New Covid Line of direct aid to the self-employed and companies to support solvency and reduction of private sector indebtedness

Royal Decree-Law 5/2021, of March 12, published in the BOE of March 13, 2021, creates the Covid Line of direct aid to non-financial and self-employed companies (entrepreneurs and professionals) most affected by the pandemic (sectors of the attached Annex), with tax domicile in Spanish territory or in the case of non-financial non-resident entities that operate in Spain through a permanent establishment, which will be finalist and should be applied to the satisfaction of debt and payments to suppliers and other creditors, financial and non-financial, as well as the fixed costs incurreds, as long as they have accrued between March 1, 2020 and May 31, 2021 and come from contracts prior to the entry into force of this Royal Decree-Law (prior to March 13, 2021). En primer lugar, payments to suppliers will be satisfied, in order of seniority and, if applicable, the nominal amount of the bank debt will be reduced, prioritizing the reduction in the nominal amount of the debt with public guarantee.

The Autonomous communities and the cities of Ceuta and Melilla will make the corresponding calls for the allocation of direct aid to recipients located in their territories and will assume the processing and management of applications.

El Real Decreto-ley sets the basic framework of the requirements to be eligible for the new line and the criteria for setting the amount of the aid.

The AIDS may not exceed the maximum amounts and / or limits established by the Royal Decree-Law, depending on the fall in the volume of operations, except Balearic and Canary Islands that may increase the percentages of coverage of losses and the maximum limits of the aid.

Recipients will be considered of these grants, employers or professionals and entities attached to the sectors defined in the Annex I, and whose trading volume annual declared or verified by the Administration, in VAT or equivalent indirect tax has fallen more than 30% in 2020 compared to 2019

In case of businessmen or professionals who apply the regime of direct estimate in personal income tax, as well as permanent entities and establishments that have a maximum of 10 employees, The maximum aid that will be granted will be 40% of the fall in the volume of operations in 2020 compared to 2019 that exceeds said 30%.

In case of entities and businessmen or professionals and permanent establishments that have more than 10 employees, the maximum aid will be 20% of the amount of the fall in the volume of operations in 2020 compared to 2019 that exceeds said 30%.

In both cases, the aid may not be less than 4,000 euros or more than 200,000 euros.

In case of consolidated groups that are taxed in Corporation Tax in the consolidated tax regime, the above limits will apply to the group as a whole.

Recipients are also considered, employers or professionals who apply the regime of objective estimation en el IRPF attached to the sectors defined in Annex I. In this case, the maximum aid limit will be € 3,000.

Among the requirements that recipients must meet at the time of submitting the application, we highlight that of be up-to-date in compliance with tax obligations and against Social Security, although for Agreement of the Council of Ministers may establish additional requirements.

The recipients agree to maintain the activity corresponding to the aid until June 30, 2022, not to distribute dividends during 2021 and 2022, and not to approve increases in the remuneration of senior management during a period of two years from the application of any of the measurements.

In no case are they considered recipients those businessmen or professionals, entities and consolidated groups that in the corresponding personal income tax return a 2019 have declared a negative net result for the economic activities in which the direct estimation method had been applied for its determination or, where appropriate, the taxable income of the IS or IRNR has been negative in said year, before the application of the capitalization reserve and compensation of negative tax bases.

