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What it is

Pandemic aid for business leases, taxes and jobs

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 23 December 2020. Introduced by: Gobierno.

Official title: Royal Decree-Law 35/2020, of December 22, on urgent measures of support for the tourism sector, hospitality and commerce, and in tax matters.

Source: Congreso de los Diputados, file 130/000036· updated 11 Nov

Automatic summary, not yet reviewed

  1. Self-employed people and small and medium-sized companies that lease business premises can ask their landlord, before January 31, 2021, for a 50% rent cut or a payment deferral if the landlord is a large holder (more than 10 urban properties or more than 1,500 m2). If there is no agreement, they can request a deferral. Their activity must be suspended or their revenue must have dropped by at least 75%.
  2. The requirements are proven with a sworn statement and, where applicable, a certificate of business closure. Those who benefit without meeting the requirements are liable for damages and costs. The measure does not apply if the landlord is in bankruptcy proceedings.
  3. Companies in beverage wholesale, restaurants, bars, botanical gardens and zoos, and gambling, with furlough schemes extended to January 31, 2021, are exempt from part of their Social Security employer contributions: 85% if they have fewer than 50 workers and 75% if they have 50 or more.
  4. Small companies and self-employed people with operations of up to €6,010,121.04 can defer tax debts whose returns are filed between April 1 and April 30, 2021. The deferral lasts six months, with no late-payment interest during the first three.
  5. For 2020, the simplified tax regimes for self-employed people (IRPF estimated income and simplified VAT) get reductions of 20% in general and 35% for tourism, hospitality and retail activities. Days of state of alarm or suspended activity do not count as days of activity, and switching in and out of these regimes is made more flexible.
  6. Landlords who voluntarily cut the rent for January to March 2021 for businesses in affected sectors can deduct that cut as an expense in their personal income tax The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings.. The waiting period to deduct bad debts is also cut from six to three months for small companies.
  7. The requirements to keep regional incentives are relaxed: losses from 2020 and 2021 are not counted, project deadlines can be changed, and employment and investment conditions are respected if activity is temporarily stopped because of the pandemic.
  8. Other measures: areas of high tourist footfall will be declared in 2021 using 2017 to 2019 data; there is a 50% Social Security rebate for permanent seasonal workers in tourism and retail from April to October 2021; performing artists and bullfighting professionals are exempt from minimum activity requirements in 2021; and COVID-19 vaccines and diagnostic tests have a 0% VAT rate until December 31, 2022.

Who it affects

  • Self-employed people and small companies leasing premises: They can request a rent cut or deferral and defer tax debts.
  • Workers and companies in tourism, hospitality and retail: Social Security exemptions linked to furlough schemes and rebates for permanent seasonal workers are extended.
  • Landlords of business premises: They can deduct voluntary rent cuts granted for early 2021 from their income tax.
  • Performing artists and bullfighting professionals: They are exempt from minimum activity requirements to stay in Social Security in 2021.
  • Recipients of the minimum vital income benefit: Regional governments can forward their application to the National Social Security Institute with a certificate.

Words worth knowing

ERTE
Temporary layoff scheme (Expediente de Regulación Temporal de Empleo): a company temporarily suspends or reduces activity and its workers' contracts.
Estimación objetiva (módulos)
A way for some self-employed people to calculate income tax using fixed indexes instead of their actual income and expenses.
Gran tenedor
A person or entity owning more than 10 urban properties (excluding garages and storage rooms) or more than 1,500 m2 of built space.
Concurso de acreedores
A court procedure for a company or person that cannot pay its debts, similar to bankruptcy.
Incentivos regionales
State financial aid for investments in certain areas, meant to correct imbalances between territories.
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. Introduced23 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. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary13 January 2021All 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 202011. 23 December 2020: Presentación22. 13 January 2021: Calificación33. 13 January 2021: Pleno Convalidación desde 13/01/2021 hasta 28/01/202144. 28 January 2021: Concluido - (Convalidado y tramitado como Proyecto de Ley) desde 28/01/2021 hasta 04/02/2021

28 January 2021

How did the plenary vote?

More votes in favour 345 yes · 1 no · 2 abst.

Voted on: Processing as a Government bill by the urgent procedure of Royal Decree-Law 35/2020, of December 22, on urgent measures of support for the tourism sector, hospitality and commerce, and in tax matters.

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

Source: Congreso de los Diputados, vote 6 of sitting 70· updated 11 Nov

Each dot is a seat. Tap one, or use the arrow keys, to see who it is.

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 Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc, GPlu, Popular en el Congreso and VOX. 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
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
120 in favour
Vasco (EAJ-PNV)6
4 in favour · 2 did not vote
Mixto9
6 in favour · 1 against · 2 abst.
Ciudadanos10
10 in favour
Gcup-ec-gc35
35 in favour
GPlu12
12 in favour
Popular en el Congreso88
88 in favour
VOX52
52 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 35/2020, of December 22, on urgent measures of support for the tourism sector, hospitality and commerce, and in tax matters.

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.