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Order Hap / 2118/2015, Of October 9, In Which The Model 280 Is Approved, "annual Information Statement Savings Plans Long Term" And The Conditions And The Procedure For Submission, And Amending Order Of November 17 ...

Original Language Title: Orden HAP/2118/2015, de 9 de octubre, por la que se aprueba el modelo 280, "DeclaraciĆ³n informativa anual de Planes de Ahorro a Largo Plazo" y se establecen las condiciones y el procedimiento para su presentaciĆ³n, y se modifica la Orden de 17 de nov...

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TEXT

On November 28, 2014, it was published in the "Official State Gazette" Law 26/2014 of 27 November, amending Law 35/2006, of 28 November, of the Income Tax of Persons Physical, the recast text of the Non-Resident Income Tax Act, approved by the Royal Legislative Decree 5/2004, of March 5, and other tax rules.

In relation to the reform of the Income Tax on the Physical Persons, changes have been made to its regulations in order to encourage investment and stimulate the generation of savings. One of them is the creation of the Long Term Savings Plans, an instrument for small investors whose regulation is in the twenty-sixth additional provision of Law 35/2006 of 28 November of the Income Tax Physical Persons and partial modification of the laws of Taxes on Societies, on the Income of Non-Residents and on the Heritage. These are contracts that must be used through one or more individual life insurance referred to in paragraph 2 of that additional provision, called Individual Long-Term Savings Insurance (SIALP), or through the use of the deposits and financial contracts referred to in paragraph 3 of the same precept, integrated into an Individual Long Term Savings Account (CIALP). Thus, the main characteristic of the Long Term Savings Plans is the exemption of the positive returns on capital from the same, provided that the taxpayer does not make any provision of the resulting capital of the Plan before the end of the five-year period since its opening.

Another of the measures adopted for the same purpose is stated in Article 38 (3) of the Law on the Income Tax of the Physical Persons, excluding certain property gains. In particular, the reference points out that the property gains obtained by taxpayers over the age of 65 and arising from the transfer of assets may be excluded from taxation provided that the total amount obtained in the In the case of the transfer, up to a maximum of EUR 240,000, the constitution of a lifetime income secured in favour of it is set aside within six months. The total or partial anticipation of the economic rights derived from the insured life income determines the submission of the earned wealth gain. The additional requirements and limits for applying this exemption are set out in Article 42 of the Financial Income Tax Regulation, approved by Royal Decree 439/2007 of 30 March.

Following the entry into force of Royal Decree 633/2015 of 10 July amending the Income Tax Regulation of the Physical Persons, approved by Royal Decree 439/2007 of 30 March, and the Regulation of the Non-Resident Income Tax, approved by Royal Decree 1776/2004 of 30 July 2004, Article 69 (3) of the Income Tax Regulation of the Physical Persons provides that the insurance or credit institutions which The market for long-term savings plans will have to provide an information statement for those who have been the holders of such contracts during the financial year. Similarly, paragraph 4 of the same precept provides that insurance institutions which market the income for life referred to in Article 42 of the Income Tax Regulation of the Physical Persons shall submit, with annual character, an information statement in relation to its holders. For its part, paragraph 9 of the same precept has in relation to both obligations that the presentation of the information declaration will be carried out in the form and place established by the Minister of Finance and Public Administrations, who will be able to determine the procedure and the conditions in which it is to be presented in support directly readable by computer or by telematic means.

Moreover, the aforementioned Law 26/2014 has also modified the additional 40th of the Income Tax Law of the Physical Persons, pointing out that the income derived from the tax will not be subject to withholding tax. the provision for the contingency of incapacity covered by insurance, where it is perceived by the mortgage creditor of the taxpayer as a beneficiary of the insurance, with the obligation to write down all or part of the mortgage debt of the taxpayer taxpayer. For this reason, it is necessary to incorporate a new field into model 188, the annual summary of deductions and income on account of the Income Tax of the Physical Persons, the Tax on Societies and the Income Tax of Non-Residents for permanent establishments, in relation to the income or income of capital furnished from capital operations and of life insurance or invalidity contracts, in which the income obtained by the institution is reported in the event that the circumstances referred to in that provision are met.

