With the publication in the BOE of Order HFP/587/2023, of June 9, approving Model 718 relating to the Temporary Solidarity Tax of Great Fortunes (hereinafter "IGF"), various aspects have become clear that since the approval of the tax regulations indicated through Law 38/2022, of December 27, 2022, they were only intuited, not without some controversy.

These controversial issues were basically two:

• for the purposes of calculating the limit of the sum of the integral installments of the Personal Income Tax (“IRPF”), the Wealth Tax (“IP”) and the IGF, finally the quota must be taken into account full amount of the IP (box 152 of the model) and not the quota of the IP 2022 actually paid (box 205 of the model).

That is to say: regardless of whether the tax is fully or partially subsidized, the quota prior to said bonus will be deducted, whether or not it has actually been paid.

It is evident that this is an error by the legislator, with a result that he did not intend (remember that essentially, the IGF is a tax that coincides in its configuration with the IP with the particularity that only taxpayers with a higher net worth are affected to €3,000,000); Said error has now been confirmed by the Order as it was drafted and will mean a significant reduction in the collection originally planned.

• taxpayers who apply the expatriate regime (regulated in article 93 of Law 35/2006 of the “IRPF”-) will be taxed by real obligation in the IGF; that is, exclusively for the assets and rights that were located, could be exercised or had to be fulfilled in Spanish territory. This criterion, in fact, although it has now been confirmed, had already been accepted by the Administration through resolutions V0420-23 and V0424-23 of the Directorate General of Taxes.

All these clarifications already affect the first settlement of the new tax that corresponds to the year 2022 and whose presentation must be made electronically within the period between July 1 and 31 of the year following the date of accrual of the Tax. Therefore, the next self-assessment of the IGF accrued on December 31, 2022 must be carried out between July 1 and July 31, 2023 with these points already clarified.

Likewise, the tax is temporary and, in principle, will be applicable exclusively for the years 2022 and 2023. However, the approved regulation urges the Government to assess, at the end of the period of validity, the results and propose, where appropriate. , its maintenance or suppression.