Key Benefits:
According to the Law approved by the Courts, I come to sanction:
I. Extraordinary Tax on the Heritage of Physical Persons
Article first.
An exceptional and transitional tax on the net worth of natural persons is established, as a direct tribute of a personal nature, which will be required throughout the Spanish territory.
Article 2.
The taxable fact of the tax is the property of all kinds of goods and the ownership of rights of economic content attributable to the taxable person, in accordance with the provisions of this Law, at the time of the accrual.
It shall be presumed that the assets and rights of all classes which belonged to the taxable person during the period elapsed from the first or, where applicable, previous accrual shall also be part of the estate, unless proof of transmission or reduction of assets.
Third item.
One. The following natural persons shall be liable for this tax:
(a) By personal obligation, those who have their domicile or habitual residence in Spanish territory. This obligation shall affect all goods and rights attributable to the taxable person in accordance with the provisions of this Law, whatever the place where the goods are located or the rights may be exercised.
(b) By actual obligation, natural persons who, without being included in the preceding letter, are holders of goods in Spanish territory or of rights which may be exercised in that territory.
Two. Representatives of foreign States accredited in Spain shall not be subject to personal obligation, subject to reciprocity, given the nature of the foreign taxes and not their denomination.
The requirement of the tax in accordance with the actual obligation to contribute shall not preclude the requirement of the tax.
Three. For the purposes of determining the habitual residence of taxable persons, the provisions of the General Tax on the Income of Physical Persons shall be subject to the provisions of this Regulation.
Four. By way of derogation, the subject under a real obligation who holds the Spanish nationality may choose between this scheme and the personal obligation, in which case they shall be taxed for the whole of their assets and rights.
Five. Without prejudice to the provisions of international treaties, the share of this tax shall be deducted, for the purpose of goods which they radiate and rights which may be exercised outside Spain, the quantity resulting from less than the following two:
(a) The effective amount of the foreign satisfaction, by reason of similar tax, for such goods and rights, and
b) The result of applying the effective average rate of the tax to the goods that they radiate and rights that may be exercised outside Spain.
Article 4.
One. Each person shall be taxed independently of any other person or Entity, except as provided in the following paragraphs.
Two. In the case of marriage in the economic system of legal society of ganancials or community of goods, the goods and rights belonging to the spouses and the conjugal society shall be accumulated in the person who has his administration, as well as the belonging to the unemancipated minor children.
When, without the mediation of divorce or legal separation, the economic regime of marriage outside the separation of goods, the accumulation of those belonging to both spouses will be practiced in the person of the husband, and if is unfit, in that of the woman, without prejudice to the apportionment of the levy, according to the assets of each spouse.
Three. The assets and rights of the entities referred to in Article thirty and three of the General Tax Law shall be attributed to the owners, partners or members, in accordance with the applicable law in each case, and if it does not include the Administration in feisty form, shall be attributed equally.
Article 5.
The tax base of the tax shall be the difference between the value of all the goods and rights attributable to the taxable person, in accordance with the above rules, and the amount of the debts credited per document public or by private document which meets the requirements of Article 1 (1) (2) or (2) of the Civil Code or otherwise justifies the existence of that Article.
Article 6.
The various components of the base will be valued as follows:
a) Goods of an urban nature shall be computed by their cadastral value, multiplied by the coefficients listed below, according to the year of implementation:
| Years | Coefficient | |
|---|---|---|
|
1968 to 1969 | ||
| to 1972 | ||
| 1973 |
1973 | |
|
1974 |
| |
| 1976 |
| |
However, when the cadastral income is less than four percent of the cadastral value, the goods will be computed by capitalizing to the four percent the cadastral income corresponding to the period in which the tax is due, without the application of the coefficients referred to in the preceding paragraph.
When the tax accrual exists in the taxpayer's assets of an urban nature that is outstanding for the purpose of the cadastral valuation, the acquisition value shall be estimated as the value of the same, without prejudice to the subsequent value checking and updating, if applicable.
(b) For goods of a rustic nature, the value of the taxable amount shall be the result of capitalizing on the taxable amount of the fixed quota for the rustic and livestock territorial contribution for the period in which the the tax is due.
When the result of the capitalization referred to in the preceding paragraph determines, for agricultural holdings belonging to the same owner, a value of more than seven million five hundred thousand pesetas, the excess that quantity, for the purposes of valuing the property, shall be multiplied by the coefficient three.
