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What it is

Social Security will directly calculate employers' contribution payments

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 2 August 2014. Introduced by: Gobierno.

Official title: Government bill on measures regarding the settlement and payment of Social Security contributions.

Source: Congreso de los Diputados, file 121/000113· updated 11 Nov

Automatic summary, not yet reviewed

  1. A new direct settlement system is created: the General Treasury of Social Security calculates the contribution for each worker using data it already has plus data provided by the employer, instead of the employer calculating it.
  2. The system will be rolled out progressively through Treasury resolutions. In the meantime, the current self-assessment system remains in force. Once included, an employer may choose to apply the new system early, but then cannot go back to self-assessment.
  3. If the employer meets its reporting obligations on time but pays late, the surcharge is 20 %. If it fails to meet those obligations on time, the surcharge rises to 35 % if payment comes after the claim deadline.
  4. Penalties are toughened: failing to report amounts paid to workers becomes a serious offense, and hiding or falsifying data to underpay contributions becomes a very serious one. Fines are graded by the unpaid amount, with higher levels above 10,000 and 25,000 euros.
  5. Employers in the Special Regime for Sea Workers must also report, each settlement period, the total amount of all pay items paid to their workers.
  6. The new system does not limit the right of workers and their representatives to information about monthly Social Security contributions, and within two years the Government must study how corrections of estimated contribution bases affect benefits.

Who it affects

  • Employers and others responsible for paying contributions: They will stop calculating contributions themselves once included in the new system, and must report the required data on time.
  • Self-employed workers and sea workers: They keep the simplified settlement system; sea workers must also report wages paid.
  • Workers and their representatives: They keep the right to receive information about monthly Social Security contributions.
  • The General Treasury of Social Security (Tesorería General de la Seguridad Social): It takes on the direct calculation of contributions and the related checking powers.

Words worth knowing

Autoliquidación (self-assessment)
The system where the employer itself calculates and files the contributions it must pay.
Liquidación directa (direct settlement)
The new system where the General Treasury of Social Security calculates the contribution for each worker.
Código de cuenta de cotización (contribution account code)
The identifier Social Security uses to register a company and its workers for contribution purposes.
Recargo (surcharge)
An extra percentage added to the debt when payment is made late.
Base de cotización (contribution base)
The amount on which contributions are calculated, made up mainly of the worker's salary.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced2 August 2014Someone registers the text in the Congreso.
  2. Admitted2 September 2014The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments5 September 2014Groups propose changes.
  4. Committee15 October 2014A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate29 October 2014The Senate can pass it, amend it or veto it.
  7. BOE18 December 2014It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Aug 2014Sept 2014Oct 2014Nov 201411. 2 August 2014: Presentación22. 2 September 2014: Comisión de Empleo y Seguridad Social Publicación desde 02/09/2014 hasta 05/09/201433. 2 September 2014: Calificación44. 5 September 2014: Comisión de Empleo y Seguridad Social Enmiendas desde 05/09/2014 hasta 15/10/201455. 15 October 2014: Comisión de Empleo y Seguridad Social Informe desde 15/10/2014 hasta 21/10/201466. 21 October 2014: Comisión de Empleo y Seguridad Social Aprobación con competencia legislativa plena desde 21/10/2014 hasta 29/10/201477. 29 October 2014: Senado desde 29/10/2014 hasta 10/12/201488. 10 December 2014: Pleno Enmiendas o veto del Senado desde 10/12/2014 hasta 18/12/201499. 18 December 2014: Concluido - (Aprobado con modificaciones) desde 18/12/2014 hasta 20/01/2015

18 December 2014

How did the plenary vote?

More votes in favour 321 yes · 6 no · 2 abst.

Voted on: The amendments from the Senate are voted on jointly.

Source: Congreso de los Diputados, vote 13 of sitting 236· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Vasco (EAJ-PNV), Mixto, GC-CiU, GIP, GUPyD and Popular en el Congreso. 8 deputies voted differently from their group.

By province: in 50 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 50
  • Against: 0
  • Abstained: 1
  • Tie: 1
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
102 in favour · 8 did not vote
Vasco (EAJ-PNV)5
5 in favour
Mixto18
9 in favour · 6 against · 3 did not vote
GC-CiU16
13 in favour · 3 did not vote
GIP11
8 in favour · 3 did not vote
GUPyD5
5 in favour
Popular en el Congreso185
179 in favour · 2 abst. · 4 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 34/2014, of 26 December, on measures regarding the settlement and payment of Social Security contributions

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.