ANNEX I

CNAE-2009 Activity description

0710 Extraction of iron ores.

1052 Manufacture of ice cream.

1083 Making coffee, tea and infusions.

1101 Distillation, rectification and mixing of alcoholic beverages.

1103 Manufacture of cider and other fermented beverages from fruits.

1413 Manufacture of other outer garments.

1419 Manufacture of other clothing and accessories.

1420 Manufacture of articles of fur.

1439 Manufacture of other knitwear garments.

1811 Graphic arts and related services.

1812 Other printing and graphic arts activities.

1813 Pre-printing and media preparation services.

1814 Bookbinding and related services.

1820 Reproduction of recorded media.

2051 Manufacture of explosives.

2441 Precious metal production.

2670 Manufacture of optical instruments and photographic equipment.

2731 Manufacture of fiber optic cables.

3212 Manufacture of jewelery and similar articles.

3213 Manufacture of costume jewelery and similar articles.

3316 Aeronautical and space repair and maintenance.

3530 Steam and air conditioning supply.

4616 Intermediaries trade in textiles, clothing, fur, footwear and leather goods.

4617 Intermediaries in the trade of food products, beverages and tobacco.

4624 Wholesale of hides and skins.

4634 Wholesale of beverages.

4636 Wholesale of sugar, chocolate and confectionery.

4637 Wholesale trade of coffee, tea, cocoa and spices.

4638 Wholesale trade of fish and shellfish and other food products.

4639 Non-specialized wholesale trade of food products, beverages and tobacco.

4644 Wholesale trade of porcelain, glassware and cleaning supplies.

4648 Wholesale trade of watches and jewelery.

4719 Other retail trade in non-specialized establishments.

4724 Minor trade of bread and bakery, confectionery and pastry products in specialized establishments.

4725 Retail sale of beverages in specialized stores.

4741 Retail sale of computers, peripheral equipment and software in specialized stores.

4751 Retail sale of textiles in specialized stores.

4762 Minor trade of newspapers and stationery in specialized establishments.

4771 Retail sale of clothing in specialized stores.

4772 Retail sale of footwear and leather goods in specialized stores.

4777 Retail sale of watches and jewelery in specialized stores.

4782 Retail trade in textile products, clothing and footwear in stalls and markets.

4789 Retail trade of other products in stalls and markets.

4799 Other minor trade not carried out neither in establishments, nor in stalls or markets.

4931 Urban and suburban passenger land transport.

4932 Transportation by taxi.

4939 Types of passenger land transport n.e.c.

5010 Maritime passenger transport.

5030 Passenger transport by inland waterways.

5110 Air passenger transport.

5221 Activities related to land transportation.

5222 Activities related to maritime and inland waterway transport.

5223 Activities related to air transport.

5510 Hotels and similar accommodation.

5520 Tourist accommodation and other short stay accommodation.

5530 Campsites and caravan parks.

5590 Other accommodation.

5610 Restaurants and food stands.

5621 Provision of meals prepared for events.

5629 Other food services.

5630 Beverage establishments.

5813 Publishing of newspapers.

5914 Film exhibition activities.

7420 Photography activities.

7711 Car and light motor vehicle rental.

7712 Truck rental.

7721 Rental of leisure and sporting goods.

7722 Rental of video tapes and records.

7729 Rental of other personal effects and household items.

7733 Rental of office machinery and equipment, including computers.

7734 Rental of means of navigation.

7735 Rental of means of air transport.

7739 Rental of other machinery, equipment and tangible goods n.e.c.

7911 Travel agency activities.

7912 Activities of tour operators.

7990 Other reservation services and related activities.

8219 Photocopying, document preparation and other specialized office activities.

8230 Organization of conventions and trade fairs.

8299 Other business support activities.

9001 Performing Arts.

9002 Auxiliary activities to the performing arts.

9004 Management of show rooms.

9102 Museum activities.

9103 Management of historical sites and buildings.

9104 Activities of botanical gardens, zoos and nature reserves.

9200 Gambling and betting activities.

9311 Management of sports facilities.

9313 Gymnasium activities.

9319 Other sports activities.

9321 Amusement park and theme park activities.

9329 Other recreational and entertainment activities.

9523 Repair of footwear and leather goods.

9525 Watch and jewelery repair.

9601 Washing and cleaning of textile and leather garments.

9604 Physical maintenance activities.

From the information provided by different media, it cannot be ruled out that the list of activities can be expanded.

We will inform you of the most relevant official modifications or updates that are published on this line.