Showing posts with label spanish taxes. Show all posts
Showing posts with label spanish taxes. Show all posts

Tuesday, 28 April 2020

HAS THE SPANISH NATIONAL INSTITUTE OF EMPLOYMENT ACCEPTED THE TEMPORARY LAY-OFF FILE SUBMITTED BY YOUR COMPANY?


Over one month ago, on March 14th, the Spanish Government declared the alarm status. Within the first month of it, Spanish companies submitted 480.000 temporary lay-off files, that affected more than 3.000.000 workers throughout the Spanish country.

The high number of requests has caused delays in the procedures. To such an extent, that in April many workers have not even received an answer concerning their unemployment allowance.

If you want to know whether your temporary lay-off file has been admited or not, you can log into the following website of the Spanish National Institute of Employment and get the pertinent information by using your digital certificate or a „cl@ve“ password:


Once inside, click on the following:

1.       „PERSONAS“

2.        „PRESTACIONES“

3.       „CONSULTAS DE LA PRESTACIÓN“


For further information: htttp://www.fernandezbaladron.com

Wednesday, 15 April 2020

EXTENSION OF DEADLINE FOR THE SUBMISSION OF QUARTERLY TAX STATEMENTS




The Spanish Government has published today the Royal Decree Law No. 14/2020, of April 14th, which extends the deadlines for the presentation and payment of tax returns belonging to taxpayers whose turnover in 2019 had not exceeded 600.000€. Most specifically, this Royal Decree Law extends the deadlines fort he presentation of quarterly statements until May 20th 2020.

The above mentioned Royal Decree Law has entered into force today. The Government and the Ministry of Finance are empowered to adopt the necessary measures to develop this Royal Decree Law.



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Tuesday, 14 April 2020

NET RETURNS FOR AGRICULTURE REDUCED




Net return rates applicable in the objective estimation method of the personal Income Tax have been reduced for agricultrural and livestock activities affected by exceptional circumstances. For further information: https://lnkd.in/g4pT5Xr





Saturday, 11 April 2020

THE BURDING OF PROOF BELONGS TO THE TAX ADMINISTRATION




The Superior Court of Justice of Cataluña concludes that it is the Tax Administration who must prove the existence of a liberality. This conclusion takes place in a sentence of May 23rd 2019 concerning a legal case in which the Tax Administration alleged that the market value of the services prerformed by a partner to a company was much higher than the one invoiced by the partner. The difference, according to the tax administration, was a liberality subject to taxation.

The Court understands that the Tax Administration is bound to proof that the value of the benefit is different from the one reflected in the accounts (STSJ No. 34/2018).

THE SPANISH SOCIAL SECURITY HAS SUSPENDED THE COLLECTION OF APRIL 2020 CONTRIBUTIONS



Yesterday expired the deadline to request for deferral of Social Security contributions correspondent to the month of April 2020.

Due to the exceptional situation caused by COVID-19, the Spanish Social Security has decided to suspend deadlines for the collection of all contributions which deferment has been requested. Until the Spanish Social Security can resolve the hundreds of thousands of applications submitted, no debt claims will be issued, no surcharges will be applied and there will be no modification in the taxpayer’s situation of being up to date with Social Security. 

If you have requested the deferment of April 2020 contribution, you can get further information about the situation of your requestment in the following link of the Spanish Social Security website:

https://sede.seg-social.gob.es -> ciudadanos -> otros procedimientos -> Consulta de solicitudes de la Tesorería General de la Seguridad Social presentadas por Registro Electrónico





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Friday, 10 April 2020

LAST DAY TO REQUEST THE DEFERRAL OF APRIL 2020 SOCIAL SECURITY CONTRIBUTION



Since April 8th 2020, only 48 hours prior to the deadline to request the deferral of April 2020 Social Security contribution (article 34 of Royal Decree Law No. 11/2020), the web of the Social Security finally allows online petition of that deferment. 

