The State Government has published this Saturday, which came into force on Sunday, an amendment to the Law on Fees (Royal Decree 10/2012).
The amendment introduces a subjective exemption from judicial rate for all individuals. Thus, individuals are completely exempted from rate, because they were not affected by the Catalan rates.
Measures in the area of Administration of Justice
Article 11. Amendment of Law 10/2012, of 20th November, which regulates certain rates in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences.
The Law 10/20142, of 20th November, which regulates certain rates in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences, is amended as follows:
One. Article 4, which is hereby amended to read as follows:
“Article 4. Exemptions from fee
- The objective exemptions from the fee are constituted by:
- The filing of a demand and the presentation of further resources in the case of the procedures specifically established for the protection of fundamental rights and public liberties, as well as against the performance of the electoral Administration.
- The request for voluntary bankruptcy by the debtor.
- The presentation of the initial request for the order for payment procedure and the demand for verbal trial in claim amount where the amount thereof does not exceed two thousand euros. This exemption shall not apply where in these procedures which exercise the claim based on a document having the character of extrajudicial enforcement in accordance with provisions of article 517 of the law 1/2000, of 7 January, of the code of Civil procedure.
- The interposition of administrative appeal when recourse in cases of negative administrative silence or inactivity of the Administration.
- The filing of the demand for enforcement of arbitral award given by the Consumer Arbitration Boards.
- The actions that will interpose the bankruptcy administrators in the interest of the mass of the bankruptcy and previous authorization of the Mercantile Judge.
- The procedures for judicial division of assets except in the event that formulated opposition or arises controversy over the inclusion or exclusion of goods. In this case is accrued rate by verbal judgment and for the amount which is discussed or the derivative of the challenge of the particional booklet, which will be paid by the opponent. If both objected, the fee shall be in charge of each by its respective amount.
- From subjective point of view, are, in any case, exempt from the tax:
- Legal persons that it has recognized the right to free legal assistance, certifying that they meet the requirements to do so in accordance with its regulatory.
- Department of Public Prosecutions
- The General State Administration, the Autonomous Communities, local authorities and dependent on all public bodies
- The Parliament and the Legislative Assemblies of Autonomous Communities.
Two. The second subparagraph of paragraph 2 of Article 6 is deleted.
Three. Amending of the first subparagraph of paragraph 2, which hereby amended to read as follows, and the paragraph 3 of Article 7 is deleted:
“2. It must be satisfied, in addition, the amount resulting from applying to the tax base determined pursuant to the provisions of the preceding article, the type of tax that corresponds, according to the following scale.”
Four. A second subparagraph shall be added to the first paragraph of article 8, which is drawn up as follows:
“However, they must not to submit self-assessments the subjects referred to in paragraph 2 of article 4”.