Rules for calculating income
- The calculation of income from the previous year shall be carried out in accordance with the following rules:
- In general terms, income shall be calculated by its gross value, except income arising from economic activities, property leases or special schemes, which shall be calculated on the basis of their net return.
- Income from economic activities and from special schemes shall be calculated by the amount included in the taxable base of the Personal Income Tax according to the regulations in force in each period.
- The capital gains generated in the financial year shall be computed for the amount included in the taxable base for Personal Income Tax or the corresponding regional tax according to the regulations in force in each period, without taking into account any reductions which, where applicable, may be applicable in accordance with the regulations of the former, and minus any of the public aid referred to in section f).
- c) When the beneficiary has leased real estate, its income shall be considered as income less expenditure, before any reduction to which the taxpayer is entitled, and both determined, in accordance with the provisions of the regulation on Personal Income Tax, or corresponding legal regulations, applicable to the persons who form the cohabitation unit. If the properties were not rented, the computable income will be valued according to the rules established for the imputation of real estate income in the aforementioned regulations and corresponding regional regulations.
- The amount of pensions and benefits, contributory or non-contributory, public or private, shall be calculated as income.
- Income from the following will be exempt from the calculation:
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- The exempt income referred to in paragraphs (b), (c), (d), (i), (j), (n), (q), (r), (s), (t), (x) and (y) of Article 7 of Law 35/2006, of 28 November, on Personal Income Tax and the partial amendment of the laws on Corporate Tax, Non-Resident Income Tax and Inheritance Tax.
- Aid for study and housing aid, both for renting and purchasing.
- Compensatory pension that must be paid in accordance with the provisions of Article 97 of the Civil Code is considered exempt income for the person obliged to pay it, provided that it has been paid.
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Child support payments to be paid in accordance with Article 93 of the Civil Code are considered exempt income for the person obliged to pay them, provided that they have been paid.
Likewise, in the cohabitation unit that must receive the maintenance allowance, it will be exempt income when it has not been paid by the person obliged to pay.
- The exempt income referred to in paragraphs (b), (c), (d), (i), (j), (n), (q), (r), (s), (t), (x) and (y) of Article 7 of Law 35/2006, of 28 November, on Personal Income Tax and the partial amendment of the laws on Corporate Tax, Non-Resident Income Tax and Inheritance Tax.
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- Calculating income will take into account income obtained by recipients during the year prior to the request. The amount of the benefit shall be reviewed each year taking into account the income information from the previous year. The tax criterion shall be used to determine which year the revenue was obtained.
- For the determination of the monthly income of the persons who form the cohabitation unit, the total income of all members is computed, in accordance with the provisions of Law 35/2006, of 28 November, on Personal Income Tax and the partial amendment of the laws of the Corporate Tax, Non-Resident Income Tax and Inheritance Tax.
The income provided for in paragraph 1(f) shall not be calculated. The sum of income detailed above will subtract the amount of income tax and social contributions.
When the requirement of financial vulnerability is not met in the previous year, it is possible to apply, from 1 April to 31 December of the current year, for recognition of the right to the minimum vital income benefit in those cases in which the situation of financial vulnerability has arisen during the current year.
In order to accredit the situation of economic vulnerability during the current year, only the fulfilment of the income requirement will be taken into account, considering for this purpose the proportional part of the income that the individual beneficiary or, where appropriate, the cohabitation unit has had during the time elapsed in the current year, in accordance with the data contained in the social security files and databases, or, failing this, that which appears in the responsible declaration for the current year. In any case, for the calculation of income for the current year, unemployment benefits or subsidies, in any of their forms, including the Active Insertion Income, or the allowance for cessation of activity, received during that year will not be taken into account, provided that at the time of the application for the minimum living income benefit, the entitlement to those benefits or subsidies has been terminated due to exhaustion, renunciation, or exceeding the income limit foreseen, where applicable, for maintaining the entitlement and without being entitled to a benefit or subsidy.
It is also required that in the financial year immediately preceding the year of application the individual beneficiary or, where applicable, the cohabitation unit has not exceeded the following limits:
- 300% of the guaranteed income for a single adult, with the corresponding scale of increase according to the composition of cohabitation unit.
- 100 % of the net worth limit for a single adult with the corresponding scale of increase according to the composition of the cohabitation unit.
- 100 % of the limit of the asset test according to the composition of the cohabitation unit.
In this case, in the year following the recognition of the minimum vital income benefit, the amounts paid will be regularised in relation to the monthly average data of the set of income and computable annual income of the individual beneficiary or of the group of members of the cohabitation unit, corresponding to the year in which the benefit was recognised, in accordance with the information available to the Tax Administrations, giving rise, where appropriate, to the return of benefits unduly received.