Those self-employed companies who were denied the flat social security fee and did not resort will be able to claim the amounts unduly paid in contributions, recovering up to 4,000 euros.
Until now, self-employed companies could not benefit from the flat social securityrate, to which only self-employed persons en discharged as natural persons were entitled.
For those who don’t know it, the flat rate for freelancers is an aid that allows you to pay a monthly fee of 60 euros during the first 12 months, enjoying a 50% reduction in the 12-18 month quota, and a 30% reduction from 18 to 24 months. This means that with the flat rate the new freelancers do not pay the full fee until they turn two in the RETA.
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But on 7 September 2020 the Treasury general rectified and changedits view, giving reason to all those self-employed companies who applied for the flat rate and were systematically refused. This is set out in Article 31 of Law 20/2007 of the Statute of the Self-Employed Person:
“As there is already settled jurisprudential doctrine, the approach that the Treasury has been maintaining must be changed so that self-employed workers are allowed to share capitalist companies to benefit from the contribution.”
This means that from this moment on, all self-employed companies will beeligible for the flat rate, both those who have just been enengod and those who have been engs en-registering with the RETA for years, but were denied access to that bonus when applying.
The flat rate for freelancers saves about 4,000 euros during the first two years in the RETA.
With the rectification of the General Treasury, all those corporate self-employed people who were refused the aid can now claim an average of 4,000 euros,which is approximately the amount unduly paid to Social Security in terms of contributions, when it should have been rewarded.
In fact, thousands of claims by self-employed companies are expected to arrive in the coming days, with the aim of being refunded the amounts entered into Social Security for contributions.
The amounts to berefunded will vary according to the contribution basis of each self-employed person, but it is estimated that on average the corporate self-employed will be able to receive about 4,000 euros, to which interest on undue income should be added to the Administration.
How to claim improper payments to Social Security?
The corporate self-employed who were refused the flat rate may request a review of the application,in order to obtain a refund of the difference between the amounts paid and the flat rate for self-employed persons.
Requirements for requesting the return of payments to Social Security
Any corporate self-employed person who has just signed up for the RETA will be entitled to the flat rate, but things change with those who have already made the application and were denied.
As established by the General Law on Social Security, claims for undue income are prescribed at four years. This means that only those corporate self-employed who en-en-haveed the RETA after September 2016 can apply for a refund.
It will also be necessary for the corporate self-employed to make the application at the time and the application to be refused. In the event that they have not made the request, they will now not be in a willingness to make the claim.
In short, if you are a corporate self-employed person, you were denied the right to the flat rate for freelancers, and you engapped to the RETA after September 2016, you will now be able to claim the amounts entered into Social Security improperly for the first two years as a self-employed person.