Key Benefits:
The impossibility of submitting to the General Courts the Draft Law approving the General Budget of the State for 1990, due to the dissolution of those due to the call for elections On 29 October of this year, it has brought about the fact that the 1990 Budget Law cannot be published in the 'Official State Gazette' before 31 December, thereby determining the application of the Forecast contained in Articles 134.4 of the Spanish Constitution and 56 of the recast of the Law General budget, for the extension of the general budget of the State for 1989 during the 1990 financial year and until publication in the "Official State Gazette" of the Law approving the budgets for that financial year.
The extension situation concerns the appropriations contained in the expenditure statements of the 1989 budgets, with reference to the initial amount for which those appropriations were approved by Law 37/1988 of 28 December 1988. General budget of the State for 1989, with the exception of appropriations for expenditure relating to services or programmes which have ended during the 1989 financial year, which are not extended as follows from Article 56.2 of the recast the General Budget Law.
On the other hand, it must be understood that the rules on the authorisation of expenditure and the provision of revenue for the particular financial year, which is contained in Law 37/1988, should be considered as extended together with the Budgets to which they relate.
In this situation, we observe the need for certain rules, without indefinite validity and not to be automatically extended by application of the constitutional provision, to maintain their effectiveness from 1 January 1990. The impossibility of dealing with a Draft Law that regulates these issues as a result of the short period of time between the Constitution of the Courts and the end of the exercise force the use of the mechanism of the Decree-Law, In the present case, the demand for a situation of extraordinary and urgent need provided for by Article 86 of the Spanish Constitution.
As far as the actual content of the Royal Decree-Law is concerned, we can highlight the following aspects: In the field of public sector and public pension remuneration, an increase in the amount of public sector and public pension benefits is necessary. Since it does not seem appropriate to delay their increases until the 1990 Budget Law, to the extent that for a large sector of the population their main source of income depends on such remuneration and pensions.
As far as financial operations are concerned, it is necessary to arbitrate the relevant authorisations to issue Public Debt in such a way as to guarantee the financing of the carry-over appropriations, as well as to provide Treasury guarantees for the development of the financial management of the Entes which are to be enjoyed for reasons of public interest.
In tax matters, it has been necessary to extend the application of the first and second chapters of Law 20/1989 of 28 July 1990, which adapted the rules of the Income Tax and the Extraordinary Tax on The Heritage to the doctrine of the judgment of the Constitutional Court of February 20 of this year. In addition, the provisions that annually adjust the individual framework of the various taxes to the social and economic circumstances that are concurrent with the fiscal policy have been included in the Royal Decree-Law. The nominal update of the tax on natural persons, measures of tax protection for persons with disabilities and the abolition of the deduction for investment in the second dwelling constitute the most notable aspects of this set of provisions.
In the financing of the territorial entities and the Interterritorial Compensation Fund, the same system enshrined in the law will be maintained in the light of what is definitively approved for the 1990 financial year. 37/1988.
Finally, the entry into force of the Law on the partial reform and adaptation of trade legislation to the European Economic Community Directives on Societies implies the necessary adjustment since 1 January 1990. of the regulations on Tax Regime of Business Mergers.
In its virtue, in use of the authorization contained in Article 86 of the Constitution, after deliberation of the Council of Ministers at its meeting of the day of December 29, 1989,
D I S P O N G O:
TITLE FIRST
From budget management
Article 1. Management of Expenditure and Teaching Budgets.
The provisions of Articles 10, 14 and 16 of Law 37/1988 of 28 December 1989 on the General Budget of the State for 1989 are extended, with the figures contained in Annex VII of that Law increasing by 5 per 100.
Art. 2. Treasury Operations in relation to the European Communities.
The Minister for Economic Affairs and Finance is hereby authorised to carry out the operations of Treasury which require financial relations with the European Communities.
In the above frame, they are included, in any case:
1. Product purchases, as well as grants and other market interventions funded by the European Agricultural Guidance and Guarantee Fund.
Treasury advances in favor or on behalf of the EEC will be canceled with the reintegrals made by it.
2. Funds from the European Social Fund to co-finance projects of the National Employment Institute. These funds will be applied to the INEM Revenue Budget, and will cancel, through the appropriate Treasury operations, advances made in favour of INEM to cover the stages of the Treasury.
3. The provision of the State, autonomous bodies and State-owned public undertakings of the funds coming from the EEC to the State, other than the State, to be made available to them.
Such a provision will be made as the above funds are received.
Of the Treasury operations carried out pursuant to the provisions of the preceding numbers 1 and 2 shall be reported quarterly to the Congressional and Senate Budget Committees.
TITLE II
From Active Personnel Expenses
Art. 3. The expense of active personnel.
One. From 1 January 1990, the remuneration of staff in the public sector, with the exception of labour law, shall be subject to an increase of 5 per 100 on which they come by application of Law 37/88 of 28 May 1990. (a) December, in respect of which, where appropriate, it may be laid down in the Law on the adoption of the budget for the 1990 financial year.
This increase in account will be perceived as a separate and identified concept with the denomination "increase to account" and will be calculated on the monthly fixed and periodic remuneration that correspond to each official.
Two. Personal and transitional allowances and other remuneration which are of a similar nature, as well as the family supplement, the residence allowance and the compensation for the service shall be governed by their specific rules, excluded from the increase provided for in this Royal Decree-Law.
Three. For the purposes of the absorption of personal and transitional allowances, the increase of general remuneration established in this Royal Decree-Law shall be counted only in the 50 per 100 of its amount. In no case shall the triennies or increases in remuneration which are not fixed and periodic in nature be considered.
Four. Also, with effect from 1 January 1990, the remuneration of the staff of the bodies and entities referred to in Article 25. Two of the Law 37/1988 will see an increase of 5 per 100, which will take into account the increase in the wage bill, which, if necessary, can be established in the Law for the approval of the budget for the 1990 financial year. This increase in account shall be calculated on the monthly remuneration of each worker, in the understanding that, under Decree 2380/1973 of 17 August of the order of the salary, they have the legal nature of the salary excluding Supplements of seniority, in kind, personal and transitional supplements, those of quantity and quality and overtime.
The increase, which will be perceived as a separate and duly identified concept, will be absorbed and will no longer be perceived as a result of collective bargaining to the distribution of the fixed wage bill. in accordance with the provisions of the Law for the adoption of the 1990 Budgets.
For workers who are perceiving some personal complement that, according to the collective agreements that apply to them, has the character of transitory and absorbable, the percentage of the increase to account will be of the half of the indicated in the first paragraph of this paragraph.
Five. With the increase referred to in paragraphs 1 and 4 to the extent applicable, Articles 25, except their number four, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 40 and 41 of the said Law 37/1988 are extended. The extension of Article 29 is without prejudice to the new remuneration regulation established by application of Royal Decree 359/1989 of 7 April 1989.
TITLE III
From Public Pensions
Art. 4. Public Pension expenses.
The provisions of Articles 43 to 51 are extended, both inclusive, with the exception of the provisions of the last paragraph of Article 47.Three of Law 37/1988, with the specifications and exceptions set out below:
1. The amount of individual pensions received at 31 December 1989 is increased by 5 per 100.
The absolute amounts contained in the carry-over items shall be increased by the same percentage as in the preceding paragraph, taking as a basis for the calculation of the increase, the amounts resulting from the amendments produced, where appropriate, by the application of Royal Decree-Law 3/1989 of 3 March 1989 to Additional Measures of a Social Nature.
2. The increases resulting from the provisions of the preceding number shall take account of those which, if appropriate, may subsequently be established by the Law approving the Budget for the 1990 financial year.
3. With the exception of the above increase, both the initial point of view and the amounts which were collected on 31 December 1989, the following pension classes:
(a) Orphan's pensions, as referred to in the second subparagraph of Article 4 (3) of Law 5/1979 of 18 September, added by Article 2 of Law No 42/1981 of 28 October 1981, and the pensions to which it is refers to Article 4 (2) of that Law 5/1979.
(b) Orphan's pensions referred to in the second paragraph of Article 17 of Law 35/1980 of 26 June, added by Article 3. of Law 42/1981 of 28 October.
(c) The pension of Passive Classes recognized in favor of State Camineros caused before 1 January 1985, with the exception of those whose holder only received this pension as such a Caminero.
4. They are also exempt from the repeated increase, and with the exceptions provided for in the case, the pensions referred to in points (d), (e) and (f) of Article 48 of Law 37/1988, and those referred to in number three of the Same article and Act cited.
5. The maximum annual income or income limits received by the pensioners of Passive Classes or the National Insurance Mutual Fund of the Local Government, for the purposes of the right to economic allowances at the minimum amount of pensions, will be affected by the amounts set for 1989.
6. They shall not be subject to change in respect of the initial pension determination referred to in Article 43 (h) of Law No 37/1988, the regulators of the Administration of Justice, the Constitutional Court and the General Courts that are then expressed:
a) Administration of Justice: The corresponding to the multipliers 3.50; 4.00; 4,50, and 4,75.
b) Constitutional Court: The corresponding to the Corps or places of Secretary General. Lawyer and Manager.
c) Cortes General: The corresponding to the Corps of Letters, Librarian-Librarians and Optional Advisors.
Art. 5. º Amendments to the recast of the Law of Passive Classes of the State.
One. Article 28 (2) (a) of the recast text of the Law on Passive Classes of the State, approved by Royal Decree No 670/1987 of 30 April 1987, is worded as follows:
" (a) Forced character, which shall be declared automatically when such staff is legally appointed for each case as a determinant of retirement or retirement.
However, if the staff concerned, by the age of retirement or forced retirement, have recognised twelve years of effective service to the State and have not completed the fifteen years, at least they are required in the The following Article 29 for the right to a pension in his favour, may apply for an extension of the active service of the competent body to agree on his retirement, which shall be extended exclusively for the temporary period which he has failed to cover (a) the absence of such a measure, and which will be granted provided that the person concerned can be considered the service. "
Two. The recast text of the State Passive Classes Act, an 11th transitional provision, is added to the following content:
" The second subparagraph of Article 28 (2) (a) of this text shall not enter into force until the first day of the year 1995. Up to that point, officials who, in the interest of the year in which their retirement or forced retirement due to age and the number of years of effective services to the State should be, may apply for an extension of the active service. find in the circumstances set out in the table below:
| Minimum number of years to the | |
|---|---|
| In 1990 | 7 |
|
| |
| 8 1992 | 9 |
|
| 10 | |
| 10 | |
|
In 1994 | 11 |
In any case, the period of absence, if there is an extension of the active service, will be required at the time of the official's retirement age or forced retirement. "
TITLE IV
Of Financial Operations
Art. 6. Public Debt Limit.
The authorization provided for in Article 53 of Law 37/1988, for the same amount and conditions, is hereby extended, with the dates referred to in paragraph 1 being referred to in 1990.
Art. 7. º Credit Operations authorized to Autonomous Bodies and Public Entes.
The authorization provided for in Article 59 of Law 37/1988 is extended during the 1990 financial year, although with reference to its scope and amounts to Annex I of this Royal Decree-Law.
