{"id":11679,"date":"2022-11-30T14:08:32","date_gmt":"2022-11-30T13:08:32","guid":{"rendered":"https:\/\/entretramites.com\/en\/?p=11679"},"modified":"2023-03-09T14:04:47","modified_gmt":"2023-03-09T13:04:47","slug":"flat-rate-for-self-incorporated","status":"publish","type":"post","link":"https:\/\/entretramites.com\/en\/self-employed\/flat-rate-for-self-incorporated","title":{"rendered":"How to request a refund of the flat rate for Self-incorporated workers"},"content":{"rendered":"\n<p>Are you a self-incorporated worker?&nbsp;Hasn&#8217;t it been more than 4 years since you registered as such?&nbsp;Was it your first registration as a self-incorporated (or when you registered as such, you had not been self-employed in the last five years)?&nbsp;You are lucky&nbsp;<strong>because now you can request Social Security to refund the flat rate for self-incorporated workers, a figure that ranges between \u20ac1,500 and \u20ac4,000<\/strong>&nbsp;(depending on your particular case).<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>How can I make the claim for the refund of the flat rate for self-incorporated?<\/strong><\/h2>\n\n\n\n<p>The&nbsp;<strong>General Treasury of Social Security has implemented a process to request a&nbsp;refund of the flat rate for self-incorporated workers <\/strong>(known as &#8220;aut\u00f3nomo societario&#8221; in Spain), which <strong>facilitates the entire process<\/strong>.&nbsp;In order to do this, you will need:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>A Digital certificate (Cl@ve)<\/li>\n\n\n\n<li>Bank certificate of your checking account (proving that the account is yours)<\/li>\n<\/ul>\n\n\n\n<p>The steps to follow would be these:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li><strong>Calculate the excess contribution you have paid.<\/strong><\/li>\n\n\n\n<li>Enter the <a href=\"https:\/\/sede.seg-social.gob.es\/wps\/portal\/sede\/sede\/Inicio?changeLanguage=en\" target=\"_blank\" rel=\"noreferrer noopener nofollow\"><strong>Social Security Electronic Headquarters<\/strong><\/a> and look for the&nbsp;<strong>Citizens<\/strong>&nbsp;section, and click on&nbsp;<strong>Collection<\/strong>, and within this section click on&nbsp;<strong>Refund of payments of special schemes and systems.<\/strong><\/li>\n\n\n\n<li>Choose the option&nbsp;<strong>Request undue payment return.<\/strong><\/li>\n\n\n\n<li><strong>A&nbsp;form will open to complete<\/strong>&nbsp;the following fields: \n<ul class=\"wp-block-list\">\n<li>SS scheme of the person requesting the refund: 0521 \u2013 SPECIAL SCHEME FOR SELF-EMPLOYED WORKERS<\/li>\n\n\n\n<li>Settlement period: indicate the contribution periods for which the refund is requested.<\/li>\n\n\n\n<li>Requested amount.<\/li>\n\n\n\n<li>Code of the reason for requesting the refund: 07 \u2013 UNAPPLIED CONTRIBUTION BENEFITS <\/li>\n\n\n\n<li>Briefly describe the motif of the request.<\/li>\n<\/ul>\n<\/li>\n\n\n\n<li>Indicate the&nbsp;<strong>details of the bank account<\/strong>&nbsp;to receive the refund.<\/li>\n\n\n\n<li>Click on the&nbsp;<strong>continue button.<\/strong><\/li>\n\n\n\n<li><strong>Attach a bank certificate<\/strong>&nbsp;(as attached documentation)<\/li>\n\n\n\n<li><strong>Sign the application<\/strong>&nbsp;(with your digital certificate)<\/li>\n\n\n\n<li><strong>A window will appear with the presentation<\/strong>: and you will find a code of this type with which to track your request.<\/li>\n<\/ol>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Do you want us to help you make a claim to refund the flat rate for self-incorporated workers?<\/strong><\/h2>\n\n\n\n<p>If you want us to take care of it, send us an email to&nbsp;<a href=\"mailto:info@entretramites.com\"><strong>info@entretramites.com<\/strong><\/a>&nbsp;with the SUBJECT: <strong>&#8220;Refund of the flat rate for the self-incorporated&#8221;.&nbsp;<\/strong>We indicate the cost and start the whole process right away.