The criterion set out in the first paragraph shall be applicable in any case for the assessment of livestock in the case of independent livestock farming.
The declaration of a catastrophic zone with reference to a period shall determine the non-inclusion of the rustic assets concerned in the valuation of the assets for the purposes of the tax corresponding to that period.
(c) In the case of goods and rights belonging to natural persons affected by activities subject to the license fee of the Industrial Tax, their value shall be determined by the difference between the actual asset and the obligations to with third parties.
(d) Current account deposits, savings or time-limits which are not on behalf of third parties, shall be computed by the weighted average balance that they shed, referred to in the last year preceding the date of accrual of the charge.
For the calculation of the average balance, no consideration shall be given to the amounts that would have been allocated to the acquisition of assets and rights that are included in the assets of the taxable person or the cancellation or reduction of debts.
The average balances of the multiple entitlement accounts shall be prorated equally among the co-holders, unless they have established a different proportion.
Deposit certificates or equivalent documents shall be computed at their nominal value. For these purposes, these securities shall be charged to the estate of the latter to whose name they appear in the register of the issuing Bank, unless it proves that there is another holder at the time of the tax accrual.
e) Life insurance shall be computed by its redemption value at the time of the tax accrual.
(f) The shares in the share capital of legal entities whose shares are listed on the stock exchange shall be valued according to the average price of the last immediate quarter prior to the accrual of this tax. In other cases, the valuation of the units shall be that derived from the theoretical value of the units resulting from the last approved balance sheet.
The securities of the Public Debt, bonds and Caja bonds that are listed on the Stock Exchange will be valued according to the average price of the last quarter of the last quarter prior to the accrual of this tax. Any other obligation, benefit or right of credit for Public or Private Debt shall be valued at its nominal value.
g) The shares in the share capital of investment companies that are not listed on the stock exchange shall be computed by the liquidative value of those holdings, by valuing the assets referred to in the first paragraph of the (f) and which are included in the company's balance sheet, by the average price of the last immediate quarter prior to the accrual of this tax, and the remainder of the assets, in accordance with the other rules set out in this Act.
Shares in equity investment funds shall be valued at the settlement value in force on the date of the accrual of this Tax.
(h) The domestic household shall be estimated at the following values in respect of the rest of the equity:
-Three percent of the equity part with values ranging from zero to twenty million pesetas.
-Five percent in excess of twenty million pesetas.
In both cases, the jewels, works of art, automobiles or vessels shall be included as soon as their unit value does not exceed two hundred and fifty thousand pesetas.
i) The value of other assets and rights attributable to the taxable person and not explicitly included among the foregoing shall be the market.
j) One. The declared urban buildings are exempt from this tax and are individually historical and artistic monument.
Two. Works of art which comply with the cultural dissemination purposes which are regulated by the Ministries of Finance and Culture shall also be exempt.
k) Debts shall be valued at their nominal value at the date of the accrual of the charge.
For the purposes of determining the net worth, the creditor balances at 30 and one December of the current accounts and other bank deposits shall be applied to the debts, and the remainder, if any, shall be valued for the average balance that arroje, in accordance with the provisions of paragraph (d) above.
In the cases of actual obligation to contribute, only debts that affect the high property in Spanish territory or the rights that may be exercised shall be deducted.
(l) In the case of split ownership or actual rights of enjoyment, the valuation of the rights shall be based on the value of the property, estimated in accordance with the rules laid down in other paragraphs of this In accordance with the rules laid down in the legislation of inheritance taxes, the transfer of assets and legal acts documented.
(m) The conflicting expert assessment referred to in the General Tax Law shall apply only to the goods referred to in paragraph (i).
Item seventh.
One. In the case of a personal obligation, the tax base shall be reduced by 4 million pesetas, as a minimum free of duty.
In the case of marriage, provided that no divorce or legal separation is ruled out, the minimum exempt will be six million pesetas.
Two. For each child under the age of 25, with the right to tax relief in the General Income Tax, five hundred thousand pesetas will be reduced from the tax base.
For every invident son, big maimed or great physically or mentally, or subnormal, entitled to relief in the General Income Tax, the tax base will be reduced by one million pesetas.
Article 8.