Art. 8. Information on Public Debt to the General Courts.
The provisions of Article 65 of Law 37/1988 are hereby extended.
Art. 9. Public Avales, other guarantees and relations with the Official Credit.
One. The guarantees that may be provided by the State, the National Institute of Industry and the National Hydrocarbons Institute, in the terms provided for in Articles 66, 67 and 68 of Law 37/1988, as well as the subsidiary responsibility of the Treasury The public provided for in Article 71 of that Law may not exceed the amounts established during the 1990 financial year, as the abovementioned Articles shall be extended during that year.
Two. The reporting obligations provided for in Articles 69 and 70 of Law 37/1988 are extended.
Three. The outstanding balance of ordinary loans from the State to the Official Credit Institute may, in the course of the year 1990, be subject to a net increase of 100 000 million pesetas over the balance at the beginning of the financial year.
Four. The outstanding balance of State loans to the Development Assistance Fund may be increased in the course of the year 1990 by 25 billion pesetas, plus the amount of loans from the Fund formalised and not disbursed as at 1 January 1990.
Five. The State shall increase its special loan to the Instituto de Crédito Oficial in the amount necessary to meet, in the unused part, the loans of the Kingdom of Spain to the Kingdom of Morocco approved by Law 13/1984, of 9 January, and to the Republic of Bolivia, approved by Law 11/1987 of 2 July.
Six. The compensation and reimbursement obligations provided for in Articles 73, 74 and 75 of Law 37/1988 are extended during 1990 under the same conditions laid down in those Articles.
Art. 10. Guarantee of the Spanish State to that of Mexico.
In accordance with the provisions of Article 111 of the Recast Text of the General Budget Law, approved by Royal Legislative Decree 1091/1988 of 23 September, the State is authorized to endorse the bonds that during 1990 the United States of Mexico, under the programme for the conversion of its external debt, to the United States of Mexico, in the amount of not more than half of the Mexican public debt of a financial character held on 27 October 1989 by credit institutions Spanish, for subscription by you in exchange for the aforementioned debt.
This endorsement shall not be deemed to be within the limit referred to in Article 66 of Law 37/1988.
TITLE V
Tax Rules
CHAPTER FIRST
Direct Taxes
Section first. Tax on the Income of the FIs and Extraordinary Tax on the Heritage of the Ficic Persons
Art. 11. Extension of the Law 20/1989 of 28 July
It is extended for the tax period from 1 January to 31 December 1990, the application of the first and second chapters and the fourth additional provision of Law 20/1989 of 28 July 1990, with the changes resulting from the provisions contained in this Royal Decree-Law.
Section 2. Tax on the Income of the FIMIC Persons
Art. 12. Tax rates for non-resident natural persons.
One. With exclusive validity for 1990, natural persons who are not resident in Spanish territory who, without permanent establishment mediation, obtain income or increases of assets subject to tribulation by the actual obligation of the Tax on the Income of the Physical Persons, will be taxed according to the provisions of article 17 of Law 5/1983, of June 29.
The tax rates will be as follows:
(a) On a general basis, 25 per 100 of the total income accruing and of those charged under the transparency regime.
In the case of service provision, technical assistance, installation or assembly costs, derivatives of engineering contracts and, in general, of economic holdings, carried out in Spain without permanent establishment, the the taxable person shall apply the rate of 25 per 100 to the difference between the revenue and the expenditure of staff and supplies of materials incorporated in the works or works.
(b) 14 per 100 in the case of the general expenses incurred as referred to in Article 13. (n) of Law 61/1978 of 27 December, as regards its consideration as income obtained by the parent without permanent establishment mediation.
(c) 10 per 100 in the case of income derived from the lease or use in Spanish territory of films and film productions for commercial exploitation or use in advertising campaigns, as to the leasing or disposal of containers in domestic traffic.
No income or property increases obtained in Spain shall be considered as the lease or disposal of containers used in international maritime navigation.
d) 35 per 100 in the case of increases in equity, determined in accordance with the general rules of the tax.
e) Income corresponding to pensions and liabilities that do not exceed the annual amount of pesetas 1,500.00, received by non-resident persons in Spain, whichever person has generated the right to his or her perception, will be taxed at the rate of 8 per 100.
(f) Likewise, the income of the work of non-resident natural persons on Spanish territory shall be taxed at the rate of 8 per 100, provided that they are not taxable persons under a personal obligation to contribute, Diplomatic missions and consular representations of Spain abroad, where the application of specific rules derived from the International Treaties in which Spain is a party does not proceed.
g) 4 per 100 in the case of returns derived from reinsurance operations.
For these purposes, returns arising from reinsurance transactions shall be understood to mean gross amounts satisfied by this concept in each tax period to the non-resident insurer, after deduction of the amount of the fees and compensation received from this.
Capital returns satisfied to non-resident insurers will in any case be taxed by the general rate.
Two. With exclusive validity for 1990, natural persons not resident in Spanish territory who obtain income in the same way by permanent establishment will be taxed at the rate of 35 per 100 for the Income Tax of Persons Physical.
Three. Capital returns and increases or decreases in equity derived from securities issued in Spain by non-resident natural or legal persons without permanent establishment mediation shall not be considered as produced in Spanish territory for the purposes of the Income Tax of the Physical Persons corresponding to the investor holding the securities, irrespective of the place of residence of the financial institutions acting as agents of the payments or mediate in the issue or transmission of the securities.
Without prejudice to the foregoing, where the holder of the securities is a resident or a permanent establishment in Spain, the income and equity increases referred to in the preceding paragraph shall be subject to the Spanish personal taxes and, where appropriate, the timely withholding of such taxes, which shall be carried out by the resident financial institution which, in accordance with the current rules of change control, acts as the depositary of the securities.
Art. 13. Deductible expenses.
One. Paragraph 3 (b) of Article 14 of Law 44/1978 of 8 September shall be worded as follows:
" (b) The amount resulting from the application of the 2 per 100 on the amount of the full income, as a cost of difficult justification.
This percentage will be 10 per 100, with a maximum limit of 200,000 pesetas, for disabled persons with disabilities who are required to move to their place of work and who credit their disability with a certificate issued by the Instituto Nacional de Servicios Sociales. "
Two. The third subparagraph of point (c) of the first rule of Article 9 of Law 20/1989 of 28 July 1989 shall be worded as follows:
" (c) Where duly accredited, the appropriate employment contract and the affiliation to the corresponding social security scheme exist, the spouse or the minor children of the taxable person living with him/her usually and with continuity in the business, professional or artistic activities developed by it, shall be deducted, for the purposes of determining the income, the remuneration stipulated with each of them, provided they are not higher than those on the market corresponding to their professional qualifications and work performed. These amounts shall be considered as being obtained by the spouse or minor children, in terms of income from work, for all tax purposes. "
Art. 14. Monetary correction of property changes.
One. In the case of transfers made from 1 January to 31 December 1990 of assets or assets acquired more than one year in advance of the date of those transfers, any increases or decreases in the assets to which they are Article 20 of Law 44/1978 of 8 September 1978 shall be calculated by applying to the value of the acquisition of the goods transmitted, determined in accordance with the rules of the Income Tax of the Physical Persons, the coefficients of The following are the following updates:
Time of acquisition of the asset or asset item:
|
| Coefficient | |
|---|---|---|
|
1 January | 2,437 | |
| In the exercise 1979 | 2,140 | |
| In the 1980 exercise | 1,887 | |
|
In the 1981 exercise | 1.678 | |
|
In the 1982 exercise | 1,497 | |
| 1,361 | ||
|
In the exercise 1984 | 1,249 | |
| In the 1985 exercise | 1,173 | |
| In Exercise 1986 | 1,103 | |
|
In the 1987 exercise | 1.061 | |
| In the 1988 exercise | 1,038 | |
| 1,000 |
Two. In the case of goods acquired prior to 1 January 1979, the market shall be taken as the market acquisition value at 31 December 1978, provided that it is higher than the acquisition value.
Three. In the disposal of securities which are not listed on the stock exchange, representative of shares in the capital of companies, the increase or decrease in assets shall be calculated by the difference between the average purchase cost and the actual amount effectively received, deducted, where appropriate, the costs incurred by the transmission from the seller.
However, where the actual amount does not correspond to that which would have been agreed by independent parties under normal market conditions, the Administration will consider the higher of the two securities as the value of disposal. following:
a) The theoretical resulting from the last approved balance sheet.
(b) The average of the benefits of the three social exercises closed prior to the tax accrual date shall be the rate of 8 per 100. To this end, distributed dividends and allocations to reserves, excluding those for regularisation or updating of balance sheets, shall be counted as profits.
Art. 15. Obligation to declare.
With exclusive validity for the 1990 financial year, paragraph one of Article 34 of Law 44/1978, of 8 September, is worded as follows:
" You will be required to submit a statement:
One. Taxable persons who obtain returns or increases in assets subject to the tax under the conditions which they regulate are established.
However, they shall not be obliged to declare taxable persons under a personal obligation to contribute or, where appropriate, family units which obtain returns of less than 900,000 gross annual gross pesetas exclusively from one of the following sources:
(a) Res of the dependent personal work and pensions referred to in Article 7 (4) of this Law.
(b) Capital flows and equity increases that do not exceed the annual gross pesetas (215,000).
For the purposes of the limit of the obligation to declare, no account shall be taken of the income of the house itself which constitutes the habitual residence of the taxable person or, where applicable, of the family unit. "
Art. 16. Rate of Income Tax on Physical Persons.
The tax base of the Income Tax of the Physical Persons for the financial year 1990 will be taxed at the rates indicated on the following scale:
| Average Type | Full quota | Rest taxable base to pesetas | Applicable type | |
|---|---|---|---|---|
| 648,900 | 0.00 | 0 | 432,600 | |
| 1,081,500 | 10.00 | 108.150 | 540.750 | 26.00 |
|
1,622,250 | 15.33 | 248,745 | 540.750 | 27.00 |
|
2,163,000 | 18.25 | 394,748 | 540.750 |
28.00 |
|
2.703.750 | 20.20 | 546.158 |
540.750 | |
|
3.244,500 | 21.83 |
708.383 | 540.750 |
32.00 |
|
3.785.250 | 23.29 | 881,423 |
540.750 | 34.00 |
|
4.326,000 | 24.63 |
1.065.278 | 540.750 | 36.00 |
| 4.866.750 | 25.89 | 1.259.948 | 540.750 | 38.50 |
|
5.407,500 |
27.15 | 1.468.136 | 540.750 | 41.00 |
|
5.948.250 | 28.41 | 1.689.844 | 540.750 | 43.50 |
| 6.489,000 |
29.67 | 1,925.070 |
540.750 | 46.00 |
|
7.029,750 | 30,92 |
2.173.815 | 540.750 | 48.50 |
|
7.570.500 | 32.18 | 2.436.079 | 540.750 | 51.00 |
|
8.111.250 |
33.43 | 2.711.861 | 540.750 | 53.50 |
|
8.652,000 | 34.69 |
3.001.163 | onwards | 56.00 |
The full quota of the tax resulting from the application of the scale may not exceed, for the subjects by personal obligation, in conjunction with the quota corresponding to the Extraordinary Tax on the Patrimony, 70% 100 of that base. For these purposes, the part of the tax on heritage which corresponds to property assets which, by their nature or destination, are not liable to produce the yields referred to in Articles 14 to 18 of the Law 44/1978 of 3 September. For the proper application of this limitation, the declaration and settlement of both Taxes shall be simultaneously performed.
