BackOn December 6, 2023, Royal Decree 1008/2023 was published in the Official State Gazette (BOE), which amends the Personal Income Tax Regulations. These amendments, in the context of the special regime for workers posted to Spain (impatriate regime), are aimed at aligning the Regulation with the new scenarios established by the Startups Law regarding the application of the impatriate regime.
In addition, in accordance with said amendments, on December 15, 2023, the Ministerial Order was published which includes Form 149 for the application of the impatriate regime and Form 151 for the declaration for these taxpayers.
Regarding the impatriate regime, the following modifications are implemented:
The conditions for the new cases in which the taxpayer could avail of the special regime for impatriates are specified. In particular:
- The concept of entrepreneurial activity is defined as that which is innovative or of special economic interest for Spain, with a favorable report from the National Innovation Company (ENISA) and the authorization of business residence prior to the displacement.
- A highly qualified professional is considered to be one who has the required qualification according to Law 14/2013 prior to the displacement.
- Criteria are established to determine when training or R&D&I activities are carried out according to Law 14/2013 and when the taxpayer has the residence authorization prior to the displacement to Spain.
- It is clarified that the term for the family members of the taxpayer under the special regime to move to Spanish territory will be 6 months from the taxpayer’s entry into Spanish territory or from the beginning of the computation for the elderly taxpayer.
Regarding withholdings, it is specified that, in the area of income generated by economic activities, withholdings or payments on account will only be applied to income derived from professional activities. In addition, the formal obligations to keep records of income and expenses, as well as to keep invoices, must be complied with, in accordance with the provisions established in the regulations for non-residents.
The waiver and exclusion regime is modified, including spouses/progenitors of children and children of the taxpayer. In general, the waiver and exclusion will be individual, except in certain cases in which a collective exclusion may operate.
The additional documentation to be submitted in the new cases of access to the impatriate regime is established.
Therefore, it is important to take into account that, in case you belong to one of the new groups that can apply for the Beckham Law (international teleworkers, administrators with more than 25% of participation in non-proprietary companies, highly qualified professionals that provide services to emerging entities, professionals that carry out an entrepreneurial activity evaluated by ENISA or spouse or child of any taxpayer that applies for this Special Regime, you can still apply for it, since the deadline ends on June 15 of this year.
B Law & Tax International Tax & Legal Advisors.
“At B LAW&TAX we specialise in international tax advice for both companies and individuals. If you would like any further information, we will be pleased to help you at 917817194 or info@blaw.es”