&nbsp;We have already managed to help numerous self-employed workers like you and&nbsp;<strong>we can take care of all the necessary procedures.<\/strong><\/p>\n\n\n\n<p>In addition, our&nbsp;<strong>consulting service and procedures for the self-employed<\/strong> are adapted to help you manage your day-to-day paperwork.&nbsp;Dedicate yourself to what really matters:&nbsp;<strong>your business<\/strong>.&nbsp;<strong><a href=\"https:\/\/entretramites.com\/en\/services\/advice-self-employed\" target=\"_blank\" rel=\"noreferrer noopener\">Hire<\/a>&nbsp;<\/strong>now!<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>What is the origin of the refund of the flat rate for self-incorporated workers?<\/strong><\/h2>\n\n\n\n<p>The beginning of all this procedure is article 31.1 of Law 20\/2007, of July 11, of the Statute of the Self-Employed Worker, which establishes:<\/p>\n\n\n\n<p><em>The fee for common contingencies, including temporary disability, of self-employed workers who cause initial registration or who had not been in a situation of registration in the immediately preceding 5 years, counting from the effective date of registration, in the Special Social Security Scheme for Self-Employed Workers will be reduced to the amount of 50 euros per month during the 6 months immediately following the effective date of registration, in the event that they choose to contribute on the corresponding minimum base.<\/em><\/p>\n\n\n\n<p>According to this,&nbsp;basically<strong>, any self-employed person who met these requirements should have been able to take advantage of this reduction<\/strong>.&nbsp;However, it has not been like that.<\/p>\n\n\n\n<p><strong>Social Security understood, on its own, that the self-in<strong>corporate<\/strong>d did not have the right to it<\/strong>, so when you registered as a self-incorporated worker,&nbsp;<strong>it did NOT grant you any reduction and instead of paying the \u20ac50 as a self-incorporated, you began, instead, to pay around \u20ac300 per month.<\/strong><\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><strong>The General Treasury of Social Security should have applied the Flat Rate by default, also to the self-incorporated workers, but it DID NOT.<\/strong><\/h5>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Why can you now request a refund of the flat rate for self-incorporated workers?<\/strong><\/h2>\n\n\n\n<p><strong>The Administration has changed its mind.<\/strong><\/p>\n\n\n\n<p>In order to get the Administration to change its criteria, it has had to be sued numerous times.&nbsp;In the end, it was the&nbsp;<strong>Supreme Court in a judgment of December 3, 2019, in which the right of the self-incorporated to access the flat rate bonus is recognized<\/strong>, appeal no. 5252\/2017, judgment no. 1669\/ 2019.&nbsp;The Court has stated that the fact that the self-incorporated are not expressly included cannot be interpreted restrictively that it is excluded from the flat rate bonus.&nbsp;<strong>This sentence obliges the TGSS to return the <strong>excess<\/strong><\/strong> <strong>amounts collected.<\/strong><\/p>\n\n\n\n<p>In addition, in this sentence, it is established that section 3 of article 31 of Law 20\/2007 applied to this case,&nbsp;<strong>does not prevent the recognition of the benefits provided for by this provision to those who meet the status of sole managing partner of a sole proprietorship limited liability <strong>company<\/strong><\/strong>&nbsp;and has been registered for the first time in the Special Scheme for Self-Employed Workers of Social Security.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><strong>The Supreme Court in a judgment of December 3, 2019, has recognized the right of self-incorporated workers to access the flat rate bonus, which allows self-incorporated workers to claim undue income.