In this way, in the exercise of the habilitation contained in Article 69 (9) of the Income Tax Regulation of the Physical Persons, and of the general collection in Article 30 (2) of the General Regulation of the actions and procedures of Tax Management and Inspection and of the development of the common rules of the procedures for the application of the taxes, approved by Royal Decree 1065/2007, of July 27, is necessary approve the model 280 "Annual Report of Long Term Savings Plans" as well as modify Model 188, which includes the withholding tax on capital income from capital transactions and life and invalidity insurance contracts, in order to incorporate the information relating to the constitution and, where appropriate, provision of the insured lifetime income referred to in Article 42 of the Income Tax Regulation of the Physical Persons as well as the income derived from insurance whose beneficiary is the creditor mortgage.

The ratings to the Minister of Economy and Finance included in the previous provisions should be understood as currently conferred on the Minister of Finance and Public Administrations, in accordance with the provisions of Article 5. and in the final provision of Royal Decree 1823/2011 of 21 December 2011, which restructured the ministerial departments.

In your virtue I have:

Article 1. Model 280 approval.

Model 280, "Annual Report of Long Term Savings Plans", as well as the record designs to which the files containing the information to be supplied will have to be adjusted. These designs are listed in the Annex to this Order.

The identifying number to appear in the model 280 shall be a sequential number whose first three digits correspond to code 280.

The identifying number to be included in the 280 model in the case of a replacement or supplementary declaration incorporating previously undeclared records shall be a sequential number whose first three digits shall correspond to code 280.

The submission of supplementary statements modifying the content of the data contained in another statement previously submitted and referring to the same financial year shall be made from the consultation service and modification of information statements, within the procedures associated with the model 280, which is available at the Electronic Headquarters of the State Administration of Tax Administration, in the electronic address https://www.agenciatributaria.gob.es https://www.agenciatributaria.gob.es. In this case, the supplementary declaration shall be identified by the electronic code of its presentation, with no identification number required.

Article 2. Required to present the model 280.

The model 280 shall be required by the insurance or credit institutions to market the Long Term Savings Plans defined in the additional 20th of the Law 35/2006 of 28 November of the Tax on the Income of Physical Persons.

Article 3. Object of the information.

The information defined in Article 69 (3) of the Income Tax Regulation shall be the subject of a declaration in model 280, in accordance with the designs set out in the Annex to this Order. Natural Persons, approved by Royal Decree 439/2007 of 30 March, in relation to each taxpayer of that Tax which, at any time of the year referred to in the information declaration, has been the holder of a Long Term Savings Plan marketed by the reporting credit or insurance institution.

Article 4. Deadline for submission.

The presentation of the model 280 shall be made during the month of February of each year, in relation to the information corresponding to the previous immediate calendar year.

Article 5. Forms of presentation of model 280.

1. The presentation of the model 280, 'Annual information declaration of long-term savings plans' shall be made in accordance with the provisions of Articles 12 (a) and 13 of the HAP/2194/2013 Order of 22 November 2013 laying down the procedures for and the general conditions for the submission of certain self-actions and information statements of a tax nature.

2. The electronic submission by the Internet of model 280 shall be made in accordance with the conditions and procedure laid down in Articles 16 and 17 of Order HAP/2194/2013 of 22 November 2013 governing the procedures and the general conditions for the submission of certain self-actions and information statements of a tax nature.

Single additional disposition. Information to be provided in Model 196 in relation to Long Term Savings Plans.

Information relating to the exempt income as defined in point (n) of Article 7 of Law 35/2006 of 28 November of the Income Tax on the Physical Persons derived from Long Term Savings Plans They are based on deposits and financial contracts integrated into an Individual Long Term Savings Account (CIALP), as well as negative capital returns that are obtained during its lifetime, will be included in the model 280 of Annual reporting of Long Term Savings Plans and should not be the subject of a declaration in the field 'MONEY PERCEPTIONS', which occupies positions 151 to 162 of the record of type 2, declared record, of model 196, approved by Order EHA/330 0/2008, of 7 November. This shall be without prejudice to the obligation to declare the remainder of the information required in model 196 in relation to the account through which the said Long Term Savings Plan is instructed, in which it shall be declared, also the return on capital of positive furniture and the corresponding retention generated by the provision of the amounts integrated in the Plan before 5 years have elapsed since its opening or for non-compliance with the limit of contributions to point (c) of paragraph 1 of the additional twentieth of the provisions of Law 35/2006.