The extraordinary tax on the assets of natural persons shall be payable on the last day of each calendar year.
Article ninth.
The liquidable basis will be taxed at the following scale types:
| Rate Type | ||
|---|---|---|
|
0 and 25 million | 0.20 | |
|
25 and 50 million | ||
| 50 and 100 million | ||
| 100 and 250 million | ||
|
250 and 500 million | ||
| 500 and 1 billion | ||
| 1,000 and 1.5 billion | ||
|
1,500 and 2.5 billion | 1.70 | |
|
More than 2.5 billion |
Article ten.
This tax will not be considered tax on account of the General Tax on the Income of the Physical Persons nor of expenditure finally deductible.
Item eleven.
They will be required to present a declaration, to practice their self-validation and, if necessary, to enter the tax:
(a) The natural persons whose taxable base, determined in accordance with the above rules, is more than four million pesetas.
(b) Natural persons subject to the actual obligation to contribute, and
c) Who are required to do so by the Administration.
Article 12.
Tax Juries will be competent to resolve disputes arising between the Administration and the taxpayer on matters of fact arising out of the application of the present tax.
II. Extraordinary tax on certain personal income income
Article thirteen.
One. An exceptional and transitional tax is imposed on the income of the personal work of the Presidents and Vocals of the Boards of Directors and Boards which do their times, and on the other income, as soon as they exceed seven hundred and fifty thousand. pesetas.
Two. For the financial year of a thousand nine hundred and seventy-eight, the minimum exempt from the Tax on the Income of Personal Work is raised to a hundred and seventy thousand pesetas, for married persons who receive an annual remuneration of less than three hundred. fifteen thousand pesetas.
Three. For each child entitled to relief in the Income Tax of the Physical Persons, the minimum indicated in the preceding number shall be raised, for the said financial year, in twenty thousand pesetas.
Article fourteen.
The present extraordinary tax will be governed by the provisions of this Law, by the provisions that regulate it and by the regulations of the Tax on Personal Work, as soon as they are applicable.
Article fifteen.
One. The taxable amount shall be fixed in accordance with the rules of the Tax on Personal Work, except in the cases of independent professionals and artists, in which it shall be determined by difference between the revenue and expenditure actual required for obtaining those.
Two. For the purposes of determining the taxable amount of this tax, the taxable bases resulting from all their remuneration, including the special provisions contained in Article 70 and seven of the text, shall be cumulated in the taxable person. recast of the Personal Work Income Tax, with the exception of those contained in its paragraph (a).
Three. In order to obtain the liquidable basis of this tax, the taxable amount will be reduced by the amount of fifty thousand pesetas for each child who is entitled to the corresponding relief in the General Tax on Income and a hundred thousand pesetas in case of being invident, large mutilated, great physically or mentally or subnormal.
Article sixteen.
The tax referred to in this Law shall apply to the part exceeding 700 thousand pesetas per year, according to the following scale:
| Rate Type | |
|---|---|
|
and 1,000,000 | 2 |
| 1,000,000 and 2,000,000 |
4 |
|
2,000,000 and 5,000,000 | 6 |
|
More 5,000,000 | 8 |
Article seventeen.
For the purposes of this tax, to the remuneration of the President and Vocals of the Boards of Directors and Boards that do their times, whatever their nature and amount, the rate of ten shall be applied to them. percent.
Article eighteen.
In the case of taxpayers who receive remuneration from various companies or entities, they shall be liable, for the purposes of this tax, for the difference that is made by virtue of the accumulation of remunerations to determine the minimum exempt.
Article nineteen.
This tax will always be borne by the taxable person who is the recipient of the income which is taxed, and the agreements which are intended to make the amount of the same in the natural or legal person payable are ineffective. deduction of the Personal Work Income Tax or any other tax.
Article twenty.
This extraordinary income tax on certain work income shall not be deductible from the income tax rate of the Physical Persons nor shall be the consideration of fiscally deductible expenses.
III. Luxury tax
Item twenty-one.
One. Article 30 (3) (a), (b), first subparagraph, of the recast of the Tax on Luxury, approved by the Decree three thousand and eighty thousand nine hundred and sixty-six, of 22 December, shall be drawn up as follows: form:
" (b) All kinds of beverages packaged and branded not included in the previous paragraph, the selling price of which is higher than the cost of the pesetas litre.