A tax rate of 20 per 100 shall apply to the increases in the assets, derived from "inter-living" transmissions, as referred to in Article 20 (3) of Law 44/1978 of 8 September
.When the increases in the equity result from "mortis causa" transmissions the applicable rate shall be 8 per 100, without prejudice to the second subparagraph of paragraph 3 above.
Art. 17. Reduction of deductions from the quota in case of lower tax period per year.
One. Paragraph 1 of Article 24 of Law 44/1978 of 8 September shall be worded as follows:
" One. The tax period shall be lower than the calendar year in the following cases:
(a) Dealing with a taxable person who is not a member of a household, by death on a day other than 31 December.
(b) In the case of taxable persons who are members of a family unit, by dissolution of the marriage, the death of one or both spouses or of divorce, by the nullity of the marriage or by marriage separation in the judgment of the Court of Justice and the death of the unmarried father or mother, or of any of the siblings who have undergone the same protection.
(c) Where the taxable person contracts marriage in accordance with the provisions of the Civil Code.
However, in the cases referred to in (b) and (c), it shall be a budget for the interruption of the tax period, the joint taxation of the family unit until the dissolution of the marriage or after its celebration. "
Two. With exclusive validity for the 1990 financial year, Article 24 (4) of Law 44/1978 shall be worded as follows:
" Four. The deductions in the quota referred to in Article 29 (B) and (C), which are applicable, shall be reduced in proportion to the number of calendar days of the calendar year. "
Three. With exclusive validity for the 1990 financial year, Article 25 of Law 44/1978 is worded as follows:
" The determination of the members of the family unit and of the personal and family circumstances to be taken into account for the purposes of Article 29 (A), (B) and (C) shall be carried out by the situation existing on the tax accrual date. "
Art. 18. Taxation of irregular income.
One. With exclusive validity for the 1990 financial year, the sixth paragraph of Article 27 (6) of Law 44/1978, of 8 September, is worded as follows:
" 2. Exceptionally, if the resulting average rate of charge is zero, it shall be applied to the magnitude determined in accordance with the previous number one, the rate of 8 per 100. '
Two. In the same way as for the 1990 financial year, the second subparagraph of paragraph 2 of the same Article shall be worded as follows:
" If the result determines an estate increase, the rate shall be taxed as provided for in the last two paragraphs of Article 16 of Royal Decree-Law 6/1989 of 29 December. Otherwise, it shall be compensated by increases of the same nature as shall be shown in the following five years. '
Art. 19. Deductions from the quota.
With an exclusive effect for the 1990 financial year, Article 29 of Law 44/1978 of 8 September is worded as follows:
" From the fee resulting from the application of the tariff will be deducted:
A) Variable Deduction:
The variable deduction will be practiced in the terms of Article 1 of Royal Decree-Law 6/1988 of 29 December.
When the amount of the variable deduction is less than 38,000 pesetas, the deduction in the following paragraph shall apply instead, where applicable.
B) When the variable deduction is not applicable, the taxable persons who are jointly taxed shall be entitled to a deduction of 38,000 pesetas, which shall be the only one per declaration.
C) Other family deductions:
One. For each child and for each other single descendant who coexists with the taxpayer: 19,000 pesetas.
This deduction will not be performed for children and other descendants:
(a) Over thirty years, except for the exception of the number four of this point (C).
(b) They are part of another family unit, unless the household income is less than 648,900 pesetas per year.
c) That they earn income in excess of 130,000 pesetas annually and are not part of any household.
In cases of individual taxation, when children or descendants coexist with multiple ancestors of the same degree, the deduction will be practiced equally in each other's declaration.
In the same cases, in the case of descendants who live with those who have a different degree of kinship, they will only be entitled to the deduction of the nearest degree, unless they do not obtain higher income than 648,900 pesetas, of course in which the deduction will pass to the higher-grade ascendants.
Two. For each of the ascendants living with the taxpayer who have no income exceeding 648,900 pesetas per year: 14,300 pesetas.
In cases of individual taxation, when the ascendants live with both spouses, the deduction will be made in half. Children may not be able to apply this deduction when their parents are entitled to it.
Three. For each taxable person, or where applicable, for each member of the family unit of age 70 years or more: 14,300 pesetas.
In cases of individual taxation, this deduction shall be made by the taxable person in which such a circumstance exists.
Four. For each taxable person or, where applicable, for each member of the family unit, and for each single child, irrespective of age, dependent on the taxable person, provided that the latter does not have an income exceeding 130,000 pesetas per year, Blind. mutilated or invalid, physical or mental, congenital or over-come, in the regulated grade, in addition to the deductions that come according to the provisions of the preceding letters: 47,600 pesetas.
Furthermore, the application of this deduction shall be made where the person concerned by the disability is linked to the taxable person or family unit, if any, for reasons of protection or non-remunerated accommodation, provided that belong to another family unit and the circumstances expressed in the preceding paragraph are given.
In cases of individual taxation, when children who are affected by invalidity are dependent on both parents, the deduction will be practiced in half in each parent's declaration.
(D) For sickness: 15 per 100 of the costs incurred by the taxable person during the period of the charge for reasons of sickness, accident or invalidity of his own or, where appropriate, of persons who make up the family unit or of others giving full or partial right to deduction in the quota, as well as expenses satisfied by professional medical and medical fees, on the occasion of the birth of the children of the taxpayer and of the quotas satisfied to Mutual or Medical Insurance Companies.
This deduction will be conditional on its documentary justification, adjusted to the requirements of Royal Decree 2402/1985 of 18 December, which regulates the duty to issue and deliver invoices for the employers and professionals.
E) By investments:
One. (a) 10 per 100 of the premiums paid on the basis of life insurance, death or invalidity contracts, jointly or separately, concluded with Entities legally established in Spain, where the beneficiary is the taxable person or, where applicable, the a contracting member of the family unit, his spouse, ascending or descendants, as well as the amounts paid to Montepios Laborales and Mutualidades, where they cover, among other risks, that of death or invalidity, which cannot be deducted from effects of the determination of the tax base.
Deferred and mixed capital insurance contracts whose duration is less than ten years are excepted.
(b) 15 per 100 of the amounts that have been contributed by the taxable persons to a pension plan, adjusted to Law 8/1987 of 8 June, of Regulation of the Pension Plans and Funds, as well as of the amounts which, being provided by the promoters of the plan have been imputed to those, forming part of their tax base, without any of the two cases being able to be deducted from the latter.
The basis of this deduction may not exceed the difference between the maximum amounts authorised as a contribution to pension schemes and the amount of the amounts which have been deducted from the full income of the unit-holders in the pension schemes for the determination of their tax base.
Two. (a) 15 per 100 of the quantities satisfied in the financial year concerned by the acquisition or re-rating of the dwelling which constitutes or is to constitute the habitual residence of the taxpayer. For these purposes, the rehabilitation will have to fulfil the conditions referred to in Royal Decree 2329/1983 of 28 July, on the protection of the rehabilitation of the residential and urban heritage.
Housing shall be understood as a habitual residence in which the taxpayer, the family unit or any of its members resides for a continuous period of three years. However, it is understood that housing was such that, despite the absence of such a deadline, circumstances would necessarily require the change of housing.
The basis of the deduction shall be the amounts satisfied for the acquisition or rehabilitation of the dwelling, including the incurred expenses incurred by the acquirer, except the interest, if any, to be deductibles of the income, in the form set out in Article 16 of this Law. For these purposes, the amounts constituting untaxed increases in equity shall not be computed by reinvesting in the purchase of new habitual dwelling.
They shall be deemed to have been intended for the acquisition or rehabilitation of the dwelling which constitutes or is to constitute the habitual residence, the amounts deposited in Banks, Savings Banks and other Credit Institutions, on accounts that meet the requirements of formalisation and provision that are regulated.
(b) The acquirers, prior to 1988, of houses with a right of deduction of 17% in the tax quota, will keep them in 1990, at 15 per 100, in the case of usual housing, and 10 per 100, in the other cases.
(c) The acquirers prior to 1990 of dwellings other than the usual one with a right of deduction of 10 per 100 in the tax quota shall maintain it in 1990.
The basis for the deduction from the previous two paragraphs is the same as set out in point (a).
Three. (a) 15 per 100 of the investments made in the acquisition of goods which are entered in the General Register of Goods of Cultural Interest in accordance with the provisions of Article 69.2 of Law 16/1985 of 25 June of the Heritage Historical Spanish, provided that the good remains in the holder's estate for a period of not less than three years, and the communication of the transmission to the General Registry of Goods of Cultural Interest is formalized.
(b) 15 per 100 of the amount of the costs of conservation, repair, restoration, dissemination and exposure of the goods which meet the requirements laid down in the preceding subparagraph, as long as they cannot be deducted as expenditure fiscally admissible, for the purposes of determining the net yield which, where applicable, shall be carried out.
Four. The basis for all the deductions contained in the preceding numbers, as well as those set out in numbers 1 and 2 of this Article, shall be limited to 30 per 100 of the taxable amount of the taxable person or, where applicable, of the family unit.
Also, the application of the deductions referred to by the numbers one. a): two and three. (a) it shall require that the established amount of the assets of the taxpayer at the end of the period of the tax exceeds the value of the check at the beginning of the tax at least in the amount of the investments made. For these purposes, the capital gains or minorings of value experienced during the period of the imposition by the goods which at the end of the charge continue to be part of the estate of the taxpayer shall not be computed.
Five. Taxable persons who carry out business, professional or artistic activities shall be subject to the incentives and incentives for business investment established or to be established by the Company Tax with equality of deduction types and limits.
Notwithstanding the provisions of the preceding paragraph, these incentives shall not apply to taxable persons who are subject to the system of objective assessment of the determination of taxable bases.
The corresponding deduction limits will be applied to the liquid quota resulting from minoring the full quota in the deductions noted in the preceding letters of this article, as well as in the above numbers letter.
Six. In the case of individual tax purposes, the investment deductions shall be applied for each taxable person in the proportion corresponding to their participation in the ownership of the goods or rights in which the investment is made.
For the purposes of the deduction for investment in the acquisition or rehabilitation of the taxable person's habitual dwelling shall be understood as such that the taxpayer, his or her spouse or minor children are resident for a continuous period of time. Three years.
The incentives and incentives for business investment will apply exclusively to the taxable persons to whom the returns of the business, professional or artistic activities correspond, according to the as provided for in point (c), first and second paragraphs of the first rule of Article 9. of Law 20/1989 of 28 July.
