ABOGADOS ASESORES

EXTRAORDINARY GOVERMENT ASSITANCE FOR AUTONOMOS AS CONSENCUENCE OF THE STATE OF ALARM DECREED IN SPAIN TO ROOT THE CORONAVIRUS PANDEMIC

There are many doubts that are being asked of self-employed workers, as to how to be able to carry out the request for aid approved by the Government as a result of the State of Alarm, from this post we will try to explain in a clear way, all the issues who and how this extraordinary benefit can apply for.

Here are all the issues:

1.- Who can apply for this government assistance?

All self-employed or self-employed persons whose activities have been suspended by the declaration of the alarm status (according to the annex to RD 463/2020,  https://www.boe.es/buscar/doc.php?id=BOE-A-2020-3828) or in the event that their billing in the month preceding the benefit is reduced by at least 75% compared to the average turnover of the previous semester.

Also included among beneficiaries are self-employed persons with workers in their care who have had to close for the declaration of the alarm status or suffered a reduction in their turnover by at least 75%. Although to benefit from it they must present an ERTE for their workers and in turn apply for this extraordinary benefit.

Similarly, self-employed persons of the Special Sea Regime, as well as worker partners of cooperatives of associated work, are included.

2.- What requirements are required?

In addition to its activity being included in one of those that suspended the Royal Decree of State of Alarm or later or accrediting a business drop of 75%, it is essential that the self-employed person is registered in Social Security on the date on which the State of Alarm was declared (14-03-2020).

Therefore, if the self-employed person has previously unsubscribed, he will not be able to receive this assistance. It will not be required, however, to be quoted for at least 12 months for cessation of activity.

Another requirement is to be aware of the payment of social security fees. However, if this requirement is not met on the date of suspension of the activity or reduction of the invoicing, the self-employed person may, within the unpayable period of thirty calendar days, in order to regularize the situation and thus receive the aid.

3.- What is the amount of the benefit?

It shall be 70% to the regulatory base, calculated with the average of the bases on which the self-employed person has quoted the continuous and immediately preceding twelve months. If the applicant has not quoted at least 12 previous months for cessation of activity, the amount shall be 70% of the minimum contribution base of the Autonomous or Sea Workers’ Scheme (EUR 661.04).

4.- How long will this help be charged?

Its duration will be one month and will be extended until the last day of the month in which the Alarm State ends in the event that it extends longer than expected.

5.- Should the self-employed be discharged from Social Security or the Treasury?

No. For the duration of the recovery of this aid, the State shall be quoted by the worker. For this reason, the period during which you receive the benefit will not be subtracted from the periods of cessation of activity benefit to which the beneficiary is entitled in the future.

6.- What about freelancers who charge bonuses or flat rates linked to being discharged?

The decree regulating this aid indicates that the time received for this extraordinary benefit shall count as actually quoted. For this reason, it may be requested by the self-employed persons who are receiving these aids and will not lose the bonuses conditional on the maintenance of the activity.

7.- Where is the benefit requested?

The self-employed worker must contact his/her mutual collaborator with Social Security and request it online

8.- What documentation should be provided with the application for the benefit?

For self-employed persons whose activity is suspended, the following must be attached:

  1. Model 145 of the Tax Agency duly completed.
  2. Photocopy of your identity card.
  3. The last two quote receipts (bank payment)
  4. The family book in case you have dependent children.
  5. Certificate of ownership of the bank account to be paid the benefit concerned.

For workers who request help for the decline of their activity by more than 75%, in addition to the previous documentation, they will have to prove this fall with the documentation requested by the mutual.

In the case of self-employed persons who are taxed by modules and are not required to invoice, Social Security is considering how to adapt this benefit.

9.- Can more documentation from Social Security be required?

The answer is yes, and the documentation would be as follows, depending on the case of each applicant:

  • Family book or equivalent document in case of foreigners, if there are children in their care.
  • Certificate of General Treasury of Social Security to be aware of payment.
  • If there is a postponement of unpaid fees to the General Treasury of Social Security: resolution of the General Treasury of Social Security, of the deferral of unpaid dues, and monthly supporting of the payment and compliance with the deadlines established in it.
  • If there are quotes abroad: documentation proving the quotes made abroad.
  • Administrative or Judicial Resolution recognizing the corresponding provision or aid, if any granted.
  • Specific documentation when monthly invoicing reduction is claimed: Record book of invoices issued and received; daily book of income and expenses; sales and revenue record book; book of purchases and expenses, or any other means of proof admitted in law to prove such reduction in billing.

If you have any questions, don’t stop contacting us. Even if our office is closed to the public, we will still follow you, and you can contact us through the following means to make an appointment remotely:

  • Phone: +34 965 792 015
  • Email: info@lextax.es
  • Skype: lextax.consulting
  • Whatsapp: +44 20 3289 9071 (Please note that no calls will be answered by Whatsapp, you will only be contacted for the appointment request)


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