ORDER OF JULY 1, 2021 OF THE MINISTRY OF THE PRESIDENCY, TOURISM AND SPORTS BY WHICH THE REGULATORY BASES OF THE AID FOR SELF-EMPLOYED, MICRO-ENTERPRISES AND SMEs WITH ACTIVE TOURISM ACTIVITY, TRAVEL AGENCY, ORGANIZATION OF CONELGRESS ARE APPROVED NIGHT, NIGHT CLUBS AND CELEBRATION ROOMS FOR THE REACTIVATION OF THEIR ACTIVITY AND THE ENCOURAGEMENT OF RESOURCES AND ACTIVITIES INHERENT TO THE MANAGEMENT OF TOURIST INTERESTS AFTER THE SANITARY LIMITATIONS IMPOSED AS A CONSEQUENCE OF COVID-19
Article 1.- Purpose.
The purpose of this provision is to establish the regulatory bases for subsidies aimed at self-employed, micro-enterprises and SMEs in the Region of Murcia with active tourism activity, travel agency, organization of congresses, hospitality, nightlife, discos and function rooms. for the reactivation, promotion and dynamization of their activity after the sanitary limitations imposed as a result of COVID-19, helping them to alleviate the loss of income they have suffered in the first half of 2021.
The two grant lines are as follows:
a) Line 1. Aid to the self-employed, micro-enterprises and SMEs in the Murcia Region with active tourism activity, travel agency, organization of congresses and hospitality.
b) Line 2. Aid to the self-employed, micro-businesses and SMEs in the Region of Murcia with nightlife activities, discotheques and function rooms.
Article 3.- Procedure.
The subsidies will be awarded in accordance with the concession regime provided for in article 22 of Law 7/2005, of November 18, on Subsidies from the Autonomous Community of the Region of Murcia, up to the budget credit limit established in the call.
Consequently, the granting of the subsidies will be carried out according to the order of entry of the applications, and in the event that these were incomplete, from the date of completion of the aid application.
Article 4.- Beneficiaries.
In the case of freelancers, micro-companies or SMEs in the hospitality, nightlife, discotheques and celebration rooms:
a) Develop the activity in the territory of the Autonomous Community of the Region of Murcia.
b) That on January 1, 2021 and on the date of presentation of the application for aid, they are registered in one of the epigraphs of the Tax on Economic Activities that are detailed in the Annex.
Annexed
Economic activities tax headings
TRAVEL AGENCY
Heading 755.1 Services to other travel agencies.
Heading 755.2 Services provided to the public by travel agencies.
CONGRESS ORGANIZATION
Heading 989.2 Organization services for congresses, assemblies and the like.
GROUP 854. Experts in the organization of congresses, assemblies and the like.
HOSTELRY
GROUP 671. RESTAURANT SERVICES.
Heading 671.1.- Of five holders.
Heading 671.2.- Of four holders.
Heading 671.3.- Of three holders.
Heading 671.4.- Of two holders.
Heading 671.5.- Of a fork.
GROUP 672. IN COFFEE SHOPS
Section 672.1.- Of three cups.
Heading 672.2.- Two cups.
Section 672.3.- Of a cup.
Heading 673.2.- Other cafes and bars.
Heading 674.5.- Special restaurant, cafeteria and coffee-bar services provided in companies, circles, casinos, clubs and similar establishments.
Heading 674.6.- Special restaurant, cafeteria and coffee-bar services established in theaters and other shows that only remain open during show hours, except for dances and the like.
Heading 674.7.- Special restaurant, cafeteria and coffee-bar services provided in parks or fairgrounds classified in Heading 989.3 of this Section 1) of the Rates.
Group 675. services in kiosks, drawers, barracks or other similar premises, located in markets or food markets, outdoors on public roads or gardens.
Group 676. Services in chocolatiers, ice cream parlors and horchaterias.