F) Other deductions:
One. 15 per 100 of the pure and simple donations of goods forming part of the Spanish Historical Heritage, which are registered in the General Register of Goods of Cultural Interest or included in the General Inventory referred to in Law 16/1985, of 25 June, of Spanish Historical Heritage, provided that they are carried out in favor of the State and other public Entes, as well as those that are carried out in favor of establishments, institutions, foundations or associations, even the ones in fact temporary nature to arbitrate funds classified or declared beneficial or of public utility by the Competent authorities of the State, whose positions of employers, legal representatives or fact managers are free of charge and are held accountable to the relevant protectorate.
Two. The 10 per 100 of the amounts donated to the Entities mentioned in article 2 of Law 12/1988, of May 25, to the "Olympic Organizing Committee Barcelona 1992" and to the " Olympic Organizing Committee Barcelona 1992. Company Anonymous '.
Three. 10 per 100 of the amount of the dividends received by the taxable person under the conditions which are determined and provided that they have been taxed, in fact, without any bonus or any reduction in the tax on Companies.
Four. The 75 per 100 of the Municipal Tax quota on the increase of the value of the Urban Nature Terrain satisfied by the taxable persons in the exercise.
Five. Irrespective of the deduction in the quota referred to in point (A) of this Article, by income from the dependent work, the amount of pesetas 24,000 shall be deducted for each recipient of this type of income, up to a maximum of two.
Six. The amount of the withholding and payment to account provided for in Article 36 of the Law, without prejudice to the provisions of Law 14/1985 of 29 May on Tax Regime for Certain Financial Assets.
In general, the deductions referred to in this Article shall not apply to taxpayers by actual obligation, except when they obtain income through permanent establishment in Spain, in which case it shall be of the application of paragraphs 3 and 5 of point E) and one, two, three and six of the letter F) of this Article.
However, if, during the financial year, the taxable person had to pay for the actual duty, he would be entitled to the return of the excess of the withholding tax on the income from personal work, in respect of the percentage established on a single and final basis for this category of income, where they are obtained by non-resident natural persons. '
Section 3. Extraordinary Tax on the Heritage of the Ficic Persons
Art. 20. Extraordinary Tax on the Heritage of Physical Persons.
The criteria for the valuation of goods of a rustic nature and of independent livestock farming, as laid down in Article 6 (b) of Law 50/1977 of 14 November 1990, shall be as follows from 1 January 1990:
(a) Goods of a rustic nature shall be computed according to the rules laid down for urban nature, as soon as they are applicable to them.
Goods affected by a catastrophic area declaration shall not be taken into account for the purposes of determining the tax base of the corresponding tax period.
(b) In the case of livestock and other goods and rights affected by independent livestock activities, their value shall be determined in accordance with the rules applicable to the activities subject to the Tax Licences of Commercial Activities e Industriales.
Section 4. Corporation Tax
Art. 21. Types of tax on corporation tax.
With exclusive effect for the 1990 financial year, Article 23 of Law 61/1978 of 27 December of the Company Tax will be worded as follows:
" One. The tax rates applicable in the Company Tax, for the financial years beginning in 1990, shall be as follows:
a) With a general character, 35 per 100.
(b) Mutual Insurance and Reciprocal Insurance Corporations shall be taxed at the rate of 26 per 100.
(c) Cooperative Societies shall be taxed at the rate of 20 per 100, except those of Credit and Rural Banks which shall do so at 26 per 100.
These latter rates shall not apply to profits from capital gains made in the disposal of the assets of the fixed assets, those obtained from sources or activities outside the specific purposes of the Cooperative or derivatives of investments or participations in non-cooperative societies, to all of which the general type shall apply.
(d) The Entities referred to in paragraph 1 (e) and Article 5 (2) of this Act shall be taxed at the rate of 25 per 100.
This rate will not affect the income that has been withheld, which will limit its taxation, as to them, to the amount of the tax.
Two. The Collective Investment Institutions will be taxed in accordance with the provisions of Law 46/1984 of 26 December. The rate of charge referred to in Article 34 (2) (a) of that Law shall be 13 per 100.
Three. Non-resident entities on Spanish territory which, without permanent establishment mediation, obtain income under taxation, will be taxed in accordance with the provisions of Article 17 of Law 5/1983 of 29 March 1983. June
The tax rates will be as follows:
(a) On a general basis, 25 per 100 of the total income accruing and of those charged under the transparency regime.
In the case of service provision, technical assistance, installation or assembly costs, derivatives of engineering contracts and, in general, of economic holdings carried out in Spain without permanent establishment, the the taxable person shall apply a rate of 25 per 100 to the difference between the revenue and the expenditure of staff and supplies of materials incorporated in the works or works.
(b) 14 per 100, in the case of amounts satisfied to its parent company or dominant by related Spanish companies, in consideration of the management support services received, as long as they are established contractually and correspond to the effective use of such services.
The same criterion shall apply in relation to the general expenses incurred as referred to in Article 13 (n) of this Law as regards its consideration as income obtained by the parent without the intermediary of establishment permanent.
(c) 10 per 100, in the case of income derived from the lease or use in Spanish territory of films and film productions for commercial exploitation or use in advertising campaigns, as to the leasing or disposal of containers in domestic traffic.
No income or property increases obtained in Spain shall be considered as the lease or disposal of containers used in international maritime navigation.
d) 35 per 100 in the case of capital increases determined in accordance with the general rules of the tax.
e) 4 per 100 in the case of returns derived from reinsurance transactions.
For these purposes, income derived from reinsurance transactions shall mean gross amounts satisfied by this concept in each tax period to the non-resident insurer, after deduction of the amount of the commissions and compensation received from this.
Capital returns satisfied to non-resident insurers shall be taxed in any case, by the general rate referred to in point (a) of this paragraph.
(f) Equity income and increases or decreases in equity derived from securities issued in Spain by non-resident natural or legal persons without permanent establishment mediation, shall be deemed to have been obtained or produced in Spanish territory for the purposes of the Company Tax corresponding to the holder of the securities, irrespective of the place of residence of the financial institutions acting as agents of payments or mediate in the issue or transmission of the securities.
Without prejudice to the foregoing, where the holder of the securities is a resident or a permanent establishment in Spain, the income and equity increases referred to in the preceding paragraph shall be subject to the Spanish personal taxes and, where appropriate, the timely withholding of such taxes, which shall be carried out by the resident financial institution which, in accordance with the current rules of change control, acts as a depositary of the securities. '
Art. 22. Payment of the Company Tax.
One. In the first twenty calendar days of the months of April, October and December 1990, the taxable persons of the corporation tax, by personal obligation, as well as the permanent establishments of non-resident societies in Spain, make a payment on account of the settlement for the financial year which is in progress on the first day of each of the months indicated, 20 per 100 of the quota to be entered for the last financial year in which the regulatory period for the declaration is closed. was expired on those dates.
Two. Where the last closed financial year referred to in the previous number is shorter than the year, account shall also be taken of the proportion of the share of previous financial years, up to a period of 12 months.
Three. Such payments on account shall be taken into account for tax liability, for the purposes of applying the provisions on tax infringements and penalties and on the settlement of interest for late payment.
Your amount will be accumulated to that of the holds effectively supported by the taxable person, for purposes of calculating the fee to enter or to return.
Art. 23. Deductions for investments and job creation.
For the purposes of the financial years in 1990, Article 26 of Law 61/1978 of 27 December of the Company Tax will be worded as follows:
" One. Taxable persons may deduct from the liquid quota resulting from the payment of the full quota in the amount of the double taxation deductions and, where appropriate, the allowances referred to in Article 25 of the Law, the 5 per 100 of the amount of the investments that they actually make in:
(a) New tangible fixed assets, affected by the development of the entity's business activity, without being considered as such.
b) The editing of books and film production that allow the production of a physical medium, prior to its serial industrial production.
c) The creation of branches or permanent establishments abroad, as well as the acquisition of shares of foreign companies or the formation of subsidiaries directly related to the export activity, provided that the participation is at least 25 per 100 of the share capital of the subsidiary.
d) The satisfaction abroad of propaganda and publicity expenses of extra-annual projection for the launch of products, opening and prospecting of markets and the ones of concurrency to fairs, exhibitions and other similar events, including in this case, those held in Spain on an international basis.
Two. As provided for in Article 35 (1) of Law 27/1984 of 26 July, taxable persons may deduct in the liquid quota referred to in the preceding paragraph 15 per 100 of the intangible expenditure and 30 per 100 of the value of the for the acquisition of fixed assets applied to research and development programmes or expenditure on new industrial products or processes
Three. Also, taxable persons may deduct from the liquid quota referred to in paragraph 1, 10 per 100 of the investments actually made in goods which are entered in the General Register of Goods of Cultural Interest, of According to the provisions of article 69.2 of Law 16/1985 of 25 June of the Spanish Historical Heritage. For these purposes, the eligible expenditure referred to in Article 71 of the said standard shall be considered as investments.
Four. Requirements for the enjoyment of the deduction by investments:
(a) that the amounts invested, except those relating to concepts, which have the nature of current expenditure, are accounted for within the fixed assets.
(b) In the case of new fixed assets, the items remain in operation in the Company of the same taxable person for five years, at least, or during their lifetime, if it is lower without being the subject of transmission, lease or transfer to third parties for use.
Five. In addition, the deduction of 500,000 pesetas per person/year of increase of the average of the template with an indefinite contract of employment experienced during the first financial year started in 1990, with respect to the average template of the previous immediate exercise with that type of contract.
For the calculation of the increase of the average number of staff, it will be computed, exclusively, persons/year with an indefinite contract of work that they develop full day, in the terms that the labor legislation has.
This deduction will be of 600,000 pesetas for each person/year of increase of the average of the staff of disabled workers hired, in accordance with the provisions of article 39 of Law 13/1982, of April 7, Social integration of the disabled, for an indefinite period, calculated separately by the procedure provided for in the preceding paragraphs.
The total deduction may not exceed that which would correspond to the number of persons/year of average increase in the total workforce of the Company during that financial year, whatever its form of recruitment.
Six. Deductions for investments from previous schemes shall be applied in compliance with the limit on the liquid quota set out in their respective regulations.
Practiced these deductions, deductions for investments indicated in numbers one to three of this article may be reduced, provided that an aggregate limit of 20 per 100 of the liquid year's share is not exceeded.
Then, if applicable, the deductions that apply without limit on the liquid quota derived from previous regimes will be practiced.
Finally, the deduction for the creation of regulated employment in the tinco number of this article will be practiced. This deduction may absorb the entire remaining liquid quota.
Seven. The deductions for investments and job creation identified in numbers one, two, three and five of this article, which are not practiced by insufficient liquid quota, may be computed in the following five years.
Eight. The following rules shall be observed in the application of the investment deduction:
First. In asset acquisitions, it shall form part of the basis for the deduction of all agreed consideration, excluding interest, indirect state taxes and their surcharges, which shall not be computed on that basis, irrespective of of its consideration for the purposes of the valuation of assets.