To ask for the deferral, log into the following link of the Social Security before midnight today (24:00h of 10.04.2020): 


Once inside the page, the first option must be chosen (“APLAZAMIENTO EN EL PAGO DE DEUDAS A LA SEGURIDAD SOCIAL”). 

This procedure can be done with a digital certificate or with a 24 hours password (Clave), in one’s own behalf or on behalf of a third party. 



http://www.fernandezbaladron.com

Thursday, 9 April 2020

EXTENSION OF DEFERMENT OF TAX PAYMENTS



The Royal Decree Law No. 8/2020, of March 31st, has extended the possibility of deferment to the tax debts with regional and local administrations (Royal Decree Law No. 11/2020).

The measures adopted by this Royal Decree Law, particularly by its article No. 33, are basically the following:

1.       Temporary suspension of VAT, special tax on electricity and special hydrocarbon tax for electricity, natural gas, manufactured gas and petroleum gas distributors whose invoices could not be collected due to the financial situation created by the alarm status (article No. 44.4 RDL).

2.      Possibility of deferring a maximum of 6 months debts of less than 30.000€ derived from custom declarations delivered between 02.03. and 30.05.2020(article No. 52 RDL), provided that the recipient’s turnover did not exceed 6.010.121,04€ in 2019.

3.      Possibility of deferring payment deadlines of debts with regional and local administration (article No. 53 RDL).

4.      Extension of terms to file appeals which should have been filed between March 3rd and April 30th 2020.

5.      Exemption of the gradual part of the tax on asset transfers to notarial deeds of novation of mortgage loans and credits that are produced as a consequence of the financial situation derived from the alarm status.

 
 

Wednesday, 8 April 2020

HOW TO DISINFECT FILTERING FACEPIECES


There are, at least, four key aspects that must be taken into consideration when sterilizing or disinfecting filtering facepiece respirators:

·         Effectiveness against the target organism (e.g.: COVID 19)

·         Safety fort he person wearing it (e.g.: no off-gassing of chemicals into the breathing zone)

·         The disinfection cannot affect the respirator’s fit

·         Not damage the respirator’s filtration

If the filtration is damaged or the respirator does not fit, it will not help reduce exposure to airborne particles at the level indicated by the supplier (e.g.: FFP2, FFP3, etc).

By the time being, no disinfection method has met all four criteria. Thus, none of them is currently acceptable.

Based on currently available data, it is not recommendable to attempt to sanitize, disinfect or sterilize filtering facepieces.



Monday, 6 April 2020

CHANGES IN THE ANNUAL INFORMATIVE STATEMENT ON SECURITIES & INSURANCE (FORM No. 189)





The Order No. HAC/175/2020, of February 4th, replaces the previous form of annual informative statement of securities & insurance (form No. 189) by one directly readable by the computer. The new statement introduces the following changes:

·         The cell “CLAVE DE MERCADO” is modified, in order to distinguish between countries of the European Union and other foreign countries.

·         The cell “NÚMERO DE VALORES” is modified, in order to use the same calculation formula as the annual declaration of financial assets (form No. 198).

·         The new form adds the cell “CLAVE DE TITULARIDAD”, to distinguish the condition of the bare owner of values that are the object of the declaration.

All these modifications enter into force on February 29th of 2020 and are applicable for the firts time to the statements corresponding to 2019.




Sunday, 5 April 2020

ADVANTAGES OF ENERGY EFFICIENT VEHICLES





Has your company provided you with an energy efficient vehicle? You might meet the requirements to reduce that return in kind by 30%


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Monday, 30 March 2020

DEFERMENT OF TAX PAYMENTS DUE TO COVID-19



One of the foremost measures established by the Spanish Government by Royal Decree Law 7/2020, of March 12th, of urgent measures to face the economic impact produced by COVID-19, is the possibility of deferring payments of taxes corresponding to the first quarter 2020. This postponement can be carried out for a period of up to 6 months, though the debt is only exempt of interests during the first 3 months of deferment.
This deferment can be requested by all Spanish companies and freelancers who meet the following requirements:
  • Having a turnover of less than 6.000.000€
  • The amount of the debt does not exceed 30.000€
  • The request must be made before May 30th 2020.


