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28-06-2019

Tax on non-productive assets of legal persons

The tax on non-productive assets is intended to tax non-productive assets and certain rights that fall on them that are part of the assets of the taxpayer. It is required throughout the territory of Catalonia.

The tax has been created by Law 6/2017, of May 9, on the tax on the non-productive assets of legal persons (DOGC No. 7368 of 05.12.2017).

Taxable event and exemptions

• Taxable event

1. The taxable event of the tax on non-productive assets constitutes the holding of the taxpayer, on the accrual date of the tax, the following assets, provided they are not productive and are located in Catalonia:

  • a) Real estate.
  • b) Motor vehicles with a power equal to or greater than two hundred horses.
  • c) Leisure boats.
  • d) Aircraft.
  • e) Objects of art and antiques with a value higher than that established by the Law of Historical Heritage.
  • f) Jewelry

For these purposes, the holding of the assets is determined by:

  • a) The ownership of a real right of surface, usufruct, use or property. The realization of the taxable event that corresponds to those established in this letter, in the order in which they appear, determines that the property is not subject to the remaining modalities established by this same letter.
  • b) The use as a consequence of the assignment derived from the realization of a financial leasing operation or as a consequence of the acquisition of the property with reservation of ownership.
  • c) The use derived from any agreement that, independently of its legal instrumentation, allows the substantial transfer of all the risks and benefits inherent in the ownership of the asset object of the agreement.

3. They will be understood to be located in Catalonia, for the purposes of this tax:

  • a) Real estate located in the territory of Catalonia.
  • b) Motor vehicles, boats, aircraft, works of art, antiques and jewelery possession correspond to the taxpayers of this tax.

• Exemptions

They are exempt from the tax on non-productive assets:

  • a) Public administrations and bodies and entities under public law.
  • b) Diplomatic representations, consular offices and international organizations based in Catalonia.
  • c) Real estate assets of foundations, non-governmental organizations and, in general, non-profit entities, provided they are exclusively used for their own non-profit purposes.

Concept of non-productive assets

It is understood that the assets are not productive, for the purposes of this tax, in any of the following cases:

  • a) If they are granted free of charge to the owners, partners and participants of the taxpayer or persons linked to them, directly or through entities in which any of them are involved, and which are used in whole or in part for their own use or for private use. , except that using them constitutes a return in kind, in accordance with the provisions of the personal income tax regulations. In case the good is partially used for private purposes, only the part or proportion that is destined for these purposes is considered non-productive asset.
  • b) If the use is given, by price, the owners, partners and participants of the taxpayer or natural persons linked to them, or in entities participated by any of them, to be totally or partially allocated to private uses or uses, except that the owners, partners, participants or related persons satisfy the market price for the assignment of the good, work effectively with the company and thereby receive a remuneration of an amount higher than the assignment price. Productive assets are those that are leased at market price to the owners, partners and participants or persons linked to them, or in entities in which any of them are involved, and are assigned to the exercise of an economic activity.
  • c) If they are not affected by economic activity or public service. They are assets affected by an economic activity which, as a factor or means of production, are used in the exploitation of the economic activity of the taxpayer. For these purposes, non-productive assets are those that have an acquisition price that does not exceed the amount of undistributed profits obtained by the entity, provided that they come from the development of economic activities, with the limit of the amount of profits obtained both in the same year of the acquisition as in the last ten years. Dividends from securities that grant at least 5% of voting rights are assimilated and are held for the purpose of directing and managing participation, provided that, for tax purposes, the corresponding organization of material means is available. and personal, and the investee does not have as its main activity the management of real estate or real estate assets, in accordance with the definition of Law 19/1991, of June 6, on property tax. The income obtained by the investee must proceed, at least 90%, from the development of economic activities.

Neither are considered unproductive in the following cases:

  • a) If they are intended for the use or enjoyment of non-owner workers, non-members or non-participants of the company or entity that constitutes performance in kind thereof.
  • b) If they are destined to the economic and sociocultural services of the personnel at the service of the activity.

Passive subject

Taxpayers are subject to tax on non-productive assets, as taxpayers, legal persons and entities that, lacking legal personality, constitute a separate economic unit or property subject to tax, defined as taxpayers by the general tax regulations. In all cases, the taxpayer must have a commercial purpose.

Taxable income and full installment

  • Taxable base

The taxable base of the tax on non-productive assets is constituted by the sum of the values ​​corresponding to all non-productive assets. The assets will be valued, for purposes of the tax on non-productive assets, in accordance with the following rules:

  • a) The real surface right, the real right of usufruct, the real right of use and the right of ownership over immovable property, for the cadastral value of the property updated in the Budget Law.
  • b) Motor vehicles, boats and aircraft, at their market value. Where applicable, the valuation tables of approved used vehicles are applied for the purposes of the tax on property transfers and documented legal acts and on the inheritance and gift tax in force on the date of accrual of the tax.
  • c) Objects of art, antiques and jewelry, for the market value on the date of accrual of the tax.
  • d) The assets whose use is transferred as a result of a financial leasing operation, for the value determined by the rules applicable to leases in property transfer tax and documented legal acts.
  • e) If the above rules are not applicable, the assets and rights will be valued at their market value.

The full installment will be determined by application to the base payable at the following scale:

Merit and submission deadlines

The amount of tax on non-productive assets accrues on January 1 of each year.
Deadline and form of presentation and income of the self-assessment of the tax:

1. Taxpayers are required to file the self-assessment of the tax on non-productive assets and to make the corresponding income between days 1 and 30 of the month of June following the date of accrual. The self-assessment corresponding to the years 2017, 2018 and 2019 will be presented and entered between October 1 and November 30, 2019.
2. The filing of the self-assessment will be done electronically, in the electronic headquarters of the Tax Agency of Catalonia. The income will be made by one of the forms authorized by the Tax Agency of Catalonia.
3. Order VEH / 123/2019, of June 20, approves the self-assessment model 540 of the tax on the non-productive assets of legal persons (DOGC 7904, of 06.26.2019).