Heading 677.1.- Services provided by establishments classified in groups 671, 672, 673 and 682 of groups 67 and 68, performed outside said establishments.
CELEBRATION ROOMS
Heading 677.9.- Other food services specific to restoration.
NIGHT LEISURE
Heading 673.1.- Of special category *.
* In accordance with what is stated in the reiterated doctrine of the General Tax Office (e.g. Binding Resolution V0240-13, of January 29, 2013, General Consultation 1549-02, of October 14, 2002, and Consultation no binding 2379-97, of November 17, 1997), bar-pubs are included in this heading of special category café-bar.
CLUBS
Heading 965.1 Shows in theaters and premises.
Heading 969.1 Dance halls and discotheques.
In the case of freelancers, micro-companies or SMEs that are registered in section 677.9, only those who dedicate themselves to the activity of a celebration hall may be beneficiaries of the aid.
In the case of freelancers, micro-companies or SMEs with travel agency activity or conference organization:
a) Develop its activity in the territory of the Autonomous Community of the Region of Murcia.
b) That on January 1, 2021 and on the date of submission of the aid application:
- They are registered in the Registry of Tourist Companies and Activities of the Region of Murcia and, in addition:
- are registered in any of the following sections of the Economic Activities Tax:
• Travel agencies: section 755.1 (Services to other travel agencies) and section 755.2 (Services provided to the public by travel agencies).
• Congress organizers: heading 989.2 (Congress organization services, assemblies and similar) and Group 854 (Experts in the organization of congresses, assemblies and the like).
In the case of freelancers, micro-companies or SMEs with active tourism activity:
a) Develop its activity in the territory of the Autonomous Community of the Region of Murcia.
b) That on January 1, 2021 and on the date of submission of the aid application:
- They are registered in the Registry of Tourist Companies and Activities of the Region of Murcia and, in addition:
- They are registered in the Economic Activities Tax in a heading directly related to the active tourism activity carried out.
2. Individual entrepreneurs or companies that employ less than 250 people and, furthermore, whose annual turnover does not exceed 50 million euros or whose annual balance sheet does not exceed 43 million euros will be considered self-employed, micro-companies or SMEs. Any entity, regardless of its legal form, that carries out an economic activity shall be considered a company. In particular, entities that carry out their activity in an individual or family capacity, partnerships and associations that carry out an economic activity on a regular basis shall be considered companies.
3. “Self-employed collaborators” are excluded.
4. In no case, may be beneficiaries of the subsidies contained in this Order, the natural or legal persons in which the circumstances established in point 2 of article 13 of Law 38/2003, of November 17, General Subsidies concur, Except for that established in article 13.2.e).
5. When several activities are developed in the same premises, some eligible and others not, even when they are developed by different natural or legal persons, these companies or entrepreneurs may not be beneficiaries of the subsidy for these premises, except in the case that the other activities are complementary services for the sale of tobacco, food or drink through mechanical means, or gaming machines outside the arcade.
6. Those natural or legal persons who exceed the limits indicated in the minimum aid may not be beneficiaries.
Article 5.- Obligations of the beneficiaries.
1. The beneficiaries will comply with the obligations established for this purpose in article 11 of Law 7/2005, of November 18, on Subsidies of the Autonomous Community of the Region of Murcia, and will certify that they are not involved in the prohibitions to obtain the status of beneficiary of subsidies provided for in article 13 of Law 38/2003, of November 17, General Subsidies, except for the obligation to be up-to-date in compliance with tax obligations or against Social Security.
2. The beneficiaries of the aid will be obliged to submit to the control of the Tourism Institute of the Region of Murcia, the General Audit of the Autonomous Community of the Region of Murcia, and other supervisory bodies.
3. The beneficiaries have the obligation to keep and safeguard the original documentation of the justification of the subsidy, during, at least, the limitation period of the right to demand the reimbursement of the subsidy.
4. The beneficiaries have the obligation to establish and maintain an adequate accounting codification, which allows identifying the collection of the aid.