The concentrated syrups whose use by the consumer must be made by the addition of another liquid, fruit and vegetable juices and nectars, all products shall not be considered as falling within this paragraph. horticultural, whatever its packaging, having a liquid form, milk and its derviates and table waters without additions of other products. '
Two. Article seventeen (C), first, of the recast of the Tax on the Luxury, approved by Decree three thousand and eighty thousand nine hundred and sixty-six, of twenty-two December, will be worded as follows:
" One. The tax will be required according to the bases and rates indicated at the following tariff:
|
| Percentage | |
|---|---|---|
|
up to 8 C. V |
17.6 | |
|
from 8 C. V., inclusive, to 13 C. V. | 22 | |
| Vehicles from 13 C. V., inclusive, onwards | 35 " |
Article 22.
Paragraphs (a) and (b) of Article 30 (B) and three of the same recast text shall be drawn up as follows:
" (a) Beverages referred to in point (a) of point (a):
One. At sixty per cent, when their price in origin is higher than two hundred pesetas the litre.
Two. Thirty per cent, when their price at source is equal to or greater than one hundred and twenty-five pesetas the litre and does not exceed two hundred pesetas the litre.
Three. At twenty per cent, when your selling price at source is less than one hundred and twenty-five pesetas the litre.
(b) Beverages referred to in point (a) (b):
One. At twenty-six per cent, when their price in origin is over a hundred pesetas the litre.
Two. Twenty per cent, when their price is greater than sixty pesetas the litre without exceeding one hundred pesetas the litre. '
Article twenty-three.
Article thirty-four, (G), one, (b), of the recast text of the Luxury Tax shall be worded as follows:
" (b) The use or possession of private-owned tourism aircraft shall pay a patent of Class B, in accordance with the following tariff.
|
| Pesetas by C. V. |
|---|---|
|
Tourism Aircraft particular | 3,000 |
| If they are dedicated exclusively to the teaching or training of Pilots in aero occlusion | 100. " |
Article 24.
Article thirty-four, (G), one, (c), of the same recast text shall have the following wording:
|
| " By meters |
|---|---|
|
ships: |
|
|
to seven meters in length | Exentos |
|
than seven meters up to 10 meters in length | 500 ptas/m. |
| More than 10 meters up to 12 meters in length | 1,000 ptas/m. |
|
than 12 meters up to 14 meters in length | 1,750 ptas/m. |
|
than 14 meters in length | 2,500 ptas/m. |
|
| By C. V. prosecutors | |
|---|---|---|
| ships: |
| |
|
motors fixed up to 10 C. V., inclusive | 500 | |
|
more than three years of use | 250 | |
|
Fixed New Engines of more than 10 C. V. up to 20 C. V. | 1,000 | |
|
more than three years of use | 500 | |
|
fixed engines over 20 C. V. | 2,000 | |
|
over three years of use | 1,000 | |
|
Outboard Engines | 700 | |
| Previous more than three years of use | 350 |
The auxiliary engines of the vessels will be taxed by the scale corresponding to the motor boats, with a fifty percent reduction in the quotas. "
IV. Fiscal promotion to employment
Article 25.
One. The Tax Promotion of Employment is created, under which, the natural persons subject to the Fee of Benefits of Industrial Tax, to the proportional quota of the Territorial Contribution Rustic and Pequaria and the Entities subject to the Tax on Companies may deduct from the fees of the respective taxes 20% of the remuneration corresponding to each new job effectively increased, provided that their remuneration does not exceed two hundred and fifty per cent of the minimum wage.
Two. Annual employment is defined as effectively increasing the number of men/year in which the taxable persons mentioned have increased the number of staff employed in the twelve months following the entry into force of the Act, in respect of the 12 months. previous months.
Three. The contracts referred to in this Article shall be made in writing, and the copy of the contract to the Office for Placement and Employment of the relevant demarcation shall be sent within five days.
Four. The provisions of this Article shall apply to all undertakings which employ permanent or temporary workers for more than six months, who are in a situation of unemployment.
Five. The deduction referred to in this article will be raised to forty per cent in the event that the jobs are created in those provinces which during the first half of a thousand nine hundred and seventy-seven have had a level of unemployment, in relation to its working population, higher than the national average.