Final disposition first. Amendment of the Order of 17 November 1999 approving the models 128, in pesetas and in euro, of declaration-income document and models 188, in pesetas and in euro, of the annual summary of withholding and income from the Tax on the Income of the Physical Persons, the Corporate Tax and the Income Tax on non-residents of permanent establishments, in relation to the income or income of the capital (a) the amount of the capital and the amount of the amount of the total amount of the capital. Logic for the replacement of the inner sheets of the cited models 188 with directly readable computer support.

The following modifications are made to the physical and logical designs of the type 2 register contained in Annex V of the Order of 17 November 1999 approving the models 128, in pesetas and in euro, declaration-entry document and models 188, in pesetas and in euros, of the annual summary of withholding and income on account of the Income Tax of the Physical Persons, the Tax on Societies and the Income Tax of no Residents of permanent establishments, in relation to income or income from capital (a) furniture from capitalisation operations and life or invalidity insurance contracts, as well as physical and logical designs for the replacement of the inner sheets of these models 188 by directly readable support Computer:

New fields are entered with the following content:

positions

NATURE

DESCRIPTION OF THE

153

Alphabetical

INSURED LIFETIME INCOME

The insurance entities that on the basis of the insured lifetime income referred to in Article 42 of the Tax on the Income of the Physical Persons, will indicate one of the following keys:

A: Constitution during the year to which the declaration of an insured life income refers. This key shall also be entered in the event that the declared depline during the year to the constitution of a lifetime income secured the amount of the withholding supported by the earned income, in the terms of Article 42 of the Regulation of the Income Tax of the Physical Persons.

B: Anticipation, total or partial, of the economic rights derived from the life income.

In any other case this field will not have content

154-161

Numeric

CONSTITUTION OR ANTICIPATION DATE

The date of constitution or anticipation of the lifetime income will be entered insured. If, during the financial year referred to in the statement, the insured lifetime income has been established and anticipated, the information relating to each transaction must be declared in a separate record of declared income.

< Table_table_izq"> This field is subdivided into 3:

154-157 Numeric: Year

158-159 Numeric: Month

160-161 Numeric: Day

162-185

IDENTIFICATION OF INSURED LIFETIME INCOME

THE NUMBER OR CODE USED BY THE INSURANCE ENTITY TO BE ENTERED WILL BE ENTERED commercialize the lifetime income secured for identification

186-195

Numeric

PREMIUM CONTRIBUTED

The amount of the premium contributed by the declared for the constitution of the insured lifetime income.

The amount must be expressed in euro cents, so it will never include decimals

196-210

Numeric

INSURANCE DERIVED YIELDS WHOSE PAYEE IS THE MORTGAGE CREDITOR

In the event that the circumstances referred to in the Additional Disposition of the Tax Act are met on the Income of the natural persons, the yield obtained not subject to retention shall be recorded.

The amount must be expressed in euro cents, so it shall never include decimals

Final disposition second. Amendment of the HAP/2194/2013 Order of 22 November 2013 regulating the general procedures and conditions for the submission of certain self-financing and information statements of a tax nature.

Model 280, "Annual Report of Long Term Savings Plans" is included in the list of information statements referred to in Article 1 (3) of Order HAP/2194/2013 of 22 November 2013. the general conditions for the presentation of certain self-actions and information statements of a tax nature are regulated.

Final disposition third. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette" and shall apply for the presentation of the models 280 "Annual Report of Long-term Savings Plans", and 188 " Annual summary of withholding and income on account of the Income Tax of the Physical Persons, the Tax on Societies and the Income Tax of Non-Residents for permanent establishments, in relation to the capital income or income from capital and capital transactions arising from capital and capital transactions life or invalidity insurance contracts, for the financial year 2015 and subsequent years.

Madrid, October 9, 2015.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.

