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What it is

Fresh start for debtors plus tax and labor relief

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 12 March 2015. Introduced by: Gobierno.

Official title: Government bill on the second chance mechanism, reduction of financial burden and other social order measures (originating from Royal Decree-Law 1/2015, of 27 February).

Source: Congreso de los Diputados, file 121/000137· updated 11 Nov

Automatic summary, not yet reviewed

  1. Individuals who have liquidated all their assets in an insolvency proceeding can ask the court to discharge their remaining debts, if they are debtors acting in good faith. In some cases the discharge is automatic; in others it depends on a five-year payment plan.
  2. The out-of-court payment agreement is made more flexible: it is extended to individuals without a business, a simplified notary procedure is created for them, and the agreement can be extended to secured creditors in certain cases.
  3. The Code of Good Practices for mortgage debtors is expanded: the income limit for eligible families rises, debtors over 60 are added as a vulnerable group, and floor interest rate clauses are permanently removed for those entering the new threshold.
  4. The suspension of evictions from primary homes of especially vulnerable groups, such as large families, households with children under three, or debtors over 60, is extended by four years.
  5. Under personal income tax The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings., deductions for dependents with disabilities and for large families are extended to people receiving unemployment benefits or pensions, and to single-parent households with two children. Income from debt reductions and payments in kind in insolvency proceedings is also exempt.
  6. Companies that hire on permanent contracts and create net employment will have the first 500 euros of each worker's monthly contribution base exempt from the employer's common-contingency Social Security contributions, for 24 months (12 more for companies with fewer than ten workers).
  7. Self-employed workers without employees who hire an employee can have 100 percent of their self-employment contribution waived for up to 12 months when caring for children under 7 or for dependent family members or relatives with disabilities.
  8. Individuals are exempt from paying court fees, among other new exemptions.

Who it affects

  • Individuals with debts they cannot pay: They can use the fresh start mechanism and, if they meet the requirements, be released from part or all of their debts.
  • Families struggling to pay the mortgage on their primary home: They can benefit from the expanded Code of Good Practices and from the eviction suspension if they are in a vulnerable situation.
  • Companies hiring on permanent contracts: They pay lower Social Security contributions on the first 500 euros of the contribution base of each new permanent contract.
  • Self-employed workers with family care burdens: They can have their self-employment contribution waived for up to 12 months if they hire an employee.
  • People going to court: Individuals are exempt from paying court fees.

Words worth knowing

Concurso de acreedores
Spanish insolvency proceeding: a court process for when a person or company cannot pay its debts, in which their assets are distributed among creditors.
Exoneración del pasivo insatisfecho
Discharge of unpaid debts: release from debts that could not be paid after the debtor's assets were liquidated.
Quita
Debt reduction: the creditor forgives part of what is owed.
Dación en pago
Payment in kind: handing over an asset (for example, a home) to the creditor to settle the debt.
Cláusula suelo
Floor rate clause: a mortgage clause that keeps the monthly payment from falling even when interest rates drop.
income tax
The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings.

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. Introduced12 March 2015Someone registers the text in the Congreso.
  2. Admitted16 March 2015The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments20 March 2015Groups propose changes.
  4. Committee28 May 2015A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate23 June 2015The Senate can pass it, amend it or veto it.
  7. BOE14 July 2015It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Mar 2015Apr 2015May 2015Jun 201511. 12 March 2015: Presentación22. 16 March 2015: Comisión de Economía y Competitividad Publicación desde 16/03/2015 hasta 20/03/201533. 16 March 2015: Calificación44. 16 March 2015: Mesa del Congreso Calificación por el Presidente desde 16/03/2015 hasta 16/03/201555. 20 March 2015: Comisión de Economía y Competitividad Enmiendas desde 20/03/2015 hasta 28/05/201566. 28 May 2015: Comisión de Economía y Competitividad Informe desde 28/05/2015 hasta 09/06/201577. 9 June 2015: Comisión de Economía y Competitividad Aprobación con competencia legislativa plena desde 09/06/2015 hasta 23/06/201588. 23 June 2015: Senado desde 23/06/2015 hasta 14/07/201599. 14 July 2015: Concluido - (Aprobado con modificaciones) desde 14/07/2015 hasta 08/09/2015

16 April 2015

How did the plenary vote?

More votes against 128 yes · 178 no

Voted on: Request for the Plenary of the Chamber to take over the deliberation and final vote on the Government bill on the second chance mechanism, reduction of financial burden, and other social order measures (originating from Royal Decree-Law 1/2015, of February 27), submitted by the Socialist Parliamentary Group.

Source: Congreso de los Diputados, vote 64 of sitting 255· 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 Sin grupo. Against, most of Popular en el Congreso.

By province: in 7 most voted in favour; in 41, against.

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

  • In favour: 7
  • Against: 41
  • Tie: 4
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
94 in favour · 16 did not vote
Vasco (EAJ-PNV)5
3 in favour · 2 did not vote
Mixto18
6 in favour · 12 did not vote
GC-CiU16
12 in favour · 4 did not vote
GIP11
8 in favour · 3 did not vote
GUPyD4
4 in favour
Sin grupo1
1 in favour
Popular en el Congreso185
178 against · 7 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 25/2015, of July 28, on the second chance mechanism, reduction of financial burden, and other social order measures.

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.