Six. The deduction laid down in the preceding number may be applied, by agreement of the Minister of Finance and at the request of the natural person or the employer of the job, provided that it is justified that the new employment has been created in a depressed area where the lack of jobs is causing emigration and population decline.
Article twenty-six.
The share of the tax promotion to employment that cannot be absorbed in the first settlement after the end of the year of calculation can only be carried out in the liquidation of the following year.
In the case of paragraphs five and six of the previous article, this calculation may be carried out in the liquidation of the following four years.
Article twenty-seven.
The natural persons subject to the profit share of the Industrial Tax and the Entities subject to the Company Tax may allocate to the Investment Forecast Fund, under the conditions set out in the the continuation and in the two balance sheets that are closed after the entry into force of this Law, the totality of the benefit that is not object of distribution.
To do this, the following conditions must be met:
(a) That the person or entity is excluded from the overall assessment regime or resigns within one month from the date of entry into force of this Law.
(b) To make the actual investment of the fund in assets falling within the meaning of paragraphs (B), (C), (E), (F), (G), (H), (J), (K) and (L) of Article 40 of the Decree of 23 December 2000 and 7, which are to be signed on a firm basis in the period between the entry into force of this Law and six months after the date of the balance sheet in which the deduction is applied.
(c) The works and supplies are completed and the total investment made within two years from the date of the balance sheet in which the deduction is made.
d) That the investment represents a gross minimum increase of staff of an employee for every one million five hundred thousand pesetas deducted, an increase that will be computed at the moment of the total realization of the investment in relation to the existing template at the time of publication of this Act.
e) That the Company's template does not suffer gross reductions in the five years following the date of the entry into force of this Act.
The redemptions of the goods in which the forecast agreed in this article materializes shall not be reinvested to have the consideration of fiscally deductible expenditure.
The envelopes to the legal reserve shall be of a non-distributed benefit character for the purposes provided for in this provision.
The contracts referred to in paragraph (b) above shall be submitted for settlement within the regulatory period in order to be entitled to the reduction set out therein, accompanied by three copies as per the The management office of the Tax of Heritage Transmissions will be sent to the corresponding General Tax on the Traffic of the Enterprises, Tax on the Rent of the Capital and Tax on the Res of the Personal Work. The same shall be done with any amendments, covenants on price revisions, etc., which relate to contracts first submitted for settlement.
With the requirements set out in this Article, and for the purposes of the reduction in the tax base at the established time, individual and social enterprises may submit within six months of the entry into force of this Article. of this Law, an advance investment plan of future allocations to the forecast for investments, endowments that will be able to be realized during the five balance sheets that are closed after the entry into force of this Law.
Article twenty-eight.
Natural persons and companies seeking to benefit from the promotion of employment, as set out in Articles 25 and 27 of this Law, will have to opt for one or the other.
The system governed by Article 25 shall be compatible with the general scheme of the Investment Forecast Fund and any other investment tax incentive.
Article twenty-nine.
The promotion of tax on employment regulated in Articles 25 and 26 shall apply, in the financial year of a thousand nine hundred and seventy-eight, to the increase in the number of men/year that occurs during the 12 months following the publication of this Act.
V. Voluntary regularisation of the tax situation
Article thirty.
One. The taxable persons of the General Tax on the Income of the Physical Persons may, within the first quarter of a thousand nine hundred and seventy-eight, voluntarily regularize their tax situation for the income received in the year thousand nine hundred Seventy-six, by presenting the timely statement.
Two. The quotas resulting from this regularisation by the expressed tax shall not be subject to any penalty or surcharge.
Three. Nor shall the fees which, where appropriate, be settled by the general income tax on income, be subject to penalty or surcharge.
Article thirty-one.
With the limits of valuation and the justification set out in Article 13 of the recast of the Law of Regulations of Balances, of two of July of one thousand nine hundred and sixty-four, the Companies subject to the Taxes on Companies and Industrial-Share of Benefits may, with exemption from any taxes, levies and responsibilities of any order in front of the Administration, and within the period that I mediate between the publication of this Law and the thirty of June of a thousand nine hundred and seventy-eight:
(a) Make it appear in accounts, provided that it does not contain any figures, assets and rights representing real assets, both fixed and circulating, as well as obligations for third parties.
b) Incorporate accounting of the portion of the cost of real assets hidden at the time of acquisition.
c) Eliminate asset accounts that, however, are not actual content, are included in accounting as a result of accounting irregularities, as well as fictitious liability accounts that correspond to non-existent debts.
