News in relation to the keeping of personal income tax record books
On July 17, Order HAC/773/2019 of June 28 was published in the BOE, which regulates the keeping of record books in the Personal Income Tax.
The Order came into force on July 18, 2019 and applies to the entries in the record books corresponding to fiscal year 2020 and following.
As highlighted notes are:
1. Mandatory record books
Depending on the characteristics of the economic activity and the method of determining the income derived from that activity, the obligation to keep the following record books is established:
|Method / Modality
|Business activities in direct estimation, simplified modality
|Non-commercial business activities in direct estimation
|Business activities in objective estimation
|Sales and income record book
|Purchases and expenses record book
|Registration book of investment assets
|Income record book
|Expense record book
|Record book of fund provisions and supplies
If several activities are carried out, separate books must be kept for each of them. If the record books are not kept in electronic format, the activity to which they refer must be stated on the first page.
When there are several establishments, each establishment can keep its own record books in which the operations carried out in each of them will be noted separately, provided that the summary entries are transferred to the general record books that must be kept at home. prosecutor.
Entities under the income attribution regime that carry out economic activities must keep a single mandatory books corresponding to the activity carried out, depending on the regime for determining the net income of the activity for which the entity has opted or which, in If applicable, it is applicable to you, and without prejudice to the attribution of income that must be made in relation to your partners, heirs, community members or participants.
2. Content of the record books
a) Sales and income record book.
In this book, all income derived from the exercise of the activity must be recorded, with due separation. It must contain:
- the number of the invoice issued, and where applicable the series, in which the income is reflected. When there is no obligation to issue an invoice, the income will be numbered consecutively, noting in this book the corresponding number in each case;
- the date of issue of the invoice and the date of completion of the operations, if different from the previous one;
- the name and surname, company name or full name and NIF of the recipient;
- the concept, reflected, at least, with the breakdown of full income that appears in the latest personal income tax model approved at the beginning of the year to which the income recorded in this book corresponds;
- the amount of the transaction or, if the transaction is subject to VAT, the tax base of the transactions and, where applicable, the tax rate applied and the tax rate. The entry of the same invoice in several correlative entries is valid when it includes operations that are taxed at different tax rates;
- If the transaction is subject to personal income tax withholding or payment on account, the type of withholding applied to the transaction and the amount withheld by the recipient must be recorded separately.
In the case of invoices issued in which the identification of the recipient is not mandatory and whose accrual has occurred within the same calendar month, the individualized annotation of the invoices can be replaced by a daily summary entry, which must state :
- the initial and final numbers of the invoices;
- the date of issue thereof;
- the reference to the fact that it is a summary entry of issued invoices;
- if the operation is subject to VAT, the global tax base corresponding to each tax rate, the tax rates and the global quota of invoices numbered consecutively and issued on the same date. If the operation is not subject to said tax, the amount of the operation.
Amending invoices must be recorded separately, stating the number of the invoice issued, the date of issue and the date of execution of the operations, if different from the previous one, the identification of the client, the tax base, the tax rate and quota.
b) Purchase and expense record book.
In this book, all the expenses derived from the exercise of the activity must be recorded, with due separation. The content is that indicated for the sales and income record books, although referring to the invoices received or the supporting documents that reflect the expense. The name and surname, the company name or full name and the NIF refer to the person obliged to issue it. The concept must be reflected, at least, with the breakdown of tax-deductible expenses that appears in the latest personal income tax model approved at the beginning of the year to which the expenses recorded in this book correspond. Likewise, the amount that is considered an expense for personal income tax purposes must be recorded in the purchase and expense record book.
On the other hand, a global summary entry may be made of the invoices received on the same date, which records the initial and final numbers of the invoices received assigned by the recipient, provided that they come from a single supplier, the global sum of the tax base corresponding to each tax rate, the global tax rate, provided that the total joint amount of the operations, VAT not included, does not exceed 6,000 euros, and that the amount of the operations documented in each of They do not exceed 500 euros, VAT not included.
c) Record book of provisions of investment goods.
In this book, the assets related to a business or professional activity will be recorded, duly individualized. Taxpayers must reflect in this book sufficient data to accurately identify the invoices and customs documents corresponding to each of the recorded goods.
For each individualized good, the following must be noted:
- the invoice number or, in the case of import, the customs document number, or in the absence of the above, the receipt number;
- the date on which the heritage item is in operating condition;
- the description of the property with indication of all the data that allows its perfect identification;
- the name and surname, company name or full name and NIF of the supplier;
- the acquisition value, as well as the amortizable value of the asset element;
- the applicable amortization method;
- the depreciation percentage applied each tax period, as well as the resulting depreciation fee;
- accumulated amortization;
- if applicable, the deregistration of the asset or right with an expression of its date and reason; and
- in the event of transfer of the asset, the data necessary to identify the operation.
d) Record book of fund provisions and supplies.
The content does not vary with respect to the previous regulation, with the particularity that, in addition to the name and surname, company name or full name of the payer of the provision or recipient of the supply, it is also required to record their NIF.
At Tax&Law Consulting we offer advice to all businessmen and professionals for the correct compliance with their tax obligations.