the following values:

"A" Acquisitions, except those in which the B key is to be entered.

"B" Procurement of shares or units that are reinvestment of amounts previously obtained in the transmission or redemption of other shares or units in collective investment institutions, and where there is no (a) the income or loss of assets obtained, as provided for in the second subparagraph of Article 77 (1) (a) of the Income Tax Act.

"E" Enajenations (transmissions or reimbursements), except those in which the F. key is to be entered

"F" (transmissions or reimbursements) in which, pursuant to the second subparagraph of Article 77 (1) (a) of the Law on the Income Tax of the Physical Persons, does not apply compute the generated wealth gain or loss.

Two. Paragraph 4, point 3, point 3, 'Identification of the directly readable media by computer of models 187, in pesetas and in euro, and form of presentation thereof', of the Order of 15 December 1999, is deleted. referred to in paragraph 2.

Third.-Amendment of the Order of 22 December 1999 approving the model 345 annual declaration to be submitted by the pension fund management entities, the promoters of pension schemes, the entities covered by alternative systems for the coverage of benefits similar to those of pension schemes and social security schemes, as well as the physical and logical conditions and designs for the replacement of the internal sheets by computer directly readable by computer ("Official State Gazette" of 29), and by the Order of 27 July 2001, approving models 043, 044, 045, 181, 182, 190, 311, 371, 345, 480, 650, 652 and 651, in euro, as well as the model 777, entry or return document in the case of extemporal settlements and In addition, it is necessary to provide for the obligation to use the models in euro as of 1 January 2002 (Official State Gazette of 3 August 2002).

One. Model 345, " Plans, Pension Funds, Alternative Systems and Social Welfare Mutuals.

Annual Declaration ", approved by the first section of the Order of 22 December 1999, is renamed" Plans, Pension Funds, Alternative Systems, Social Welfare Mutual Funds and Insurance Plans. Annual declaration ".

Two. 1. The third paragraph of the Order of 22 December 1999 approving the model 345, 'Required to present model 345', is hereby amended as follows:

" This annual declaration shall be submitted by the persons or entities referred to in Articles 60, 62 and 72 and the additional provision of the Pension Plans and Funds Regulation, approved by Royal Decree 1307/1988 of 30 June 1988. December, in the wording given by Royal Decree 2281/1998 of 23 October 1998, and Article 66 (5) of the Rules of Procedure of the Tax on the Income of Physical Persons, adopted by Royal Decree 214/1999 of 5 February 1998, in the In the light of the fact that the Commission has not yet taken the view that the Commission's Tax on the Income of the Physical Persons. ' 2. A new indent is added to the third paragraph of the Order of 22 December 1999 approving the model 345, with the following wording:

"-Insurance companies that market the insured forecast plans referred to in Article 48.3 of Law 40/1998 of 9 December of the Income Tax of the Physical Persons and other tax rules, which shall include an individual relationship of policyholders who have satisfied premiums for insured forecast plans, as well as the amount of such premiums satisfied. '

Three. The heading 'Keys and subkeys for the completion of model 345' of the Instructions for the completion of the model 345 set out in Annex XII to the Order of 27 July 2001 approving the models 043, 044, is amended. 045, 181, 182, 190, 311, 371, 345, 480, 650, 652 and 651, in euros, adding a new key with the following text:

" Forecast plans secured.

Key H. Prims satisfied with insured forecast plans.

The amount of premiums paid by the policyholders of insured pension schemes as referred to in Article 48.3 of the Income Tax Act of the Physical Persons shall be entered.

The premiums paid to insured pension schemes which are in favour of persons with a degree of disability equal to or greater than 65% or with declared incapacity must be entered in separate registers. judicially. It should be recalled that, in these cases, the beneficiary's N.I.F. must be entered in a mandatory manner. The payer of the premium may be the disabled person himself, a relative in direct or collateral line up to and including the third degree, as well as the spouse or those who have them in his or her capacity as a guardianship or a host. The disabled person must have been designated in a unique and irrevocable way as a beneficiary. In the case where the premium payer is a person other than the disabled person, the premium shall be paid by means of an independent registration, with the key 'H', as well as the beneficiary's NIF, being entered. '

Four. The wording of the instructions for completion of the 'Key' field of type 2 registration (declared record) approved in Annex XIII of the Order of 27 July 2001, approving the models 043, 044, 045, 181, 182, is amended. 190, 311, 371, 345, 480, 650, 652 and 651, in euros, adding a new key "H", with the following specifications:

(VIEW IMAGE, PAGE 38391)

Positions Nature Description of the field

82 Key Alphabetic

INSURED FORECAST PLANS

Premiums satisfied to insured forecast plans. The amount of premiums paid by the policyholders of the insured pension plans referred to in Article 48.3 of the Income Tax Act of the Physical Persons shall be entered.

The premiums paid to insured pension schemes which are in favour of persons with a degree of disability equal to or greater than 65% or with declared incapacity must be entered in separate registers. judicially. It should be recalled that, in these cases, the beneficiary's NIF should be entered in a mandatory manner. The payer of the premium may be the disabled person himself, a relative in direct or collateral line up to and including the third degree, as well as the spouse or those who have them in his or her capacity as a guardianship or a host. The disabled person must have been designated in a unique and irrevocable way as a beneficiary. In the case where the premium payer is a person other than the disabled person, the payment of the premium shall be entered by an independent register, with the key 'H', as well as the NIF of the beneficiary.

Fourth.-Amendment of the Order of 17 November 1999 approving the models 128, in pesetas and in euro, of declaration-income document and models 188, in pesetas and in euros, of the annual summary of retentions and income on account of the Income Tax of the Physical Persons, the Corporate Tax, the Income Tax of non-residents corresponding to permanent establishments, in relation to the income or income of the capital (a) furniture from capitalisation operations and from life insurance or invalidity contracts; as well as the physical and logical designs for the replacement of the inner sheets of the aforementioned models 188 by directly readable support by computer ("Official State Gazette" of 20).

The following provisions are deleted:

-Subparagraph 1 (c) of the Eighth paragraph, "Place and form of presentation of models 188 in pesetas or in euro printed paper", of the Order of 17 November 1999, which approved the model declaration 188, " Summary annual withholding tax and income on account in relation to income or income from capital of furniture from capital and life insurance contracts. "

-The last paragraph of paragraph Two of the Eighth paragraph mentioned in the preceding paragraph.

-Point 3 of Subparagraph One of the 10th paragraph, "Identification of media directly readable by computer of models 188 in pesetas or in euro, and form of presentation thereof", of the aforementioned Order of 17 of November 1999.

Single end disposition. Entry into force.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State and shall apply for the first time to the declarations to be submitted as of 1 January 2004 concerning information on the financial year 2003.

What I communicate to VV.II. for your knowledge and effects.

Madrid, 21 October 2003.

MONTORO ROMERO

Ilmo. Mr. Director-General of the State Agency for Tax Administration and Ilmo. Mr. Director General of Tribute.