New fiscal measures taken in connection with the Covid-19 crisis. Royal Decree-Law 15/2020, of April 21, on urgent complementary measures

On April 22 was published in the Official Gazette the latest battery of economic measures approved by the Government to deal with the Covid-19 crisis, approved by the Royal Decree-Law 15/2020, of complementary urgent measures to support the economy and employment.

Hereunder we comment on the tax measures contained therein, from Article 8 to Article 12.

1. VAT

• Between April 23 and July 31, 2020, a VAT rate of 0% will be applied to supplies of goods, imports and intra-community acquisitions of goods that are listed in the Annex to the Royal Decree. To apply this special rate of 0%, the recipient must be a Public Law entity, a clinic or hospital or a private social entity to which the exemption provided in article 20.Three of the VAT Law does apply.

The goods included in the Annex to the Royal Decree to which this 0% rate will apply are basically medical goods (medical devices, consumable medical supplies, masks, gloves, facial protections, etc.)

The application of this 0% rate will not limit the taxpayer’s right to deduction, although they will be documented on the invoice as an exempt operation.

 

• A reduced rate of 4% will be applied to books, newspapers and magazines in electronic format.

 

2. Corporate Income Tax

• Taxable persons who could benefit from the extension of the deadline for the submission of tax returns until May 20 (those whose yearly turnover did not exceed 600,000 Euro in 2019), are entitled to settle the first and second instalment of the Corporate Income Tax of 2020 through the modality set forth in article 40.3 of the CIT Law, that is, through the modality of base calculation. If they already settle the first instalment of 2020 before the approval of this Royal Decree, they can rectify the tax return.

 

• Likewise, taxpayers who could not take advantage of the extension of the deadline to file the first instalment of 2020 until May 20, and whose yearly turnover in 2019 did not exceed 6,000,000 euro, are entitle to settle the second instalment of 2020 through the modality of article 40.3.

 

• This option will not be applicable to tax groups that apply the tax consolidation regime. On the other hand, if a taxpayer decides to apply this modality, it will be linked to this method for the entire period of 2020.

 

3. Personal Income Tax

• Taxpayers who determine the net income on economic activities by the objective estimation method (modules) and who renounce to the application of this method before the deadline to file the first payment on account of 2020, that is, on May 20, will be entitled to apply again the module method for 2021 if they meet the requirements to be able to apply it and revoke the renounce during term provided in article 33.1 of the Regulation. Likewise, the resignation will be understood as revoked if they submit the first payment on account of 2021 with the objective estimation method (modules) in due time.

 

• Taxpayers who settle their income of economic activities by the objective estimation method and those who are in the simplified VAT regime, shall not count as days of activity the calendar days in which the state of alarm is declared.

 

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