NEW REGIONAL FISCAL INCENTIVES: DECREE-LAW 1/2022, OF APRIL 12, BY WHICH URGENT ECONOMIC AND FISCAL MEASURES ARE ADOPTED, AS A CONSEQUENCE OF THE WAR IN UKRAINE
On April 13, 2022, the Official Gazette of the Region of Murcia (BORM) approved Decree-Law 1/2022, of April 12, which adopts urgent economic and fiscal measures, as a consequence of the war in Ukraine.
INHERITANCE TAX AND DONATIONS
Reduction in the tax base of the Inheritance and Gift Tax of 99% for “mortis causa” acquisitions, when it includes the value of a rustic property, provided that said plot is transferred within a year to a professional farmer who is the owner of an agricultural holding, to whom the property will be affected, and who is registered in the social security scheme that corresponds to him based on his agricultural activity.
Reduction in the tax base of the Inheritance and Gift Tax of 99% for “inter vivos” acquisitions, when it includes the value of a rustic property, provided that on the date of accrual the purchasers or their spouses have the status of professional farmers and are owners of an agricultural holding, to which the elements that are acquired will be affected, and that they are registered in the social security scheme that corresponds to them based on their agricultural activity.
TAX ON ONEROOUS PATRIMONIAL TRANSMISSIONS AND DOCUMENTED LEGAL ACTS
A new wording is given to the Bonus in the Property Transfer Tax and Documented Legal Acts for temporary transfer of rights to the private use of public waters for exclusive agricultural use, in particular, a bonus is established in the quota of the Property Transfer Tax and Documented Legal Acts of 100% applicable in those acts and legal businesses carried out by the communities of users whose fiscal domicile is located in the Region of Murcia defined in the water legislation, related to contracts for the temporary transfer of rights to the private use of public waters for exclusive agricultural use.
This bonus will also be applicable to the works and acquisitions carried out by these same user communities, whose purpose is the obtaining, use and distribution of water of any origin destined for agriculture.
Reduction of the tax quota of 99% in the Tax on Patrimonial Transmissions and Documented Legal Acts for a) the transmissions of rustic properties; and b) the contracts by which the exploitation or use of one or several rustic properties, or part of them, is temporarily transferred for agricultural, livestock or forestry use in exchange for a price, rent or percentage of the results.
Bonus of the tax quota of 99%, in the modality of Onerous Patrimonial Transfers of the Tax on Patrimonial Transfers and Documented Legal Acts, the voluntary swaps of rustic properties authorized by the Ministry responsible for agriculture, which must be carried out in a public deed, and provided that it has any of the following purposes:
- Eliminate enclaved plots, understanding as such those considered in the general legislation of agrarian reform and development.
- Eliminate right of way.
- Restructuring farms, including in this case the multiple swaps that occur to carry out a private land concentration.
Bonus of 99% in the gradual quota of the Documented Legal Acts modality of the Tax on Property Transfers and Documented Legal Acts for the group of rustic properties.
It will be necessary for the owner of the farms object of the grouping to have the status of professional farmer and to be the owner of an agricultural exploitation, to which the grouped farms are affected, and to be registered in the corresponding Social Security regime. depending on their agricultural activity.