Second. The basis of the deduction may not be higher than the price which would have been agreed under normal market conditions between independent subjects in the operations carried out:
(a) Between companies integrated into the same consolidated group for tax purposes.
b) Between a transparent society and its partners.
c) Between a Society and persons or Entities that have a particular relationship to a domain relationship of at least 25 per 100.
Third. In the cases referred to in the previous rule, the calculation of the basis of the deductions for job creation shall take into account the joint situation of the related undertakings.
Fourth. The same investment cannot result in the application of the deduction in more than one Company.
Fifth. The deduction for investments in new tangible fixed assets shall not be eligible for the assets acquired under the lease.
Sixth. The calculation of the time limits for the application of the deduction for investments may be deferred until the first financial year in which, within the period of limitation, positive results occur, in the following cases:
a) In the newly created Companies.
(b) During the period of validity of the official industrial conversion plans, the enterprises concerned have received official plans for industrial conversion.
(c) In companies that heal losses from previous years by the effective contribution of new resources, without the application or capitalization of reserves being considered as such.
Nine. The industrial banks may deduct from the quota the amount resulting from the application of the charge rate on the 95 per 100 of the increases in equity which they derive from the disposal of the shares of the companies in which they participate, where the disposal takes place within the period of eight years from its acquisition, provided that such increase is reinvested in full in the same financial year in the subscription of shares. This deduction applies to 75 per 100, if the disposal takes place within the ninth year; to 50 per 100, if it is carried out in the tenth, and to 25 per 100, in the eleventh year, from which no deduction will be applied.
The amount of the shares to be reinvested will be taxed for this tax in the year in which they are sold, provided that they are not reinvested within the same financial year. This rule shall apply to the successive periods of the shares in which the investments covered by this deduction have materialised.
Ten. The provisions of the preceding number shall also apply to companies whose sole purpose is the promotion or promotion of enterprises through temporary participation in their capital.
Deductions on equity increases, earned by the equity-risk companies in the disposal of shares, shall be governed by their specific rules.
Once. Companies making investments abroad for the exploitation of hydrocarbons through participating companies may deduct the smallest of the following amounts:
(a) 100 per 100 of the share attributable to the Spanish Company according to its degree of participation, the effective charge of an identical or similar nature to the Company Tax, satisfied by the participating Company.
(b) The amount of the fee that would be payable in Spain for the income attributable to the Spanish Company, also taking into account its degree of participation, if it had been obtained in Spanish territory.
It will be possible for the application of this deduction to include the inclusion in the tax base of the tax paid abroad, in the amount set out in the preceding paragraph.
Twelve. The deduction for investments will be incompatible for the same goods or expenses with that set out in Law 12/1988, of May 25.
In addition, it shall not apply in respect of the goods or expenses in which the benefits under the allowance provided for in Article 25 (3) (a) of this Law have been invested. "
Art. 24. Resource of the Official Chambers of Commerce, Industry and Navigation.
One. For the purposes of determining, with exclusive effect for 1990, the revenue which the Chambers of Commerce, Industry and Shipping have the right to receive from the companies and other legal persons integrated into them, the quota shall be understood as In the case of the tax on which the percentage of the taxable person is to be paid, where applicable, the percentage of the tax on which the deductions and allowances provided for in paragraphs 1, 2 and 2 of the Law of 29 June 1911 are applied to the three of Article 24, number seven of Law 61/1978, of 27 December.
The percentage of the above mentioned resource will be in the 1990 financial year of 1.5 per 100.
The Chambers will allocate 0.5 percentage points of the percentage mentioned in the paragraphs before the financing of the Cameral Plan for the Promotion of Exports, which will be proposed by the Superior Council of Chambers to the Ministry of Economy and Hacienda, which will regulate its execution.
Two. These Official Chambers, regardless of their territorial scope, shall, during 1990, subject their accounting and financial statements to accounting or audit verification, in the form that, as regulated, is determined.
Failure to comply with this requirement will incapacitate you from perceiving the resource referred to by the previous number one.
Art. 25. Investment Forecast Fund.
The special rules for the implementation of the Investment Forecast Fund provided for in Article 21 of Law 30/1972 of 22 July on the economic and fiscal regime of the Canary Islands are extended until 31 December 1990.
The formation of the deposits necessary for the materialization of the Investment Forecast may be made in the Central Bank of the General Deposit Box or in its branches of the Canary Islands.
Section 5. Tax on Successions and Grants
Art. 26. Liquidable Base.
Article 20 (1) of Law 29/1987 of 18 December of the Tax on Successions and Donations shall be worded as follows:
" 1. In the case of "mortis causa" acquisitions, including those of the beneficiaries of life insurance policies, the liquidable basis shall be obtained by applying the reduction corresponding to those included in the following groups in the tax base:
Group I: Procurement by descendants and adoptees under the age of twenty-one years: 2,163,000 pesetas, 540,750 more pesetas for each year less than twenty-one that has the causative cause, without the reduction being able to exceed 6,489,000 pesetas.
Group II: Acquisitions by descendants and adoptees of twenty-one or more years, spouses, ascendants and adopters: 2.163,000 pesetas.
Group III: Acquisitions for second and third degree collateral, ascending and descending by affinity: 1,081,500 pesetas.
Group IV: In acquisitions by fourth-grade collateral, more distant and foreign degrees, there will be no room for reduction
In acquisitions by people with physical, mental or sensory disabilities, the reduction of the pesetas 6,489,000 will be applied in addition to the one that could correspond to the degree of kinship with the causative.
For these purposes, persons with a disability entitled to the reduction shall be considered to be those who determine the right to deduct in the income tax rate of the Physical Persons, according to the legislation of this Tax. "
Art. 27. Rate.
Article 21 of Law 29/1987 of 18 December of the Tax on Successions and Donations shall be worded as follows:
" The full tax share will be obtained by applying to the liquidable basis, calculated as provided in the previous article, the following scale:
| Average Type - Percentage | Full quota - Pesetas |
Rest - Pesetas | Applicable Type - Percentage | |||
|---|---|---|---|---|---|---|
|
- | - | - | 1,081,500 | 7.65 | ||
| 1.081,500 | 7.65 | 82,735 |
1,081,500 | 8.50 | ||
|
2.163,000 | 8.08 |
174,662 | 1,081,500 | 9.35 | ||
|
3.244,500 |
8.50 | 275,783 |
10.20 | |||
| 4.326,000 | 8.93 | 386.096 | 1,081,500 | 11.05 | ||
| 5.407,500 | 9.35 | 505,601 |
11.90 | 11.90 | ||
| 6.489,000 | 9.78 | 634,300 | 1.081,500 | 12.75 | ||
|
7.570.500 | 10.20 | 772.191 |
13.60 | |||
|
8.652,000 | 10.63 | 919.275 | 1,081,500 | 14.45 | ||
| 11.05 | 1.075,552 |
15.30 | ||||
|
11.48 | 11.48 | 11.48 | 11.48 | Table_table_der" >1.241.021 | 5.407,500 | 16.15 |
| 16.222,500 | 13.03 | 2.114.333 | 5.407,500 | 18.70 | ||
|
21.630,000 | 14.45 | 3.125.535 | 10.815,000 | 21.25 | ||
|
32.445,000 | 16.72 | 5.423.723 | 21,630,000 | 25.50 | ||
|
54,075,000 | 20,23 | 10.939.373 | 54,075,000 | 29.75 | ||
|
108.150,000 | 24.99 | 27.026.685 | 34.00 | 34.00 " |
Art. 28. Tax quota.
One. Article 22 (1) of Law No 29/1987 of 18 December 1987 on the Tax on Successions and Donations shall be worded as follows:
" 1. The tax rate for this tax will be obtained by applying to the full quota the multiplying factor corresponding to those indicated below, based on the pre-existing assets of the taxpayer and the group, according to the degree of kinship, as referred to in Article 20:
| Item 20 | |||
|---|---|---|---|
| I and II | III | IV | |
|
0 to 54 | 1.0000 | 1,5882 | 2.0000 |
When the difference between the tax rate obtained by the application of the corresponding multiplier coefficient and the one that would result from applying to the same quota integrates the lower immediate multiplier coefficient greater than that which exists between the pre-existing capital requirement taken into account for the liquidation and the maximum amount of the pre-existing tranche which would motivate the application of the said lower multiplying factor, reduce the amount of excess. "
Two. Article 22 (3) of Law No 29/1987 of 13 December 1987 on the Tax on Successions and Donations shall be worded as follows:
" 3. If the successors in succession are not known, the ratio established for fourth-grade and foreign collateral shall be applied where the pre-existing assets exceed 540,000,000 pesetas, without prejudice to the return of the pesetas. proceed once those are known. "
Section sixth. Local Taxes
Art. 29. Property tax.
One. For the 1990 tax period, the tax on immovable property tax will be those provided for in the first paragraph of the second transitional provision of Law 39/1988 of 28 December 1988, which is to regulate local farms, increased by the application of a coefficient of 5 per 100.
To this end, it is understood that the cadastral values provided for in the first paragraph of the second transitional provision of Law 39/1988, are those that have been effective, in the field of the Urban Territorial Contribution for 1989, and those resulting from capitalizing on the 3 per 100 the liquidable bases applied in the levy on the Rustic and Pequaria Territorial Contribution for the same period.
Two. Article 64 (k) of Law 39/1988 is amended, which is worded as follows:
(k) Goods of an urban nature whose tax base is less than 100 000 pesetas, as well as those of a rustic nature, where for each taxable person the taxable amount corresponding to all his or her rustic goods in the municipality is less than 200,000 pesetas. These limits may be amended in the General Budget Law for each year. "
Three. Article 73 (6) of Law 39/1988 is amended. which is worded in the following terms:
" 6. In the Municipalities in which revisions or modifications of the cadastral values are entered into force in accordance with the provisions of the preceding Articles, or in those other than those in which such revisions have entered into force and have effects on the protection As provided for in paragraph 1 of the second transitional provision, the respective Councils may, for a maximum period of three years after the entry into force of the said amendment or revision, reduce the general charge rates. referred to in paragraph 2 above, up to a quarter. '
Four. A paragraph 5 is added to the second transitional provision of Law 39/1988, with the following wording:
" 5. With exclusive effects for the 1990 tax period, the tax systems for which the tax authorities, in accordance with the provisions of Article 73.6, reduce the general tax rates on immovable property which must be applied in the said period, shall be published, in the terms provided for in Article 17.4 of this Law, before 1 April of that year.
With the same scope as that provided for in the preceding paragraph, and for cases where the extension is made use of the same, the time limit for the development of the provision is extended by two months. Article 2 (1) of this Law, in so far as it relates to the communication to the State Administration of the discharge of the duties of the tax administration of the tax on immovable property, as in the case of the communication of the relevant types of charges. "
Art. 30. Tax Licensing.
As of 1 January 1990, the quotas of the Tax Licenses of Commercial and Industrial Activities and of Professionals and Artists, in force on 31 December 1989, are raised by 7 per 100.
The minimum fee for the Commercial and Industrial Activities Tax License will be for 1990 of 4,720 pesetas.
The minimum fee for the Tax License for Professional and Artist Activities will be 7.867 pesetas for 1990.