Hidden goods, rights and obligations must effectively exist at the date of entry into force of this Act.
The goods and rights affected by the regularisation referred to in this Title may be disposed of at any time, without any further increase in value, for the purposes of the Corporate Tax or Tax. Industrial-profit quota, which results from the difference between the regularised and its disposal, determined in accordance with the rules of the corresponding tax.
The exemption referred to in this article will include all direct and indirect taxes, the income of which is due to the Company that will regulate its balance sheet, up to the date of the first balance sheet that is closed with after the entry into force of this Law, the balance sheet in which the regularisation operations are carried out shall be carried out.
Article thirty-two.
The veracity of the declarations for the year one thousand nine hundred and seventy-six, both originating and complementary to those referred to in the first paragraph of Article 30, once verified by the regulatory action shall determine the cancellation of the records held by the taxable person for the purposes of the recidivism provided for in Article 80 and one of the General Tax Law, as well as the non-imposition of the penalties, in their case, from the non-prescribed exercises pending final settlement in the General Tax on the Income of the Physical Persons and on their taxes on account, at the time of entry into force of this Law.
Article thirty-three.
Information relating to new sources of income, property, external signs, and family or personal circumstances that become apparent as a result of statements made under the regularisation as referred to in the foregoing articles, may not be used by the tax administration to modify the taxable bases of the Income Tax of the Physical Persons for the financial years completed before one of the January of a thousand nine hundred and seventy-six, when the taxable persons of the same have effected the regularisation referred to in the various Articles of this Chapter,
Article thirty-four.
The Ministry of Finance shall develop by regulatory means the conditions of exercise and the effects of this voluntary regularisation.
In particular, it shall determine the time and requirements for the capitalisation of the balance of the account arising from this regularisation, giving the rules for the application of the regularisation referred to in Article 30 and one, as long as the corresponding assumptions in the current rules on the regularization of balance sheets are not covered.
VI. Tax offence
Article thirty-five.
Chapter VI of Title III of book II of the Criminal Code shall be entitled "From Tax Crime". Article 300 19 of that legal body shall be worded as follows:
" One. It will be a criminal offence to defraud the state or local treasury by circumventing the payment of taxes or the illicit enjoyment of tax benefits in an amount equal to or greater than two million pesetas. It is understood that there is a desire to defraud in the case of untruths or substantial anomalies in the accounting and in the case of negative or obstruction to the investigative action of the tax administration.
The one who committed a crime will be punished in any case with a fine of up to six times the amount defrauded and, in addition, with greater arrest if the amount were between five and ten million and with a lesser prison for more than ten million. millions, provided that the amount defrauded exceeds the tenth part of the quota.
Two. The following rules shall be observed for determining the amount of the fraud referred to in the preceding paragraph:
(a) In the case of periodic taxes, the amount of the defrauded in each tax period shall be estimated as the amount.
If the tax period is less than twelve months, the amount of the defrauded will refer to the calendar year.
(b) In taxes which are not of a periodic nature, the amount shall be understood as referring to each of the various concepts for which a taxable event is liable to be wound up.
Three. Where the debtor of the fee defrauded or the holder of the tax advantage unlawfully obtained is a Company, Entity or Company, the offence shall be attributable to the Directors, Managers, Delegates or Persons who effectively exercise their administration, unless the absence of responsibility is demonstrated, in which case the imputation of the criminal act shall be made to the material author, without prejudice to the liability of the other members. "
Article thirty-six.
The knowledge of the causes of the tax crimes will be in the ordinary jurisdiction.
Article thirty-seven.
One. Tax crimes are only to be pursued at the request of the Administration, without the need for a complaint.
Two. Once they have acquired firmness the administrative actions and, in any case, when there has been a resolution of the Central Economic and Administrative Tribunal, the Delegate of Finance of the respective province, after report of the Subdelegate of Inspection and Chief Inspector, of the Tax, Real Estate or Customs Tax Administrator, according to the tax in question, and the State Attorney, must inform the Prosecutor's Office of the facts that are deemed to constitute tax offences committed in the field of their jurisdiction. If the facts affect several provinces, the jurisdiction shall be determined by reason of the domicile of the natural or legal person.
