A tax is defined as a tribute compulsorily required by Public Administrations, which must be satisfied by the taxpayer without receiving any type of direct consideration in return and must be approved by law.

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Characteristics

The main characteristics are:

  • They are compulsorily required by the public sector, meaning taxpayers are obligated to pay them.
  • They lack direct consideration, although they are the main source of public sector resources and what funds public expenses, so to a greater or lesser extent the investment of that amount is visible and directly affecting us.
  • They must be approved through law.

Classification

Taxes can be classified in several ways. Here are 4 of them:

  • According to criteria:

    • Direct: They are characterized because there is a direct and periodic relationship between the Tax Administration and the taxpayer in tax collection. They tax income generation or patrimony possession. Examples: Personal Income Tax (IRPF), Corporate Tax (IS) and Inheritance and Gift Tax (ISD).

    • Indirect: There is an indirect relationship between the taxpayer and the Tax Administration. They usually tax the use or consumption of income as well as certain patrimonial transfers that are not developed within commercial traffic and are easily transferable to other economic subjects. Examples: Value Added Tax (VAT), Property Transfer Tax and Documented Legal Acts (ITPAJD) and Special Taxes (IIEE).

  • According to the taxable person:

    • Personal or subjective: They tax total income or patrimonial set whose ownership is referred to a natural or legal person and adapt to the personal payment capacity of the taxpayer by taking into account the personal or specific circumstances of the taxable persons. Examples: IRPF, IS and ISD.

    • Real or objective: The tax burden falls on objects or activities without taking into account the personal or specific circumstances of taxpayers. Examples: VAT and Real Estate Tax (IBI).

  • According to payment capacity index:

    • Generated income: Example: IRPF.
    • Accumulated income or wealth: Example: IBI or on its transmission (ISD and ITPAJD).
    • Spent income or consumption: They are classified into three subgroups: Taxes on personal spending, General taxes on consumption and Tax on specific consumption.
  • According to tax rate:

    • Ad valorem: The tax rate is established as a percentage to apply on a monetary base. These can be classified into three categories: proportional, progressive and regressive.
    • Ad quantum or unit: A fixed amount is paid per physical unit of taxable base.

Tax elements

  • Taxable event: That circumstance whose realization, according to law, originates the tax obligation.
  • Taxable person: It is the natural or legal person who is obligated by law to comply with tax obligations.
  • Tax creditor: It is the administrative entity directly benefited by tax collection.
  • Taxable base: It is the quantification and valuation of the taxable event and determines the tax obligation.
  • Tax rate: It is the proportion applied to the taxable base in order to calculate the tax burden. This proportion can be fixed or variable.
  • Tax quota: That amount that represents the tax burden and can be a fixed amount or the result of multiplying the tax rate by the taxable base.
  • Tax debt: It is the final result after reducing the quota with possible deductions and increasing it with possible surcharges.

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