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What it is

Lower taxes and better Social Security for artists

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 29 December 2018. Introduced by: Gobierno.

Official title: Royal Decree-Law 26/2018, of 28 December, approving urgent measures on artistic creation and cinematography.

Source: Congreso de los Diputados, file 130/000053· updated 11 Nov

Automatic summary, not yet reviewed

  1. It lowers the withholding rate under personal income tax The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings. from 19% to 15% for income from intellectual property when the person receiving it is not the author. It applies from January 1, 2019.
  2. It applies the reduced VAT rate to services provided by individual performers, artists, directors and technicians to film producers and organizers of theater and music works, from January 1, 2019.
  3. It sets a corporate tax deduction of 20% of expenses made in Spain for producers of foreign film or audiovisual productions, with at least €1 million in expenses and a cap of €3 million per production. The deduction cannot exceed 50% of the production cost.
  4. It allows artists in public shows to voluntarily stay in the General Social Security Regime during inactive periods, if they prove at least 20 days of actual work the previous year. They pay contributions themselves, on the minimum base of group 7 at an 11.50% rate, and keep benefits such as retirement, maternity or paternity.
  5. It sets the limits of the State Guarantee for cultural works loaned for exhibitions in 2019: €2,250,000 thousand in total, €231,000 thousand per exhibition and €100,000 thousand per work, plus €500,000 thousand for the Fundación Colección Thyssen-Bornemisza.
  6. It requires the Government to pass rules within 6 months allowing retirement pensions to be combined with intellectual property income from artistic creation, with an 8% solidarity contribution, and to update the special employment relationship of artists in public shows.

Who it affects

  • Artists, performers, directors and technicians working as individuals: They pay less VAT on their services and can keep contributing to the General Regime during periods without work.
  • Authors who receive intellectual property income without being the creator: Less is withheld from them under personal income tax: 15% instead of 19%.
  • Producers of foreign films and audiovisual works shot in Spain: They get a 20% corporate tax deduction for expenses made in Spain.
  • Retirees dedicated to artistic creation: They will be able to combine their pension with income from royalties, paying a solidarity contribution.
  • Museums and entities organizing exhibitions with loaned works: They can rely on the State Guarantee within the limits set for 2019.

Words worth knowing

Retención e ingreso a cuenta (withholding)
Money the payer advances to the tax agency on behalf of the person receiving the income, as an advance on their income tax.
Régimen General de la Seguridad Social (General Social Security Regime)
The contribution and benefits system covering most employees in Spain.
Garantía del Estado (State Guarantee)
A commitment by the State to answer for the value of artworks while they are loaned for an exhibition.
Cotización de solidaridad (solidarity contribution)
An extra percentage paid to Social Security when a retirement pension is combined with work activity.
Relación laboral especial (special employment relationship)
A specific set of labor rules for a particular group, different from the standard employment contract.
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. Introduced29 December 2018Someone registers the text in the Congreso.
  2. Admitted9 January 2019The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary9 January 2019All 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Dec 201811. 29 December 2018: Presentación22. 9 January 2019: Calificación33. 9 January 2019: Pleno Convalidación desde 09/01/2019 hasta 22/01/201944. 22 January 2019: Concluido - (Convalidado y tramitado como Proyecto de Ley) desde 22/01/2019 hasta 30/01/2019

22 January 2019

How did the plenary vote?

More votes in favour 344 yes · 2 no · 1 abst.

Voted on: Processing as a Government bill by the urgent procedure of Royal Decree-Law 26/2018, of 28 December, approving urgent measures on artistic creation and cinematography.

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 13 of sitting 168· 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, Gcup-ec-em, GER, Sin grupo and Popular en el Congreso. 3 deputies voted differently from their group.

By province: in 52 most voted in favour; in 0, against.

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

  • In favour: 52
  • Against: 0
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
84 in favour
Vasco (EAJ-PNV)5
5 in favour
Mixto19
17 in favour · 1 abst. · 1 did not vote
Ciudadanos32
31 in favour · 1 did not vote
Gcup-ec-em67
64 in favour · 2 against · 1 did not vote
GER9
9 in favour
Sin grupo1
1 in favour
Popular en el Congreso133
133 in favour

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.

Published in the BOE: Royal Decree-Law 26/2018, of 28 December, approving urgent measures on artistic creation and cinematography.

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.