Three. In the defraudations of the local Haciendas it is up to the Mayors or the President of the Diputación, according to the cases, prior to the report of its Sections of Finance and the Attorney of the Impaired Corporation, to put to the knowledge of the Fiscal Ministry the facts that are considered to constitute tax crimes committed in the field of their respective jurisdictions and in the taxes, arbitrations and fees established in their favor.
VII. Tax avoidance through companies
Article thirty-eight.
As of the first financial year beginning after the entry into force of this Law, the investment companies would be able to move the shares of the company whose shares are not effectively listed on the stock exchange, and enjoy exemption in the tax on Companies within the meaning of Article 10 (H) of the recast text of the Companies Tax Act shall be taxed for that tax on the part of their benefit which is not the subject of distribution to their members.
These effects will not be included in the concept of non-distributed profit the allocations to the legal reserve, to the fluctuation of securities and to the one for the regulation of dividends, but the latter only in the minimum percentage set.
Article thirty-nine.
Article 17 of the Ministerial Order of 5 June 2000 is repealed, of which there are four hundred and sixty-four, for which the tax regime of the investment companies is to be governed, and the legal authorization on the basis of which it was issued.
Article forty.
One. The transfer of shares or social shares, received by the contributions of real estate made on the occasion of the formation of a company or the extension of its share capital, shall be taxed by the number one of the General Tax on Proprietary Transmissions and Documented Legal Acts, as the onerous transfer of real estate, provided that between the date of the transfer and the date of the transfer, a period of less than one year is measured.
Two. The transfer of shares or shares representing the capital of a company whose assets are more than 80% of the capital of a company whose assets are of a rustic or urban nature, provided that such shares or shares holdings exceed eighty percent of the share capital, will be taxed by the number one of the rate of the General Tax on Inheritance Transmissions and Documented Legal Acts, as onerous transmission of real estate.
Reglamentarily will determine the accumulation of onerous transmissions for the purposes of the 80 percent mentioned computation.
Three. In cases where the transfer of shares or units, as provided for in the preceding paragraphs, is carried out by a Change and Exchange Agent or a Collegiate Trade Corridor, any additional liquidations which may be carried out shall be carried out by the Competent liquidators in the manner in which they are regulated.
Four. Foreign companies, without permanent establishment in Spain, which are holders of immovable property, shall be taxed by the General Tax on the Income of Companies and other legal entities for the capital gains made manifest in the disposal of the goods concerned.
The provisions of the above paragraph shall be without prejudice to the application of existing Conventions to prevent international double taxation.
VIII. Banking secrecy and collaboration in tax management
Article forty-one.
Are fully subject to the duty of collaboration referred to in paragraph one of the article one hundred and eleven of the General Tax Law, two hundred and thirty-thousand nine hundred and sixty-three, of twenty-eight December, the Banks, Savings banks, credit unions and any natural or legal persons engaged in the banking or credit traffic, without being able to exonerate themselves from that obligation under the provisions of paragraphs (b) and (c) of paragraph 2 of that paragraph. Article 40 and nine of the Code or in any other provision.
Article forty-two.
One. The tax investigation of the active and passive accounts and operations shall require the prior authorization of the Director-General of the Tax Inspectorate, the Director-General of Customs, the Director-General of the Accounting Office, the Courts Economic-Administrative, or Tax Jurors or Finance Delegates competent, for the purpose of the territory, in which the accounts and transactions to be investigated, the taxable persons concerned, the date on which the action is to be investigated shall be specified should be practiced and the scope of the investigation.
Two. The investigation shall be carried out either by means of certificates of the Entity or by the bank or credit bureau in which the account is opened or the deposit in question is lodged, in the presence of its Director, Chief or with the prior citation of the data subject.
Three. The data or information obtained from the investigation may be used only for the purposes of taxation and reporting of facts that may be the constitutive of monetary crimes, or of any other public crimes.
How many authorities and officials are aware of these data will be obliged to the strictest and most complete secrecy with respect to them, except in the cases cited, in which they will be limited to deducting the blame.
Without prejudice to any criminal and civil liability that may be applicable, the breach of this particular duty of stealth shall be deemed to be a very serious disciplinary offence.
Article forty-three.