HOW TO REQUEST THE DEFERMENT

The application is made under a simplified self-assessment procedure, with prior recognition of the amount to be paid, in the following web site of the Spanish Tax Office:
https://www.agenciatributaria.gob.es/AEAT.sede/Inicio/Inicio.shtml
Press the option “aplazamiento y fraccionamiento de deudas/presentar solicitud”. You will need a digital certificate or a 24-hour PIN.


http://www.fernandezbaladron.com

EXPIRED CERTIFICATES ARE TEMPORARILY VALID



In accordance to Royal Decree 463/2020, of March 14th, those taxpayers whose digital certificate has expired are allowed to use the expired certificate within the alarm state.

In case the usual browser did not accept the expired certificate, the Spanish Tax Office recommends to install it in MOZILLA FIREFOX.


For further information, you can call any of the following telephone numbers:
901 200 347 or 91 757 57 77

Sunday, 9 February 2020

HOW TO MODIFY COMPANY BYLAWS

 
 
According to Chapter I, Title I of Spanish Capital Companies Act (R.D.L. 1/2010, of July 2nd), to modify company bylaws, it is necessary:
1.       A proposal for modification (carried out by the administrators or the partners).
2.       Convene a General Shareholder’s Meeting.
3.       Approve the Agreement to modify the bylaws.
4.       Record the modification agreement in a public deed.
5.       Register the deed of modification in the Trade Registry.
6.       Publish the agreement in the Official Gazette of the Trade Registry.
The Trade Registry itself is responsible for publishing the agreement in the Official Gazette: the entity will only have to pay for the correspondent fees.
There is one exception to the need of agreement in a General Meeting: change of the company’s Registered Office within Spain. In this case, according to article No. 285 of the Capital Companies Act, the agreement can be taken directly by the administrators, unless company bylaws had provided otherwise.
An Extraordinary General Meeting can be constituted:
1.       without prior notice when all capital is present or represented and the partners accepted unanimously holding the meeting, or
2.       with prior notice of, at least, 15 days in advance (in case of limited companies)
The agreement needs of a reinforced legal majority, consistant of half plus one, in case of limited companies, and the absolute majority of the capital presented or represented in the General Meeting (provided that the capital presented or represented was, at least, 50% on first call and 25% on second call).
 
 

Tuesday, 4 February 2020

WITHHOLDING OF DIVIDENDS PAID TO A SPANISH LIMITED COMPANY




Is it necessary to withhold on dividends paid by a Spanish limited company, when the receiver of these dividends is another Spanish company?

The answer will depend on the percentage of ownership (or the value of the participation) and the time the participations have been held in the capital of the investor.

  1.  If the participations represent a percentage which is greater than 5% (or they have a value greater than €20.000.000) and they have been held in the investor’s equity, at least ONE year before the collection of dividends (or if they are going to be held for the remaining time), OR if both companies belong to a fiscal group, the dividends are NOT subject to withholding (Art. 128.4.d. LIS u. 61 RIS).
  2. Otherwise, dividends are subject to 19% withholding, which must be declared using a form 123.




For further information: luisa@fernandezbaladron.com - http://www.fernandezbaladron.com 








Saturday, 1 February 2020

VAT MINI ONE STOP SHOP





Since 2015, all telecommunication, broadcasting, TV and electronically provided services (hereinafter “TBTSE”) are taxed in the state of establishment of the recipient.

This rule has incredibly increased indirect tax burden. To reduce it, on January 1st 2019 it was established that, when TBTSE provided to final consumers located in other EU states do not exceed €10,000 (VAT excluded) they will be taxed in the state of the service provider, although the taxpayer may opt for taxation in other UE state where he is established.

Also with the aim of reducing indirect tax burden, an optional VAT scheme is created: Mini One-Stop Shop (hereinafter MOSS), a scheme that allows TBTSE entrepreneurs and professionals submitting their VAT returns only in the state in which they have registered as TBTSE operators.
Since January 1st 2019, TBTSE entrepreneurs and professionals who are not established in a UE country may use MOSS scheme, provided that they are registered in a UE country for VAT purposes. Thus, two variants of MOSS are created: external and internal.