ANNEX

Record layouts to which files to be generated for presentation of model 280 must be adjusted

Description of the records

For each declarant, two different types of record are included, which are distinguished by the first position, according to the following criteria:

Type 1: Record of the declarant: Identificative data and summary of the declaration. Design of record type 1 of those collected later in these same paragraphs of this Order.

Type 2: Declared record. Design of record type 2 of those collected later in these same paragraphs of this Order.

The order of filing will be that of the record type, with a single record of type 1 and as many records of type 2 as holders of a Long Term Savings Plan contains the declaration, with a limit of 30,000 records type 2 per shipment.

All alphanumeric and alphabetic fields will be displayed left-aligned and white-filled, in upper case without special characters, and without accented vowels, unless otherwise specified in the field description.

For language-specific characters ISO-8859-1 encoding will be used. This way the letter "N" will have an ASCII value of 209 (Hex. D1) and the "C" (capital cede) the value ASCII 199 (Hex. C7).

All numeric fields will be presented right aligned and filled to zeros on the left without signs and unpacked.

All fields will have content, unless otherwise specified in the field description. If they do not, the numeric fields will be padded to zeros, and both alphanumeric and alphabetic to white.

MODEL 280

A. TYPE OF RECORD 1: DECLARATION RECORD.

(POSITIONS, NATURE, AND DESCRIPTION OF FIELDS)

positions

NATURE

DESCRIPTION OF THE

1

Numeric

RECORD TYPE

Constant number '1'.

2-4

Numeric

STATEMENT MODEL

Constant '280'.

5-8

Numeric

EXERCISE

The four figures for the fiscal year to which the declaration corresponds.

9-17

Alphanumeric

NIF OF STATEMENT

The declarant's NIF will be entered. This field must be adjusted to the right, the last position being the control character and filling with zeros the positions of the left, according to the rules provided for in the General Regulation of the performances and the procedures of Management and Tax Inspection and development of the common rules of the procedures for the application of the taxes, approved by Royal Decree 1065/2007, of July 27

18-57

Alfico

DECLARANT SOCIAL REASON

The full name of the reporting entity will be entered, without anagram.

A name in this field may not be included in this field. commercial.

58

SUPPORT TYPE

The next key:

'T': Telematic Transmission.

59-107

Alfico

PERSON TO RELATE TO

Data from the person to relate to. This field is subdivided into two:

59-67 TELEPHONE: 9-position numeric field.

68-107 NAME AND NAME: First last name, space, second last name, space, and the full name, necessarily in this order.

108-120

Numeric

NUMBER IDENTIFICATION OF THE DECLARATION

The identifying number shall be entered corresponding to the declaration.

The identifying number to be shown in the model 280, will be a sequential number whose first three digits will correspond to code 280.

< The top ten positions will identify the declaration and the last three to the shipment number being made. These last three positions will be sequential within the same statement starting from 001.

This field is therefore divided into two subfields:

108-117 IDENTIFIER NUMERIC DECLARATION

The identifier of the declaration shall be entered with ten digits. It will be a different number per declaration whose first three digits correspond to code 280.

118-120 NUMERIC SEND IDENTIFIER

In case multiple shipments exist for a The same declaration shall be entered with three digits of the corresponding consignment identifier. It will be a sequential number with start in 001 for each declaration.

121-122

Alphabetical

SUPPLEMENTARY OR SURROGATE DECLARATION

In the case of second or subsequent declarations, one of the following fields must be completed:

121 SUPPLEMENTARY DECLARATION:

A "C" will be entered if the The purpose of this declaration is to include records of declared that, having been included in another declaration of the same financial year, they would have been completely omitted. The modification of the data content declared in another declaration of the same exercise presented above shall be carried out from the service of consultation and modification of information declarations at the Electronic Headquarters of the State Agency Tax Administration (www.agenciatributaria.gob.es).

122 REPLACEMENT DECLARATION:

An "S" will be entered if the presentation is intended to override and completely replace another Previous declaration of the same financial year in which they were entered inaccurate or inaccurate data. A surrogate declaration can only be overridden by a single previous statement

123-135

Numeric

IDENTIFYING NUMBER OF THE PREVIOUS DECLARATION

In case a "C" has been entered in the "Complementary Declaration" field, the identifying number corresponding to the statement to which it complements, refilling to zeros the last three positions corresponding to the identification of the consignment.