For the purposes of the foregoing Article, the persons and entities referred to in Article forty and one shall be required to communicate to the Tax Administration, in the manner in which it is determined, the numbers of the active and passive accounts and deposits of transferable securities of their clients, with the indication of the identifying data of their respective holders.
Article forty-four.
The failure to comply with the obligations laid down in Articles forty and one and forty-three of this Law shall be considered to be in breach of Articles fifty-six and fifty-seven of the Law on Banking Management.
Article forty-five.
The duty of collaboration referred to in the foregoing Articles shall apply to the investigation of all active and passive operations of the Banks, Savings Banks and other Entities referred to in Article 40 and one, made from the day of entry into force of the Law. As a result, the assets and liabilities of the accounts on that date and the movements of accounts and other transactions that occur later may be investigated, as well as the documents and other records relating to the accounts. same.
IX. Other measures
Article forty-six.
The Minister of Finance is hereby authorized to regulate, for the purposes of Company or Industrial Taxes-Profit Fee, the compensation of differences occurring in the balances of the liability accounts representative of loans and credits in foreign currency, originated by the new peseta changes agreed by the Banco de España on the 13th of July of a thousand nine hundred and seventy-seven.
Article forty-seven.
One. The taxable persons of the General Tax on the Income of the Physical Persons shall be obliged to enter into payment account of the respective taxes sixty percent of the liquid quota corresponding to the previous year.
Two. Such payment on account shall be made by third parties in the months of September, December and March of each year.
Article forty-eight.
The Administration, within the first three months of the economic year following the one in which the declaration would have been produced, shall give publicity to the declared bases and the quota entered by the General Tax. on the Income of the Physical Persons and the Tax on Heritage.
Article forty-nine.
One. Companies and other legal entities subject to and not exempt from the Company Tax will be subject to the quota of the said tax at a transitional surcharge for the Treasury, which will consist of ten percent of the part of the liquidable base. that exceeds eight percent of the tax capital.
Two. This surcharge shall be required only for the profits corresponding to the first financial year which is closed from the first of December of a thousand nine hundred and seventy-seven, unless that year is less than 12 months, in which case it shall be subject to also the following year, but only on the portion of benefits that correspond proportionally to the time that will be missing to meet the twelve months.
TRANSIENT PROVISIONS
First.
In any case, the Heritage Tax will be understood to have been due for the first time on the thirtieth and one of December of a thousand nine hundred and seventy-seven.
Second.
The Extraordinary Tax on the Working Conditions referred to in this Law shall apply from one January of one thousand nine hundred and seventy-eight to thirty-one in December of a thousand nine hundred and seventy-eight.
Third.
The tax offence, regulated in Articles thirty and five to thirty-seven shall apply to the acts performed since the entry into force of this Law, relating to Tribute which is due after the referred to.
FINAL PROVISIONS
First.
The Minister of Finance is authorized to make the provisions and adopt the necessary measures for the implementation and development of this Law, as well as to adapt them, with the intervention of his Provincial Council and according to his private regime, to the province of Alava.
Second.
For the application of the taxes of this Law in Navarre, the provisions of the current Economic Convention will be in line with the harmonization of the common and foral tax regimes. The harmonisation provided for in the said Convention must be carried out within two months of the publication of this Law.
Third.
The taxes that are created in this Law will be applied in Ceuta and Melilla according to the law of twenty-two in December of a thousand nine hundred and fifty-five; in the article two hundred and twenty-nine, three, of the Law of Reform of the Tax System of eleven of June of one thousand nine hundred and sixty-four, and in the Decree one thousand eight hundred and ninety-one/thousand nine hundred and sixty-four, of eighteen of June.
Fourth.
The taxes referred to in this Law, and which are regulated by the one of twenty-two of July of a thousand nine hundred and seventy-two, which establishes the economic and fiscal regime of the Canary Islands, will accommodate, within the two months, as laid down in the latter rule and in its accompanying provisions.
Fifth.
This Act shall enter into force on the day following its publication.
REPEAL provisions
First.
The provisions of this Law shall be repealed as many provisions.
Second.
However, the crackdown on smuggling will continue to be regulated by its specific rules.
Dada en Madrid a fourteen de novembre de mil noveentas seventas y sevens.
JOHN CARLOS
The President of the Courts,
ANTONIO HERNANDEZ GIL
