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What it is

Bill would raise tax deductions for donations to nonprofits

Senate step 6 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 18 December 2020. Introduced by: Grupo Parlamentario Plural.

Official title: Private member's bill to amend Law 49/2002, of 23 December, on the tax regime of non-profit entities and tax incentives for patronage.

Source: Congreso de los Diputados, file 122/000117· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would raise the general tax deduction for donations from 35% to 40%, for both individuals and companies. It would also increase the amount eligible for an 80% deduction from 150 to 250 euros, known as micro-philanthropy.
  2. To reward repeat donors, the bill would shorten from 4 to 3 years the period of donations to the same entity needed for a higher rate: 45% under personal income tax The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings. and 50% under corporate tax.
  3. The list of activities exempt from corporate tax for nonprofits would expand. It would include, among others, job integration programs for people at risk of exclusion, education for gifted students, and innovation activities.
  4. The bill would allow a deduction for lending the use of movable or immovable property without payment, something not previously mentioned. Its value would be based on the lender's expenses during the loan, excluding financing costs.
  5. Donors could receive honorary mentions without losing the donation's tax status, as long as the mention has no economic value. The cap would be 15% of the donation's value, and at most 25,000 euros. The bill would also add service provisions and in-kind aid to corporate collaboration agreements.
  6. Every three years, the Government would have to submit a report to Congress evaluating the impact of the measures. The law would take effect on January 1 of the year after its publication in the official gazette.

Who it affects

  • Individuals who make donations, who would get higher personal income tax deductions.: tax benefit
  • Companies and legal entities that donate or collaborate with nonprofits.: tax benefit
  • Nonprofit entities, which would see more exempt activities and more private funding.: tax benefit
  • Non-residents operating in Spain, with or without a permanent establishment, who could also apply the deductions.: tax benefit

Words worth knowing

Mecenazgo
Private support, usually financial, for activities of general interest such as culture, sports or research.
Deducción fiscal
Tax deduction: an amount subtracted from the tax owed for doing something the law rewards, such as donating.
Exención
Exemption: a situation where no tax is paid on certain income or activities.
Entidad sin fines lucrativos
Nonprofit entity: an organization pursuing a general-interest goal that does not distribute profits to its members.
Base de la deducción
Deduction base: the amount on which the deduction percentage is applied, for example the donated amount.
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 passed by the committee. 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 6 of 7 steps. It reached Senate, and today it is unfinished.

  1. Introduced18 December 2020Someone registers the text in the Congreso.
  2. Admitted13 January 2021The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments26 March 2021Groups propose changes.
  4. Committee22 April 2021A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate26 April 2023The 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 15 official steps on a timeline
Dec 2020Mar 2021Jun 2021Sept 2021Dec 2021Mar 2022Jun 2022Sept 2022Dec 2022Mar 202311. 18 December 2020: Presentación22. 13 January 2021: Boletín Oficial de las Cortes Generales Publicación desde 13/01/2021 hasta 15/01/202133. 13 January 2021: Calificación44. 15 January 2021: Gobierno Contestación desde 15/01/2021 hasta 08/03/202155. 8 March 2021: Pleno Toma en consideración desde 08/03/2021 hasta 16/03/202166. 16 March 2021: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 16/03/2021 hasta 23/03/202177. 23 March 2021: Comisión de Hacienda Publicación desde 23/03/2021 hasta 26/03/202188. 26 March 2021: Comisión de Hacienda Enmiendas desde 26/03/2021 hasta 21/09/202199. 22 April 2021: Comisión de Hacienda Mesa - Calificación desde 22/04/2021 hasta 22/04/20211010. 22 April 2021: Comisión de Hacienda Debate de totalidad desde 22/04/2021 hasta 13/05/20211111. 21 September 2021: Comisión de Hacienda y Función Pública Enmiendas desde 21/09/2021 hasta 17/03/20221212. 17 March 2022: Comisión de Hacienda y Función Pública Informe desde 17/03/2022 hasta 20/04/20231313. 20 April 2023: Comisión de Hacienda y Función Pública Aprobación con competencia legislativa plena desde 20/04/2023 hasta 26/04/20231414. 26 April 2023: Senado desde 26/04/2023 hasta 30/05/20231515. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

13 May 2021

How did the plenary vote?

More votes against 94 yes · 189 no · 63 abst.

Voted on: Vote on the amendment to the whole of the alternative text to the Private member's bill to amend Law 49/2002, of December 23, on the tax regime of non-profit entities and tax incentives for patronage, submitted by the Popular Parliamentary Group in the Congress.

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

Source: Congreso de los Diputados, vote 22 of sitting 97· updated 11 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 Mixto and Popular en el Congreso. Against, most of Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Gcup-ec-gc and GPlu. 7 deputies voted differently from their group.

By province: in 4 most voted in favour; in 33, against.

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

  • In favour: 4
  • Against: 33
  • Abstained: 1
  • Tie: 14
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
1 in favour · 4 against
Republicano13
13 against
Socialista120
120 against
Vasco (EAJ-PNV)6
6 against
Mixto10
5 in favour · 2 against · 2 abst. · 1 did not vote
Ciudadanos9
9 abst.
Gcup-ec-gc35
2 in favour · 33 against
GPlu12
11 against · 1 did not vote
Popular en el Congreso88
86 in favour · 2 did not vote
VOX52
52 abst.

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.