In the event that an "S" has been entered in the "Substitute Declaration" field, the identifying number corresponding to the replacement declaration shall be entered, refilling to zeros three last positions that correspond to the shipment identification.

In any other case it must be padded to zeros

136-144

Numeric

NUMBER TOTAL DECLARATIONS

The total number of declared records, type 2 detail records that make up the declaration, will be entered

145-164

Numeric

TOTAL CONTRIBUTION AMOUNT

The total sum of the amounts reflected in the CONTRIBUTIONS field will be entered PERFORMED IN THE EXERCISE, positions 111 to 116 of the record of type 2.

165-184

Numeric

RETENTIONS BASE

The sum of the amounts included in the the type 2 record field, BASE OF RETAINED HOLD, positions 166 to 175.

185-500

--------------------

-Numeric fields that do not have content will be padded to zeros.

-Alphanumerical/alphabetic fields that do not have content will be padded to blanks.

-All right-adjusted numeric fields and zeros-filled fields on the left.

-All left-adjusted alphanumeric/alphabetic fields and white-filled in upper case, no special characters and no accented vowels, except that the opposite is specified in the description of the field.

B. RECORD TYPE 2: DECLARED RECORD.

(POSITIONS, NATURE, AND DESCRIPTION OF FIELDS)

positions

NATURE

DESCRIPTION OF THE

1

Numeric

RECORD TYPE

Constant '2'

2-4

Numeric

STATEMENT MODEL

Constant '280'.

5-8

Numeric

EXERCISE

Consigning the contents of these same positions in the record type 1.

9-17

NIF

THE DECLARATION

Consignate the contents of these same positions in type 1 record

18-26

Alfico

DECLARATION NIF

The tax identification number of the declared in accordance with the rules laid down in the General Regulation of the actions and procedures for the management and tax inspection and development of the common standards of the procedures for applying the taxes, approved by Royal Decree 1065/2007, of 27 July.

This field must be adjusted to the right, the last position being the control character and filling with zeros positions to the left

27-35

Alfico

REPRESENTATIVE LEGAL

If the declared is less than 14 years, the number of the tax identification of his legal representative (father, mother or guardian), in accordance with the rules laid down in the General Rules of Procedure and the procedures for the management and tax inspection and development of the common rules of the procedures for applying the taxes, approved by Royal Decree 1065/2007, of July 27.

In any other case the contents of this field will be filled in spaces

36-75

Alfico

SURNAME AND NAME OF THE DECLARED

The first last name, a space, the second last name, a space, and the full name will be entered, necessarily in this same order.

76

Numeric

LONG-TERM SAVINGS PLAN TYPE

will record one of the following keys:

1. SIALP: Long Term Savings Individual Insurance.

2. CIALP: Long Term Savings Individual Account

77

Alphabetical

TYPE OF IDENTIFIER

One of the following keys will be entered:

I: If the Long Term Savings Plan is identified by an IBAN code.

Or: If it is contributed another identifier, for example, the reference number of an insurance contract.

78-101

Alfics

CONTRACTED PRODUCT IDENTIFIER

The code will be entered identification of the CIALP or SIALP whose ownership corresponds to the declared.

102-109

Numeric

OPENING Date

This field is subdivided into 3:

102-105 Numeric: Year

106-107 Numeric: Month

108-109 Numeric: Day

In case of mobilization of the Plan's economic rights Long Term Savings, the original date of its opening will be taken.

Alphabetical

ALTA CLAVE

The following keys will be entered:

A. Long Term Savings Plan constituted in the financial year referred to in the statement or in a previous year.

B. Leave a Long Term Savings Plan by mobilisation to another insurance or credit institution.

C. High of a Long Term Savings Plan by mobilisation from another Insurance or Credit Institution.

D. High of a Long Term Savings and Mobilization Plan to another insurance or credit institution in the same opening exercise

111-116

Numeric

CONTRIBUTIONS MADE IN THE EXERCISE

Amount of contributions made during the exercise to the Long Savings Plan Deadline.

In case the "HIGH KEY" field, position 110 of the type 2 record, is 'B' or 'D' shall be entered in the contributions made up to the mobilisation.