<\/strong><\/h5>\n\n\n\n<p><strong>The General Treasury of Social Security has no other choice<\/strong>&nbsp;and admits that it is necessary to&nbsp;<em>&#8220;modify the criteria that it has been maintaining in order to allow self-employed members of capitalist mercantile companies, whether limited or anonymous companies, to access to the benefits in the listing&#8221;.<\/em><\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Can you claim a refund of the flat rate for self-incorporated workers?<\/strong><\/h2>\n\n\n\n<p><strong>If you meet the conditions that were indicated at the beginning, YES, YOU CAN DO IT.<\/strong><\/p>\n\n\n\n<p>Request the claim right now for the refund of undue income due to the non-application of the flat rate for the self-employed (since the administrative prescription occurs after four years).&nbsp;Also, remember to regularize the Personal Income Tax (IRPF) situation corresponding to those quotas.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>How much are they going to give you back?<\/strong><\/h2>\n\n\n\n<p><strong>It depends on when you signed up and your particular conditions.&nbsp;<\/strong>This is the first thing you have to take into account.<\/p>\n\n\n\n<p>We give you an example: if your registration is from September 2016 they have to return 80% of what you contributed the first year, half of the other 6 months, and 30% of the following 6 months.<\/p>\n\n\n\n<p>As we said at the beginning, it could range from \u20ac1,500 to \u20ac4,000 (and more in special cases (under 30, women under 35, functional diversity, etc.)<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>And from now on?<\/strong><\/h2>\n\n\n\n<p>From now on,&nbsp;<strong>if you meet the requirements to request a refund of the flat rate for self-incorporated workers, the benefit must be applied to you from the beginning.<\/strong><\/p>\n\n\n\n<p><strong>You may be also interested in:<\/strong><\/p>\n\n\n\n<figure class=\"wp-block-table\"><table><tbody><tr><td><a href=\"https:\/\/entretramites.com\/autonomo\/ayudas-aprobadas-para-trabajadores-autonomos\" target=\"_blank\" rel=\"noreferrer noopener\">Aid Approved for Self-Employed Workers<\/a><\/td><\/tr><tr><td><a href=\"https:\/\/entretramites.com\/autonomo\/respuestas-nuevas-ayudas-para-autonomos\" target=\"_blank\" rel=\"noreferrer noopener\">Questions and answers about the new aid for the Self-employed<\/a><\/td><\/tr><\/tbody><\/table><\/figure>\n","protected":false},"excerpt":{"rendered":"<p>You&#8217;re lucky!\u00a0You can request Social Security to refund the flat rate for Self-Incorporated workers, which can be between \u20ac1,500 and \u20ac4,000.<\/p>\n","protected":false},"author":10,"featured_media":19461,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[192],"tags":[429],"class_list":["post-11679","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-self-employed","tag-flat-rate"],"acf":[],"_links":{"self":[{"href":"https:\/\/entretramites.com\/en\/wp-json\/wp\/v2\/posts\/11679","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/entretramites.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/entretramites.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/entretramites.com\/en\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/entretramites.com\/en\/wp-json\/wp\/v2\/comments?post=11679"}],"version-history":[{"count":5,"href":"https:\/\/entretramites.com\/en\/wp-json\/wp\/v2\/posts\/11679\/revisions"}],"predecessor-version":[{"id":19506,"href":"https:\/\/entretramites.com\/en\/wp-json\/wp\/v2\/posts\/11679\/revisions\/19506"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/entretramites.com\/en\/wp-json\/wp\/v2\/media\/19461"}],"wp:attachment":[{"href":"https:\/\/entretramites.com\/en\/wp-json\/wp\/v2\/media?parent=11679"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/entretramites.com\/en\/wp-json\/wp\/v2\/categories?post=11679"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/entretramites.com\/en\/wp-json\/wp\/v2\/tags?post=11679"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}