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What it is

Bill to exempt nonprofits and small companies from court fees

Amendments step 3 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 22 February 2016. Introduced by: Grupo Parlamentario Ciudadanos.

Official title: Private member's bill amending the regime of court fees, established by Law 10/2012, of November 20, for the exemption of non-profit entities that have opted for the special tax regime of Law 49/2002, of December 23, on the special tax regime of non-profit entities and tax incentives for patronage, and taxpayers that have the consideration of small-sized entities in accordance with the regulations governing the Corporate Tax.

Follow this law

Source: Congreso de los Diputados, file 122/000011· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill, introduced by the Ciudadanos parliamentary group, would amend Law 10/2012 so that nonprofits under the special tax regime of Law 49/2002 and small companies would be exempt from paying court fees.
  2. The text argues that current court fees are so high that they can discourage people from going to court, without taking into account the financial capacity of the person filing the claim, and that this conflicts with the right to effective judicial protection.
  3. The bill would add two new subjective exemptions to Article 4 of Law 10/2012: nonprofits covered by Law 49/2002 and taxpayers considered small entities under Corporate income tax The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings. rules.
  4. If passed, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Nonprofits under the special tax regime of Law 49/2002: They would no longer pay court fees.
  • Companies considered small entities under Corporate Income Tax rules: They would no longer pay court fees.
  • Individuals and entities exempt from Corporate Income Tax: They are already exempt in the proposed text of Article 4.

Words worth knowing

Tasas judiciales
Court fees: money that must be paid to the State to file certain claims or appeals in court.
Entidad de reducida dimensión
A small company that Corporate Income Tax rules treat under special conditions.
Tutela judicial efectiva
The constitutional right to go to court and obtain a fair ruling.
Proposición de ley
A bill introduced by a parliamentary group; it is not yet an approved law.
income tax
The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings.

It summarizes the text as it was introduced. 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 3 of 7 steps. It reached Amendments, and today it is unfinished.

  1. Introduced22 February 2016Someone registers the text in the Congreso.
  2. Admitted29 February 2016The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments29 April 2016Groups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Feb 2016Mar 2016Mar 2016Mar 2016Mar 2016Apr 2016Apr 2016Apr 2016Apr 2016Apr 201611. 22 February 2016: Presentación22. 29 February 2016: Boletín Oficial de las Cortes Generales Publicación desde 29/02/2016 hasta 04/03/201633. 29 February 2016: Calificación44. 4 March 2016: Gobierno Contestación desde 04/03/2016 hasta 12/04/201655. 12 April 2016: Pleno Toma en consideración desde 12/04/2016 hasta 19/04/201666. 19 April 2016: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 19/04/2016 hasta 27/04/201677. 27 April 2016: Comisión de Justicia Publicación desde 27/04/2016 hasta 29/04/201688. 29 April 2016: Comisión de Justicia Enmiendas desde 29/04/2016 hasta 03/05/201699. 3 May 2016: Concluido - (Caducado) desde 03/05/2016 hasta 20/05/2016

19 April 2016

How did the plenary vote?

More votes in favour 322 yes · 0 no · 1 abst.

Voted on: Private Member's Bill of the Citizens' Parliamentary Group, for the modification of the regime of court fees, established by Law 10/2012, of 20 November, for the exemption of non-profit entities that have opted for the special tax regime of Law 49/2002, of 23 December, on the special tax regime of non-profit entities and tax incentives for patronage, and the taxable persons that have the consideration of small-sized entities in accordance with the provisions of the regulatory framework of the Corporate Tax.

Source: Congreso de los Diputados, vote 1 of sitting 10· 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, Ciudadanos, Gc-dl, GER, Gp-ec-em and Popular en el Congreso. 1 deputy voted differently from their group.

By province: in 51 most voted in favour; in 0, against.

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

  • In favour: 51
  • Against: 0
Result by parliamentary group
GroupSeatsHow it voted
Socialista89
85 in favour · 4 did not vote
Vasco (EAJ-PNV)6
6 in favour
Mixto14
12 in favour · 1 abst. · 1 did not vote
Ciudadanos40
37 in favour · 3 did not vote
Gc-dl8
7 in favour · 1 did not vote
GER9
8 in favour · 1 did not vote
Gp-ec-em65
64 in favour · 1 did not vote
Popular en el Congreso119
103 in favour · 16 did not vote

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

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.

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