Habitual residence tax credit
The tax credit for investments in habitual dwellings is eliminated as of 2013. Such tax credit amounted to a percentage of around 15% (depending on the autonomous region) of the amounts paid during the corresponding tax year for the acquisition or restoration of properties that were or would be the taxpayer’s habitual residence. A transitory regime is established in accordance with which the following taxpayers continue to qualify for the tax credit:
- Taxpayers who bought their habitual dwelling prior to 1 January 2013 or who have paid amounts prior to that date for its construction.
- Taxpayers who have paid amounts prior to 1 January 2013 for refurbishment work on or the extension of the habitual dwelling, provided that the work is completed by 1 January 2017.
- Taxpayers who have paid amounts prior to 1 January 2013 for work and installations to adapt the habitual dwelling of disabled persons, provided that the work or installations are completed by 1 January 2017.
The taxpayer should apply this tax credit for amounts paid in a tax period to acquire or construct property and accrued before 1 January 2013, unless Article 68.1.2. of the Spanish PIT law in force on 31 December 2012 is applicable. The provision of this article refers to cases where an habitual dwelling has been acquired and the tax credit has previously been applied for the acquisition of other habitual dwellings.
For taxpayers qualifying for the transitory regime, the habitual residence tax credit is applied in accordance with the law in force on 31 December 2012.
Tax credits applicable to PIT payers who carry out business activities
PIT payers who carry out business activities can apply the tax credits that may be availed of by CIT payers for the promotion of certain activities, with the exception of the possibility to apply tax relief for research and development (R&D) and technological innovation, without limitation, and to even obtain a tax refund for these activities.
See CIT relief in the Tax credits and incentives section of the Corporate summary for information on tax credits established for CIT payers.
Tax relief for investments in shares in newly or recently-created companies, and tax exemption for reinvestments of these shares
- A tax relief has been introduced in Spain for amounts paid during the tax period to subscribe shares in newly or recently-created companies that comply with certain requirements. The tax relief, which is applied on the part of the PIT liability corresponding to the state, is a tax credit of 20%. The tax base for the tax relief is the acquisition value of the shares, up to an annual limit of EUR 50,000.
- Capital gains generated from disposals of shares with respect to which the taxpayer has availed of the tax relief referred to above will be exempt from PIT if the total amount obtained from the disposal is reinvested in the acquisition of shares in newly or recently-created companies, provided that certain requirements are met.
When taxpayers dispose of shares of newly or recently-created companies and opt to apply the tax exemption for reinvestments referred to above, only the part of the reinvestment that exceeds the total amount obtained from the disposal will be the tax relief base for the new shares.
Tax credit for dues and contributions to political parties
A tax credit is established for dues and contributions to political parties. The tax credit is 20% of the dues or contributions paid, up to EUR 600 in the tax credit base.
Tax credit for large families and dependent relatives in an ascending or descending line
Taxpayers who work outside the home and have dependent relatives in an ascending or descending line or who form part of a large family can apply a EUR 1,200 tax credit to their tax payable for each of these situations. This tax credit is compatible with the current tax credit for maternity.
Tax credits may be applied for donations to non-profit organisations that comply with certain requirements. These tax credits range from 30% of the donation to the following scale, depending, mainly, on the organisation to which the donation is made:
|Up to EUR 150
|In the two previous tax years, donations regarding which the donations tax credit can be applied have been made to the same company for the same or a higher amount in each of these tax years to the donation made in the previous tax year.
The base for this tax relief may not exceed 10% of the taxpayer’s net PIT taxable income, except for donations to listed priority sponsorship activities where the limit is 15% of the taxpayer’s net PIT taxable income.
Tax credit for lease of main residence
The tax credit for lease of main residence has been eliminated with effect from 2015. A transitory regime is established for taxpayers who have signed a lease contract and paid rent before 1 January 2015, provided that they were entitled to apply this tax credit for the same main residence during a previous tax period.