5. The beneficiary agrees to collaborate with the Murcia Region Tourism Institute.
Article 7.- Criteria for determining the amount of the subsidy.
1. Each natural or legal person may submit only one application.
2. The amount of the subsidy to be awarded by the Tourism Institute will consist of a single financial benefit that will be calculated according to the following criteria:
3. The subsidy may only be granted for those work centers that are expressly listed in the aid application.
4. If the beneficiary has several work centers, to calculate the maximum amount of the aid, the average total number of workers of any activity from 03/15/2019 to 03/14/2020 will be prorated, with the total number of centers of any type of activity. In no case will the premises indirectly affected by the activity be considered as work centers. Neither will real estate, whether of a rustic or urban nature, be considered as work or activity centers, which are the object of the rental and sale of said assets.
If an applicant registered for the Economic Activities Tax between 03/15/2019 and 03/14/2020 and, therefore, their average workforce is less than the year requested, their average workforce will be calculated as if he had been registered for the entire period mentioned, according to the following formula:
(Days of registration x Average workforce indicated in the Report) / 365.
If an applicant registered for the first time after 03/14/2020, it will be considered for all purposes that the number of workers is zero.
5. It will be attended solely and exclusively to the work centers that appear in the certificate of census status presented by the applicants together with their request for assistance.
6. In the case of activities carried out by communities of property or other entities without legal personality, the aid will be granted to them, and not to each of the individual persons that comprise it.
Article 8.- Compatibility of the subsidies.
1. When the aid granted in accordance with these Bases is accumulated with other compatible aid, the amounts and intensities of maximum aid established in the Regulation for minimum aid will be respected.
2. These aids are complementary to those approved by the Government of Spain, or any other aids convened by the Autonomous Community of the Region of Murcia, for similar purposes.
3. If the beneficiary receives any other type of aid for the same purposes, they must notify ITREM.
Article 9.- Presentation of applications.
Applications must be submitted through the specific form that will be available at https://sede.carm.es/ and must be generally accompanied by the following documentation:
- In the case of self-employed: National identity document (DNI), foreigner identity card (TIE), or Passport or identity document of a member country of the EU accompanied by a document with the foreigner's identity number (NIE) of the applicant.
- In the case of companies: DNI, TIE, or passport or identity document of a member country of the EU accompanied by a document with the NIE of the legal representative of the applicant company, together with a deed of power of attorney or appointment of CEO or administrator. In addition, the company's articles of incorporation and its modifications.
- Where appropriate, when the signer acts as the applicant's representative, proof of the representation of the signer of the application must be presented.
- In the case of companies or self-employed: Census certificate of activity issued by the State Tax Administration Agency (AEAT) in the town of the work center or centers where the activity takes place, with a maximum age of seven calendar days to the date of presentation of the aid application.
- Bank document stating, in addition to the IBAN, the name and NIF / NIE of the holder.
- Social Security Report on the average workforce of registered workers during the interval from March 15, 2019 to March 14, 2020.
The deadline for rectifying defects and / or presenting the required documentation will be ten (10) business days, or five (5) business days in the event that the call is processed through the urgent procedure.
Article 10.- Deadline for submitting applications.
Subsidy applications must be submitted within the period provided for in the call, the extract of which will be published in the Official Gazette of the Region of Murcia.
Article 14.- Term of resolution.
1. The maximum period to resolve and notify the resolution of the procedure may not exceed six (6) months from the date of submission of the application to the Institute of Tourism.
2. The expiration of the maximum term without having notified the resolution, legitimizes the interested parties to understand that the request for the granting of the subsidy has been rejected by administrative silence.
Article 17.- Payment of the grants awarded.
1. The amount of the subsidy will be paid in a single payment, without requiring guarantees from the beneficiaries.
2. Payment of the aid will be made by transfer to the bank account indicated by the beneficiary in the application.