Art. 31. Municipal Tax on Radication.
As of 1 January 1990, and for the purposes of the Municipal Tax on Radication, the scale of correction coefficients is modified according to the new quotas of the Tax Licences of Commercial Activities and Professionals and Artists, resulting from the increase of 7 per 100 established in the present Royal Decree-Law.
Art. 32. Tax benefits.
One. By way of derogation from the provisions of paragraph 1 of the ninth provision of Law No 39/1988, the tax benefits laid down by Law 12/1988 of 25 May 1988 on the taxation of the tax on the Universal exhibition Seville 1992, to the Memorial Acts of the Fifth Centenary of the Discovery of America and to the Olympic Games of Barcelona.
The granting of the tax benefits referred to in the preceding paragraph shall not give rise to the compensation provided for in paragraph 2 of the ninth provision and in Article 9 (2), both of Law 39/1988.
Two. Exempt from the payment of the Tax on Constructions, Installations and Works, the realization of any construction, installation or work of which the State, the Autonomous Communities or the Local Entities, which are subject to it, are owners, are to be directly destined for roads, railways, ports, airports, water works, sanitation of populations and their waste water, even if their management is carried out by Autonomous Bodies, whether they are works of new investment as a conservation investment.
With regard to the exemption referred to in the preceding paragraph, the provisions of Article 9 (2) of the Law No 39/88 of 28 May 1988 on the exemption provided for in Article 9 (2) shall not apply. December, regulating local farms.
CHAPTER II
Indirect Taxes
Section first. Tax on capital transfers and documented legal acts
Art. 33. Tax on capital transfers and documented legal acts.
One. As from 1 January 1990, point (j) of Article 10 (2) of the recast of the Law on the Tax on Proprietary Transmissions and Documented Legal Acts, approved by Royal Legislative Decree 3050/1980 of 30 December 1990, it is worded as follows:
" In the contracts of parks of rustic estates, it will serve as a base of 3 per 100 of the cadastral value assigned in the Tax on the Property of the property of the contract and in the references to factory establishments or industrial, one third of the average profit of the activity in the previous three years, multiplied, in both cases, by the number of years of the contract duration. "
Two. Article 48 (1) (B) of the Recast Text of the Tax on Heritage Transmissions and Documented Legal Acts shall be amended as follows:
" 20. The transfer of buildings to undertakings which normally carry out the leasing operations referred to in the seventh additional provision of Law 26/1988 of 29 July 1988 to be the subject of a lease with an option of purchase from person other than the transferor, where such transactions are exempt from Value Added Tax.
It will be a necessary requirement to be able to enjoy this benefit that there are no direct or indirect links, as provided for in article 16 of Law 61/1978 of 27 December of the Tax on Companies, between transmission, acquirer or lessee. '
Art. 34. Transmissions and re-ratings of titles and grits.
As of 1 January 1990, the scale attached to the first paragraph of Article 46 of the Recast Text of the Law on the Tax on Proprietary Transmissions and Documented Legal Acts, approved by the Royal Legislative Decree 3050/1980, of 30 December, will be as follows:
| Direct Transmissions | Cross-missions | Rehabilitation and recognition of titles | |
|---|---|---|---|
|
1. th For each title with greatness | 231,000 | 577,500 | 1.386,000 |
| 2. th For each untitled greatness | 165,000 | 412,500 | 990,000 |
| 3. For each title without greatness | 66,000 | 165,000 | 306,000 |
Second Value Added Tax Section
Art. 35. Transfer of business or professional assets.
Article 5 (1) of Law 30/1985 of 2 August of the Value Added Tax shall be amended as follows:
" 1. The following transmissions of goods and rights:
(a) the transfer of the entire business or professional assets of the taxable person, carried out in favour of a single acquirer, where the latter continues to carry out the same business or professional activities as transmit.
b) the transfer of the entire business or professional assets of the taxable person or of the property assets to one or more of the autonomous branches of the business or professional activity of the transferor; (a) the merger or division of undertakings to which the tax benefits provided for in Law 76/1980 are granted, of 26 December, provided that it is established in the file that it does not apply to the tax on the transmission of such benefits; distortions shall be caused in the normal operation of the same.
For the purposes set out in this letter, branch of activity shall be understood as defined in Article 15 (2) of Law 76/1980 of 26 December on the Tax Regime of Business Mergers.
(d) the transmission of "mortis causa" of all or part of the business or professional assets of the taxable person in favour of those acquirers who continue to pursue the same business activities or professional of the relay.
In any event, changes in the affectation of goods or rights that are disaffected from those business or professional activities that determine their non-attachment to the Tax will be subject to the Tax. "
Art. 36. Tax rates.
As of 1 January 1990, the precepts of Law 30/1985 of 2 August of the Value Added Tax, which are indicated below, will be amended as follows:
First. A new number 5 is added to Article 28, worded as follows:
" 5. The repair operations of the items referred to in No 1. paragraph 6. of this article. "
Second. Article 29 (1) (1), point (g) of Article 29 and paragraphs 2 and 4. of the same number shall be worded as follows:
1. Paragraph 1 (g):
" g) Vehicles acquired by the disabled for their exclusive use provided the following requirements are met:
1. º That at least four years have elapsed since the acquisition of another vehicle in similar conditions.
However, this requirement will not be required in case of total casualty of the vehicles, certified by the Insurance Company.
2. No that they are not the subject of a subsequent transmission by means of live acts within four years of the date of their acquisition.
Failure to comply with this requirement will determine the beneficiary's obligation to enter into the Public Finance the difference between the quota that it would have had to bear by application of the increased rate and the actual supported when performing the vehicle acquisition.
The application of the general tax rate will require the prior recognition of the right of the acquirer in the form determined by regulation, prior to the certification of the invalidity by the National Institute of Services Social. "
2. Paragraph 2. º:
"2."..............................................................
3. Paragraph 4. º:
" 4. Joyas, precious stones, natural or cultured pearls, objects made wholly or partly with gold or platinum, as well as fine jewellery containing precious stones, natural pearls or metal, even in the form of a bath or a plating:
Not included in the preceding paragraph:
(a) Objects containing gold or platinum in the form of bathed or plated with a thickness of less than 35 microns.
b) Damasquinates.
c) The objects of exclusive industrial, clinical or scientific application.
(d) Bullets not prepared for sale to the public, sheets, rods, scrap, bands, powder and tubes containing gold or platinum, provided they are all purchased by manufacturers, artisans or protesics for their purposes processing or by wholesale traders of such metals for exclusive sale to manufacturers, artisans or protesics.
e) Parts of incomplete manufactured goods or articles that are transferred between manufacturers for processing or subsequent processing.
(f) Jewellery And Jewelry Made Wholly Or Partially with Gold, without the incorporation of platinum, precious stones or natural pearls, the counter-performance of which does not exceed 100 000 pesetas, as well as commemorative coins legal tender.
In no case shall the special scheme for the surcharge of equivalence be applied in relation to the goods referred to in the preceding paragraph.
For purposes of this Tax are considered precious stones, exclusively, diamond, ruby, sapphire, emerald, aquamarine, opal and turquoise. "
Section 3. Excise Tax
Art. 37. Excise duties.
Law 45/1985 of 23 December of Special Taxes is hereby amended as from 1 January 1990 in the following terms:
First. Points (b) and (1) of Articles 16, 25 and 39 shall be drawn up as follows:
" (b) As a substitute for the taxpayer, the holders of the tax deposits referred to in Article 9 of this Law, where they are not manufacturers, processors or importers of the products introduced into the same. "
Second. Article 28 (2) shall be worded as follows:
" 2. The importation of the same, even contained in lubricating preparations. "
Third. Article 30 is amended as follows:
1. A new point (g) shall be added to paragraph 1, which shall be read as follows:
" The manufacture and import of gasolines and aviation kerosene intended for direct consumption by aircraft of public ownership or engaged in commercial aviation, where the provisions of this Regulation do not apply (d) above. "
2. A new paragraph is added to paragraph 2, with the following wording:
" The holders of industrial holdings who credit to the tax authorities the direct or indirect consumption of products covered by the tax on hydrocarbons in uses other than those of fuel, fuel or In the form and under the conditions laid down by law, the lubricant shall be entitled to the refund of the quotas paid for such products consumed from 1 January 1990. '
Fourth. Article 31 (1) (b), number 1, number 1 shall be worded as follows:
"1. The holders of the tax warehouses referred to in Article 9. of this Law, when they are not manufacturers or importers of the products introduced therein."
Fifth. Article 33, paragraph 1.
1. The headings below are amended as follows:
Heading 2.1.3. Lead automotive gasolines.
Heading 2.2.2. Other medium oils.
2. º The item 2.1.5 is created. Unleaded automotive gasolines.
3. The heading 2.2.3 is deleted.
Sixth. Article 34, paragraph 1.
The paragraphs relating to gas oils B and C will be worded as follows:
" Gasoline B: In the engines of tractors and agricultural machinery as well as in those of vessels and vessels other than sports or recreational or, in general, private use.
Diesel C: In fixed engines and in vessels and vessels other than sports or recreational vessels or in general for private use. "
Art. 38. Excise duty rates.
During the year 1990, the rates of excise duty will be in force during the year 1989, with the following changes:
One. Hydrocarbon tax:
Heading 2.1.3: 37 pesetas per litre.
Heading 2.1.5: 35 pesetas per litre.
Heading 2.2.1: 40 pesetas per litre.
Heading 2.2.2: 9 pesetas per litre.
Two. Tax on Tobacco Labours:
The "ad valorem" type applicable to black cigarettes will be 42 per 100.
CHAPTER III
Other Tributes
Art. 39. Fees.
One. For 1990, the rates of fixed amount of the rates of the State Treasury are raised to the amount resulting from the application of the coefficient 105 to the amount payable in 1989, taking into account the provisions of Article 104 of the Law 37/1988.
Rates that are the subject of specific updating in this Law, as well as those that had been updated by standards issued in 1989, are excepted from this elevation.
Those that are not determined by a percentage of the base or are not valued in currency units are considered as fixed rates.
Two. 1. As from 1 January 1990, the third paragraph of Article 3 (4) of Royal Decree-Law 16/1977 of 25 February 1977 on the criminal, administrative and tax aspects of games of luck, betting or gambling, shall be written as follows:
" Article 3. Fourth. Tax rates and fixed quotas.
One. Tax rates
a) The overall tax rate will be 20 per 100.
b) In gaming casinos the following fee will apply:
| Taxable Base Portion Between | Applicable Type |
|---|---|
|
0 and 300,000,000 | 35 |
| 300.000.001 and 600,000,000 | 42 |
|
More than 600,000,000 | 50 |
Two. Fixed quotas.
In cases of operation of machines or automatic devices suitable for the performance of the games, the quota shall be determined according to the classification of the machines carried out by the Regulation of Recreational Machines and Random approved by Royal Decree 877/1987 of 3 July, according to the following rules:
A) Type "B" or recreational machines with prize:
a) Annual quota: 141,750 pesetas.