If in the field 'HIGH KEY', position 110 of the Type 2 record, 'C' is entered, the entries shall be entered. contributions made since mobilization.

The amounts must be set to euro cents, so they will never include decimals

117-126

Numeric

the financial year of the year

the declaration is referred to.

If in the field "HIGH KEY", position 110 of the Type 2 record, "B" or "D" has been entered, the returns generated up to the mobilisation, including the that might occur for the same reason.

In Case where in the field 'HIGH KEY', position 110 of the Type 2 record, 'C' has been entered, the returns generated from the mobilisation shall be recorded.

The amounts must be set at euro cents, so they will never include decimals

-136

Numeric

NEGATIVE RETURNS OBTAINED DURING THE FINANCIAL YEAR

The amount of the Negative capital returns generated by the Long Term Savings Plan in the financial year to which the statement refers.

In case of the "HIGH KEY" field, position 110 of the type record 2, 'B' or 'D' has been entered, the negative returns generated up to the mobilisation, including those that may occur on the occasion of the mobilisation, shall be entered.

In case of 'HIGH KEY' field, Position 110 of the Type 2 record, entered 'C', negative returns shall be entered generated from mobilization.

The amounts must be set to euro cents, so they will never include decimals

137

Numeric

EXTINCTION OF LONG-TERM SAVINGS PLAN

In case of extinction of the Long Term Savings Plan during the exercise, you must enter any of the following keys:

1: Extinction of the Plan Long-term savings made available to the integrated amounts in the same period before 5 years have elapsed since the opening or non-compliance with the limit of contributions referred to in paragraph 1 (c) of the additional 20th The sixth of the IRPF Act.

2: Extinction of the Long Term Savings Plan in circumstances other than those defined in the preceding paragraph.

If the Long Term Savings Plan is not This field must be left empty during the exercise to which the declaration corresponds. The extinction of the Long Term Savings Plan shall not be deemed to be produced in the event of the mobilisation of the economic rights incorporated therein under the terms laid down in the Additional Eighth Provision of the Income Tax Regulation. Physical Persons, approved by Royal Decree 439/2007 of 30 March. Therefore, if in the "HIGH KEY" field, which occupies position 110 of type 2 record, "B", or "D", this field will not have content

138-145

Numeric

EXTINCTION DATE

In case the field "EXTINCTION OF LONG-TERM SAVINGS PLAN", position 137 of the record Type 2, have content, the date of its extinction must be entered.

138-141 Numeric: Year

142-143 Numeric: Month

144-145 Numeric: Day

146-155

Numeric

CUMULATIVE POSITIVE RETURNS

In case the field "EXTINCTION OF THE LONG-TERM SAVINGS PLAN", position 137 of the Type 2, which has content, the total amount of the positive capital gains obtained shall be entered from the date of its opening.

-165

Numeric

CUMULATIVE NEGATIVE RETURNS

In case the field "EXTINCTION OF THE LONG-TERM SAVINGS PLAN", position 137 of the Type 2 record, has content, the total amount of the negative capital returns obtained shall be entered from the date of its opening.

166-175

Numeric

BASE OF RETAINED RETENTION

In case you are in the "EXTINCTION OF LONG-TERM SAVINGS PLAN" field, Position 137 of the Type 2 register, key 1 has been declared, the basis of the withholding tax shall be entered in accordance with paragraph 6 of the additional 20th of the IRPF Act

176-185

Numeric

NEGATIVE RETURNS IMPUTABLE

If in the "EXTINCTION OF LONG-TERM SAVINGS PLAN" field, position 137 of the Type 2 record, key 2 would have been declared, to record the amount of negative returns on capital that is to be attributed to the exercise of the extinction as provided for in paragraph 7 of the additional 20th of the IRPF Act. Otherwise the field will be padded to zeros

186-500

--------------------

BLANKS

-Numeric fields that do not have content will be padded to zeros.

-Alphanumerical/alphabetic fields that do not have content will be padded to blanks.

-All right-adjusted numeric fields and zeros-filled fields on the left.

-All left-adjusted alphanumeric/alphabetic fields and white-filled in upper case, no special characters and no accented vowels, except that the opposite is specified in the description of the field.