EXTERNAL MOSS

External MOSS is applicable to those entrepreneurs or professionals not established in a UE country who provide TBTSE to individuals established in the UE. If the state of identification (and, therefore, of taxation) is Spain, TBTSE entrepreneurs and professionals are obliged to register with a form 034, to submit a quarterly form 368, to pay their VAT in time, to keep records of operations included in MOSS and keep them for 10 years and to issue an invoice when the recipient of the operations is established in Spain.

INTERNAL MOSS

Internal MOSS is applicable to those entrepreneurs or professionals established in the UE but not in the country of consumption, who provide TBTSE services to individuals established in an UE country.

TBTSE entrepreneurs or professionals whose country of identification is Spain are not allowed to deduct input VAT supported in the operations performed in MOSS in their 368 quarterly declarations, but they are entitled to ask for the refund of input VAT correspondent to operations which have been carried out in the state of consumption.




For further information: http://www.fernandezbaladron.com

Thursday, 30 January 2020

VAT CASH RECEIPT APPROACH




VAT CASH RECEIPT APPROACH

This optional special scheme allows that sales and services are recorded as revenues for VAT purposes when they are collected, deferring declaration and payment of output VAT. Consequently, input VAT can only be deducted when purchases are paid.

However, the cutoff date for the deferral is the 31st of December of the year following the performance of the operation.

SUBJECTIVE REQUIREMENTS

Cash receipt approach can only be applied to taxable persons whose turnover in the previous calendar year has not exceeded €2.000.000. To calculate the turnover, VAT law takes:

·         all sales and services,

·         excluding

o   VAT

o   Sales equalization percentage (where appropriate)

o   Sales and services provided in previous years (where appropriate),

o   Occasional supply of real estate,

o   Supply of capital goods,

o   Supply of investment gold,

o   Financial operations

Operations excluded of cash receipt approach are considered to be carried out at the time of the operation.

OBJECTIVE REQUIREMENTS

Cash approach can be applied to all operations carried out in the territory of application of the tax but for

·         operations in simplified scheme or in the special schemes of agriculture, equalization, investment gold, services provide electronically or group of entities;

·         exports and EU operations;

·         EU acquisitions;

·         operations with reversal of taxable person;

·         imports and assimilated operations and

·         own use of goods and services.

CHARACTERISTICS OF THIS SPECIAL SCHEME

VAT is accrued at the time of total or partial collection and only for the amounts actually collected. Consequently, the moment of collection must be proved.

The right to deduct input VAT arises at the time of total or partial collection, with a cutoff date of 31st December of the year following the performance of the operation.
 
 

For further information: http://www.fernandezbaladron.com
 

Monday, 20 January 2020

TRAVEL AGENCIES VAT SYSTEM





It is a mandatory VAT system in which the tax base is determined as:




  • Travel Agencies support VAT on their purchases (goods and services). 
  • However, the part of VAT corresponding to purchases in “benefit of the traveler” is not deductable (e.g.: lodging services provided by other companies). 
  • Travel agents charge VAT in their invoices, but they do not record it separately.


REQUIREMENTS

This VAT system applies to travel agencies /tour-operators when they use goods and services provided by other companies.

Consequently, it does not apply to trips that are carried out exclusively with the travel agency’s own means of transport or lodging. In case trips were provided partly by third-parts and partly with the travel agency’s own means, it would only apply to the services provided with third-party means (DGT V3335-16).

PLACE OF EXECUTION AND EXEMPTION

Operations are considered to be carried out where the travel agency has its activity or a permanent establishment. 

TAXABLE BASE

It is calculated operation per operation, as the gross margin for the travel agency in each operation.
Notwithstanding, the General Directorate of Taxes also accepts that the travel agency declares the provisional tax base of prior year and a regularization of the tax base in the last declaration of the year (see DGT V0100-15).






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