(b) In the case of machines or automatic type "B" machines, in which two or more players can intervene simultaneously and whenever the game of each player is independent of the one performed by other players, the following quotas apply:
Two-player machines or appliances: Two quotas as provided for in point (a) above.
Machines or apparatus of three or more players: 288,750 pesetas, plus the result of multiplying by 1,050 the product of the number of players for the maximum price authorized for the game.
B) Machine type "C" or random:
Annual fee:
Five pesetas coin-operated machines: 157,500 pesetas.
25 pesetas mounted machines; 168,000 pesetas.
Machines driven by banknotes or other non-specified coins: 210,000 pesetas.
Three. Tax rates and quotas may be amended in the Budget Laws. "
2. In case of modification of the maximum price of 25 pesetas authorized for the departure in machines of type "B" or recreational with prize, the tax quota for 1990 of 141,750 pesetas of the tax rate on games of luck, send or chance, will increase in 10,500 pesetas for every five pesetas in which the new maximum authorised price exceeds 25.
If the change occurred after 1 January 1990, the taxable persons operating machinery with a permit from the date prior to the date on which the increase is authorized shall self-abolish and enter the difference between the the corresponding quota in the form and time limits to be determined by the Ministry of Economy and Finance.
By way of derogation from the preceding paragraph, the reverse charge shall be only 50 per 100 of the difference, if the modification of the maximum price authorised for the consignment occurs after 30 June 1990.
Three. As from 1 January 1990, the heading 'Bases and types' contained in the Annex to Law 24/1988 of 28 July 1988 on the Stock Market is read as follows:
" Bases and Types:
Tarifa 1. Registration of Brochures.
On the nominal value of emissions that determine the liability of the prospectus or on the equity of the Mobilia Investment Fund at the immediate date prior to which the prospectus is to be subject to authorisation: 0,35 per 1,000.
Fare 2. Public bids for acquisition or sale of securities.
On the nominal value of the maximum number of the securities to which the offer is extended and, in the case of no cap, on the nominal total of the securities constituting the subject of the offer: 0,35 per 1,000.
Tarifa 3. Enrollment and permanence in the administrative records of the Companies and Securities Agencies, Collective Investment Institutions, Institutions of Securities Institutions and Companies Management of Carteras.
By the registration of the Companies or Institutions: 0.5 per 1,000 of their share capital or equity, as applicable.
By the additional registration of mud that must be the subject of registration in the corresponding registers: 0,05 per 1,000 of the own resources or patrimony to the last day of the month preceding that of the agreement of registration of be treated.
By staying in the logs:
(a) Of Companies and Securities Agencies: 0,05 per 1,000 over the effective amount of the purchase and sale transactions of securities that they carry out on the Securities Exchanges on their own account, or on whose transmission they mediate.
b) Of the Collective Investment Institutions: 0.05 per 1,000 quarterly on the assets of the Mobilia Investment Company and on the equity of the Funds to the date of the accrual of the fee.
(c) Of the Management Entities and Management Companies: 0.1 per 1,000 quarterly on own resources at the date of the accrual of the fee. "
Four. The value of the radio reserve unit, set out in Article 104 (4) of Law 37/1988 of 38 December 1988, of the General Budget of the State for 1989, is hereby extended for 1990 for the purposes of determining the amount of the Fee charged for the reservation of radio public domain in favour of persons or entities other than public administrations.
Services of a public nature are considered to be for the provision of final telecommunication, carrier or broadcast services.
Five. The "Certificates of the Register of Companies" rate, which is validated and regulated in Decree 1034/1959, is deleted from 18 June.
TITLE VI
Of The Territorial Authorities
Art. 40. Of the Territorial Authorities.
It is extended, with the modifications that are set out below and by the amounts resulting from them, as provided for in Articles 108, 109, 111, 112, 113, 114 and 115 of Law 37/1988.
The modifications that the extended items experience are as follows:
1. The second and third paragraphs of Article 111 (1) are not extended.
2. The reference that Article 115 contains to the Annex to Section 33 of the State Budget for 1989 is understood as a reference to the corresponding Annex to the Extended Budgets.
3. The amounts to be collected pursuant to this Article shall be understood as those that may be established in the General Budget Law for 1990.
ADDITIONAL PROVISIONS
First. Extension of Additional Provisions.
The First Additional Provisions are extended. Two. Third and Sixth Two, of Law 37/1988.
Second. Of the appropriations carried over.
For the purposes of the first day of the financial year, the appropriations carried over to the budgetary and structural changes necessary to adjust the Organic and Economic Classification of these appropriations shall be added to the appropriations carried over. the administrative structure in force on 1 January 1990, and the budget provided for in the 1990 financial year.
Third. Enabling flood credits.
For the purpose of financing during the 1990 financial year the measures provided for in Royal Decree 1113/1989 of 15 September 1989 laying down urgent measures for the repair of damage caused by heavy rain Torrential floods and floods in the provinces of Albacete, Alicante, Almería, Castellón, Córdoba, Granada, Seville, Valencia and the Autonomous Communities of the Balearic Islands and the Region of Murcia, provide a credit for the budget Carried over by an amount of 19 billion pesetas in Section 31. "Expenses of various Ministries": Service 02. "Directorate-General for Budgets": Programme 633K, "Emergency actions in the event of natural disasters"; Concept 481, "Acts of any order arising from the application of Royal Decree 1113/1989 of 15 September 1989", the distribution of which is carried out by the Ministry of Economy and Finance, on the basis of the assessments approved by the inter-ministerial committee set up in Article 7 of the Royal Decree.
Fourth. From Social Security.
The obligations of the National Institute of Health generated up to 31 December 1988 and which have not been made effective on that date, as well as the part of the annual liquidation of Autonomous Communities with management transferred to the Ministry of Labour and Social Security before 1 July of this year in respect of the deviations produced by the payment of those obligations and whose expenditure files had been submitted by the said Institute to the Ministry of Labour and Social Security. 1989, they will be funded from the non-finalist concepts of the Social Security Budget.
Fifth. Variable deduction table.
The Minister of Economy and Finance, through the corresponding Ministerial Order, will publish the table of the variable deduction that incorporates the effects of the modifications made to the tariff and the deduction for taxation of the Income Tax of the Physical Persons.
Sixth. Tax regime for mergers and divisions of companies.
New wording is given with effect from January 1, 1990, to the following articles of Law 76/1980, of December 26, on Tax Regime of Business Mergers:
" Article 2. º
One. To the elect of this Law, the consideration of merger will be the operation by which:
(a) One or more companies transfer, as a result of their dissolution without liquidation, the set of their assets and liabilities to another pre-existing company, receiving their partners a number of securities representative of the share capital of the latter proportion to the value of their respective shares and, where appropriate, in order to adjust the exchange rate of the securities, a compensation in respect of money not exceeding 10 per 100 of the nominal of the titles attributed.
(b) Two or more companies transfer, as a result of their liquidation without liquidation, all of their assets and liabilities to a new company, receiving their members a number of representative securities of the share capital of the latter proportional to the value of their respective shares and, where appropriate, where appropriate to adjust the exchange rate of the securities, a compensation in respect of money not exceeding 10 per 100 of the nominal value of the shares titles attributed.
(c) A Company transfers, as a result of its liquidation without liquidation, the whole of its assets and liabilities to the Company which holds all the securities representing its share capital.
Two. The concept of securities representing the share capital shall include, where appropriate, the accounts representative of them.
Three. By way of derogation from the preceding number, they shall also have the consideration of merger operations, those in which companies are involved in liquidation which have not commenced the distribution of their assets between the shareholders or unit.
Four. The rules of this Law may also be applied, as appropriate, to the merger operations in which business assets belonging to natural persons are transferred, provided that the accounting requirement is met. refers to the Third Additional Disposition. "
" Article 4. º
One. The companies, entities and natural persons involved in the merger, shall form balance sheets, updated as appropriate, in order to collect the actual values of their assets which, in accordance with Article 235. b) of the Recast Text of the Law of Companies, approved by Royal Legislative Decree 1564/1989, of December 22, have to serve as the basis for determining the relationship of exchange of the titles.
The balance sheets shall relate to the day before the date from which, in accordance with the provisions of Article 235. (d) of the Recast Text of the Company Law, the operations of the companies that are extingan are considered to be realized, for accounting purposes, on behalf of the Company to which they transfer their assets and have to be verified by auditors of registered accounts, where there is an obligation to audit.
Two. Such balance sheets may be those referred to in Article 239.1 of that recast, provided that the conditions laid down in the preceding number are met.
Three. Updates and other corrections of value which are incorporated in the balance sheets referred to in the preceding numbers shall be checked by the Tax Inspectorate for tax purposes. "
" Article 5.
In accordance with the provisions of Article 21.1 (b) of Law 61/1978 of 27 December 1978, the merging companies and entities shall conclude the tax period on the dates of the balance sheets referred to in Article 4. before starting another from the next day.
Companies that are extant will conclude the tax period on the date of the final balance sheets formalized the day before the granting of the public writings of constitution by merger or absorption Commercial Register. This shall be without prejudice to any tax periods which may occur, where appropriate, by the normal closure of the financial years. '
" Article 13. º
One. They shall be granted a bonus of up to 99 per 100 of the quotas for the value of the value of the value of the Urban Nature Land, which shall be paid on the transfers made on the occasion of the merger operations under the This Law, provided that the respective City Council agrees with it.
Two. If the goods the transmission of which gave rise to the said bonus were to be completed within five years of the date of the registration of the public deed of incorporation by merger or acquisition, the amount of the bonus must be satisfied to the respective City Council, without prejudice to the payment corresponding to the said disposal.
Such an obligation will be on the Company or Entity that acquired the goods as a result of the merger operation. "
" Article 15. º
One. For the purposes of the above Article, the consideration of a division operation shall be that by which:
(a) A Company transfers, as a result of its liquidation without liquidation, the set of its assets and liabilities to two or more pre-existing or new companies, receiving its partners, according to a rule of law duly founded proportionality, securities representing the social capital of the companies benefiting from the contribution and possibly, where appropriate to adjust the exchange ratio of the securities, a compensation in respect of money which does not exceeds 10 per 100 of the nominal amount of the titles attributed.
(b) A company transfers, without dissolving the assets and liabilities affected by one or more branches of its activity to another company or other, new or pre-existing, receiving to deliver to its members, securities representative of the social capital of the companies benefiting from the contribution.
The allocation by the Company to its partners, as a duly founded rule, of the securities received from the Qualifying Companies, will determine the reduction of its capital and reserves in the amount necessary.
If the transferring company maintains the securities received from the receiving company on its equity without attributing it to its members by the reduction referred to in the preceding paragraph, the transaction shall not be qualified as a division of assets under the general tax regime.
Two. A branch of activity shall mean all the assets and liabilities of a part of a company which constitute, from the point of view of the organisation, an autonomous holding, that is to say, a whole capable of operating by its own means.
Three. By way of derogation from the preceding number, they shall be considered as a division of transactions, in which companies in liquidation are involved which have not commenced the distribution of their assets to the shareholders or members.
