The Ministry of Finance publishes in the BOE the new calculation of this tax and the Department finalizes its transposition into municipal regulations
The new capital gains tax, applied to homes sold, donated and inherited as long as there is a benefit, will take time to be applied by the Murcia City Council. Since last week the Official State Gazette (BOE) published the new formulas to calculate it prepared by the Ministry of Finance, the Department of Economic Management has been working to transfer the new system to municipal regulations, although there are doubts that they can be issue receipts before the end of the year.
The councilor of the branch, Enrique Lorca, explained that “it will be difficult” for them to pass, although he did not want to completely close that possibility. He commented that since last Thursday his department has carried out several consultations with the Spanish Federation of Municipalities and Provinces, FEMP, to ensure how to apply the two new ways of calculating the rate approved by the central government. The City Council had planned, before knowing the new calculation system, the collection of 30 million euros in 2022 for this concept.
The Ministry of Finance was forced to review the tax after the Constitutional Court, in a ruling at the end of last October, declared unconstitutional and, therefore, void, several articles that established how this municipal tax is calculated.
The Consistory has stopped entering, since the Constitutional ruling was known, 7.5 million euros
The Murcia City Council stopped collecting pending receipts for this tax on Wednesday, October 27, a day after the sentence was known, as reported by councilor Lorca. According to the calculations of the technicians of the Ministry of Finance (Gestha) Murcia is one of the municipalities most affected by this reformulation, and the municipal coffers could lose more than 7 million euros. In other large municipalities in the Region, such as Cartagena, it is estimated that they will no longer receive three million euros.
In fact, the Budgets presented and approved a month ago for 2021 have a lag of 7.5 million, since of the 28.5 million euros of budgeted collection, only the collection of 21 million had been recognized up to that moment.
Other issues that the municipal public treasury will have to deal with are the possible claims of citizens who have already paid the tribute and claimed in their day, those who are in time to appeal and those who sell any property hereinafter. These are, on the other hand, the main beneficiaries of the new calculation system.
The Ministry, however, and that is what the Murcia City Council is studying, leaves a certain margin of maneuver for local governments, since they will be able to keep the base approved by the Government or reduce certain margins; for example, lower cadastral values by up to 15%. Likewise, they will have half a year to adapt to the new regulations, although they will begin to charge from the publication of the Royal Decree.
Two payment options when a sale occurs
The decree of the central government offers two different options to pay the capital gain from now on. The amount to be paid can be calculated based on the difference between the purchase and the sale or through new cadastral coefficients that will be updated every year.
In the event that this profit has been achieved, the Ministry has provided that the amount will be calculated based on the difference between the purchase and the sale or through new cadastral coefficients. In the first case, the base will be extracted by multiplying the cadastral value of the land at the time of transmission by the benefit. And to this the quota will be applied, with a maximum 30%.
In the second case, the base will be obtained by multiplying the cadastral value of the land at the time of transmission by the coefficients, which range from 0.13 in the case of one year to 0.45 after two decades, although not in every year it is increasing when taking into account the economic crisis.
However, the Government has also introduced a novelty, not taken into account until now: the fee will not have to be paid if a profit has not been obtained from the operation.
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