Apoyo sector turístico, hostelería, comercio

Main urgent tax measures in Real Decreto-Ley 35/2020, of December 22, support the tourism, hospitality, and commerce sectors (BOE December 23).

Postponement of tax debts

  1. Within the scope of the powers of the State Tax Administration, for the postponements referred to in article 65 of Law 58/2003, of December 17, General Tax, the postponement of the income of the tax debt corresponding to all those returns-settlements and self-assessments whose term of presentation and income ends from April 1 to April 30, 2021, both inclusive, provided that the applications submitted up to that date meet the requirements to which Article 82.2.a) of the aforementioned law refers to.
  2. This postponement will also be applicable to tax debts referred to in letters b), f) and g) of Article 65.2 of Law 58/2003, of December 17, General Tax.
  3. It will be a requirement for granting the postponement that a debtor is a person or entity with a volume of operations not exceeding 6,010,121.04 euros in the year 2020.
  4. The conditions of the postponement will be the following:
    1. The term will be six months.
    2. No late payment interest will accrue during the first three months of the deferral.

Personal Income Tax

Reduction of the term for the amounts owed by the tenants to be considered a doubtful balance.

For the years 2020 and 2021, the term has been reduced to three months so that the amounts owed by the tenants are considered to be a doubtful balance following the provisions of article 13. e) of the Personal Income Tax Regulation (previously said period was six months).

In accordance with said article, doubtful balances will be considered included in the deductible expenses for determining the net return on real estate capital, provided that this circumstance is sufficiently justified.

In fiscal years 2020 and 2021, this requirement will be understood to have been fulfilled when more than three months have elapsed between the time of the first collection management carried out by the taxpayer and the end of the tax period, and no credit renewal has occurred.

Tax incentive to promote the reduction of rental income

For the year 2021, the lessors, other than a company or public entity or a large holder, who has signed a lease contract for use other than housing with a lessee who has used the property for the development of economic activity classified in division 6 or groups 755, 969, 972 and 973 of the first section of the IAE Rates, they will be able to compute, for the calculation of the return on real estate capital, as a deductible expense the amount of the reduction in the rent of the lease that they have voluntarily agreed to as of March 14, 2020 corresponding to the monthly payments accrued in January, February and March 2021.

The landlord must report separately in his statement the amount of deductible expense, also stating the tax identification number of the tenant whose rent has been lowered.

Corporate tax

Deductibility of losses due to impairment of credits derived from the possible insolvencies of debtors in small companies in the tax periods beginning in 2020 and 2021.

Taxpayers of Corporation Tax who meet the conditions of article 101 of Law 27/2014, of November 27, on Corporation Tax, in the tax periods that begin in 2020 and 2021 may deduct, in said periods, the losses due to impairment of the credits derived from the possible insolvencies of debtors when, at the time of accrual of the Tax, the period that has elapsed since the expiration of the obligation referred to in letter a) of paragraph 1 of article 13 of said Law is three months.

The age required to deduct losses due to impairment of credits derived from possible insolvencies of debtors is modified so that the six months needed to have elapsed between the expiration of the obligation and the accrual of the Tax are reduced to three months for small companies.