Four. Each branch of the split activity must have more than 50 per 100 of its assets, estimated in real values, affected business activities. The same proportion must be present in the assets of the assets of the pre-existing companies which are the target groups of the segregated branches of activity before the split operation and in which the company is retained after the necessary reduction of its capital and reserves.
Five. The pre-existing societies in which the segregated branches of activity are integrated, must carry out a similar or complementary activity to that developed by the split.
Six. In the event that the operation of a division of place to the creation of a new company is to be specified, in addition to the fulfilment of the requirements set out above, that the whole of the branches of activity transmitted constitute an asset in which more than 50 per 100 of your estimated asset in actual values is affected by similar or complementary business activities.
Seven. In companies which do not become extinct, the profits provided for in Article 10 shall only affect the capital gains of the assets that are transferred. '
Seventh. Tax regime for Olympic activities.
One. The Company "Barcelona Holding Olimpico, Sociedad Anonima", and the companies participating in the l00 per 100 by this company, will have, with effect to the date of the constitution of that and in the development of the activities that constitute their social object, the The same tax treatment as the "Barcelona Olympic Organizing Committee" 92. "Company Anonymous", has in accordance with the Additional Disposition First of Law 12/1988.
Two. 1. The Company "Cultural Olympiad, Sociedad Anónimico", will enjoy, in the tax on Societies, the same tax treatment as the Olympic Organizing Committee Barcelona 1992, in relation to the activities or operations of this company, whose performance and development are entrusted to you.
2. The rules contained in Articles 19, 23.1 and 24 of Law 12/1988, of 25 May, 'of Tax Benefits' shall apply to the transfer of profits made to 'Cultural Olympiad, Sociedad Anonima' by entities or natural persons. relating to the Universal Exhibition Seville 1992, to the commemorative events of the V Centenary of the Discovery of America and to the Olympic Games Barcelona 1992 ".
3. The transfer of assets subject to the Tax on Proprietary Transmissions and Documented Legal Acts shall enjoy a bonus of 95 per 100 of the quota when the goods and rights are acquired, by the taxable person, to donate them, in a maximum period of six months, to "Cultural Olympiad, Company Anonymous".
4. The provisions of this provision shall cease in force on 10 August 1992, without prejudice to their application to the "Cultural Olympiad, Sociedad Anonima", for the period necessary for its complete liquidation.
Eighth. Tax regime for Cooperatives.
With effect for the tax periods starting from 1 January 1990, Article 6 (a) of the Tax Statute of Cooperatives, approved by Decree 888/1969 of 9 May, will be worded as follows: follows:
" (a) The Field Cooperatives that associate for the purposes of these Entities, as defined by the legislation in force, to farmers or ranchers, provided that the tax base of the Property tax relating to immovable property of a rustic nature which may be used or operated by each partner within the geographical outline to which the cooperative activity of the respective social entity is established. Where the holding of independent livestock holding partners is integrated into these Cooperative Cooperatives, it shall not exceed 300,000 pesetas the taxable wealth which would have been the same for the Rustic and Pequaria Contribution in 1989, within the same geographical outline.
For the purposes of applying these limits, when they appear as partners of these Entities other Cooperatives or Agricultural Societies of Transformation for the same purpose, the taxable bases corresponding to the rustic estates or the taxable wealth which would have been paid to the holding holdings independent of them shall be charged to each of the partners in the proportion which they legally correspond to them.
By way of exception, the number of members who exceed the previous limits will be allowed, provided that the number of members does not exceed 5 percent of those of the Cooperative, and also that the taxable bases of the rustic farms or the the taxable wealth corresponding to the livestock holdings of the holdings does not exceed 25 per 100 of the total corresponding to the farms or livestock holdings of the members. "
Ninth. General adaptation of the tax system to the entry into force of the Local Law Regulatory Law.
As of 1 January 1990, the references contained in the regulations of the taxes to the Urban and Rustic and Pequaria Territorial Contributions, and to the Municipal Tax on the Increase of the Value of the Land shall be understood, respectively, to the Property Tax and the Tax on the Increase in the Value of the Land of Urban Nature, provided that they are compatible with the provisions of Law 39/1988 of 28 December 1988, (a) Regulation (s) of the European Parliament and of the Council of the European Parliament and of the Council ninth.
10th. Tax allocation for religious and other purposes.
The percentage referred to in paragraph 3 of the fifth additional provision of Law No 33/1987 of 23 December 1987 on the General Budget of the State for 1988, applicable in the declarations relating to the period 1989 tax, will be 0.5239 per 100.
11th. Scope of the extension period.
Except as otherwise provided, the period of extension of the articles and provisions of Law 37/1988, referred to in this Royal Decree-Law, extends from the date of the entry into force of this Law to the publication in the "Official State Gazette" of the Law approving the next General Budget of the State.
12th. Formulation of abbreviated annual accounts.
One. For the first two social exercises closed after 30 June 1990, they may make Balance and Short-term Memory or Loss and Short-income Account, the Companies which, at the closing date of that financial year, comply with the requirements laid down in Articles 181 and 190 respectively of the recast of the Law on Companies, approved by Royal Decree-Law 1564/1989 of 22 December 1989.
Two. The abbreviated report referred to in Article 201 of the consolidated text of the Law on Limited Companies shall contain, in addition to the particulars specified therein, the thirteenth indication of Article 200 of that recast text.
13th. Regulation of transfer in cases of transformation, merger or division.
Article 31 (4) of the recast text of the Urban Leases Act, adopted by Decree of 24 December 1964, is worded as follows:
"It shall not be deemed to cause the transfer in cases of transformation, merger or division of public or private Companies or Entities, but the lessor shall be entitled to raise the rent as if the transfer had occurred."
Fourteenth. Membership scheme of the spouses in Social Security.
Article 7 (2) of the recast text of the General Law on Social Security, adopted by Decree 2065/1974 of 30 May 1974, is worded as follows:
" For the purposes of the foregoing number, no account shall be taken of employed persons, unless proof to the contrary: the spouse, descendants, ascendants and other relatives of the employer, by consanguinity or affinity and, where appropriate, by adoption up to the second degree inclusive, occupied in their centre or workplaces, when they live in their home and are in their care. "
TRANSIENT PROVISIONS
First. Extension of transitional provisions.
The provisions of the first and second transitional provisions are extended, with the increase provided for in Article 4. º, one, third, ninth and eleventh of Law 37/1988.
Second. Update of the MUNPAL listing basis.
The basis for listing the staff referred to in the eighth, one, and (A) transitional provision of Law 37/1988 is increased by 5 per 100. Such an increase shall take account of the fact that, where appropriate, it may be established by the Law approving the 1990 budget.
Third. Transitional arrangements for mergers and divisions.
The validly agreed merger and division operations, the tax benefits of which have been requested by the Ministry and the Economy and Finance prior to 1 January 1990, will be governed by the provisions of the Law 76/1980, of 26 December, and its Regulation approved by Royal Decree 2182/1981 of 24 July, without taking into account the modifications introduced in this Royal Decree-Law.
Fourth. Transitional arrangements for annual accounts.
The rules on the annual accounts of business owners and companies in Law 19/1989 of 25 July 1989 on the partial reform and adaptation of commercial law to the directives of the Economic Community European (EEC) in the field of Societies and in the recast text of the Law of Companies, approved by Royal Legislative Decree 1564/1989, of 22 December 1989, will not apply to the annual accounts corresponding to those exercises whose the date of closure is before 1 July 1990, which shall be drawn up in accordance with the previous legislation. However, those accounts, where they relate to limited liability companies or shares, shall be deposited in the Trade Register in accordance with the provisions of Articles 218 to 221 of the recast text of the Law of Companies Anonymous.
FINAL PROVISIONS
First. Extension of final provisions.
The authorization provided for in the sixth final provision of Law 37/1988 is hereby extended.
Second. Offer of residual public employment.
The Government is authorised to call for selective access tests to fill vacancies in the job offer of staff at the service of the State Administration for 1989, on account of the job offer to be approved. by the Government after the adoption of the General State Budget Law for 1990.
Third. Credit rating to meet pre-contracted expenditure commitments from future financial years.
In order to be able to meet from 1 January 1990 the needs arising from the acquisition in 1989 of commitments of expenditure for the 1990 financial year, as set out in Annex VIII, ' Commitments of expenditure for In the case of future financial years ", of Law 37/1988, and of those authorized by the Council of Ministers, on the basis of the provisions of Article 61 of the recast text of the General Budget Law, the carry-over of the appropriations as set out in Annex II.
Fourth. Entry into force.
This Royal Decree-law will enter into force on January 1, 1990.
Given in Madrid at December 29, 1989.
JOHN CARLOS R.
The Minister of Economy and Finance
CARLOS SOLCHAGA CATALAN
ANNEX I
Credit operations authorized to Autonomous Bodies and Public Entes
|
| Pesetas | ||
|---|---|---|---|
|
Ministry of Defense |
| ||
|
Military Building Service | 310,000,000 | ||
|
| |||
| 85,051,000,000 | |||
| Official Credit Institute | 154.445,000,000 | ||
|
| |||
| Patronate Civil Guard Housing | 409,036,000 | ||
|
| |||
| 160,000,000,000 | |||
| Ministry of Agriculture, Fisheries and Food |
| ||
|
Institute of Agrarian Reform and Development
| 11.682,000,000 | ||
|
Conservation of Nature | 12,500,000,000 |
ANNEX II
Credits that are enabled to meet pre-contracted spending commitments from future exercises
| of Justice | ||
|
Application | Detail | Amount in pesetas |
|---|---|---|
|
13.03.142A.620 | Courts of Justice. |
|
|
| New Investment associated with operational operation of services | 1,621,000,000 |
|
Ministry of Works Public and Urbanism | ||
|
Application | Detail | Amount in pesetas |
| 17.04.513D.600 | Creating infrastructure roads. |
|
|
| New investment in infrastructure and goods intended for use general | 36.265.800,000 |
|
17.04.513D.610 | Creating road infrastructure. |
|
|
| Reorder investment in infrastructure and goods for general use | 10.601.300,000 |
|
17.06.512A.600 | Water resource management and infrastructure. |
|
|
| New investment in infrastructure and goods for general use | 8.172.392,000 |
|
17.06.512A.610 | Water resource management and infrastructure. |
|
|
| Reorder investment in infrastructure and goods for general use | 5,340,000,000 |
|
Ministry Transports, Tourism, and Communications | ||
|
Application | Detail | Amount in pesetas |
| 23.03.513A.601 | Land-transport infrastructure. |
|
|
| New Investment in Infrastructure and Goods for Use general | 6.412.731,000 |
|
23.03.515A.601 | Airport infrastructure. |
|
|
| New investment in infrastructure and goods for general use | >6.700,000,000 |
|
Application | Detail | Amount in pesetas |
|
21.203.533A.611 | Protecting and improving the natural environment. |
|
|
| Reorder Investment in Infrastructure and Goods intended for general use | 12.358.600,000 |
This credit increase will be financed by the borrowing operations authorized to the Agency in Annex II to this Royal Decree-Law.
