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Ministerial Order HFP/417/2017 of 12 of May (the Order) appeared Today regulates the legal and technical specifications for the keeping of the VAT registers through the Tax Agency website (the so called “Sistema de Información Inmediata” or SII).
The main aspects are as follows:
- Appendix I of the Order includes a detail of the fields that constitute the information of the VAT registers to be electronically declared following the SII obligations. As regards the technical standards of the files to submit, article 8 of the Order remits to those mentioned at the website of the Tax Agency.
- The unique Additional provision of the order regulates the specific information to be declared for the purposes of the SII for the period 1st January-30th June 2017 and excludes from such an obligation those taxable subjects which are registered at the REDEME (Special Monthly Refund Regime).
- The final provision one of the Order modifies the census form 036 in order to include new fields which are required following the new SII regulations.
- Final provisions number two and three modify the Ministerial Orders that regulate VAT forms 303 (standard), 322 and 353 (VAT Groups), so to include a mention to the new dead-lines for the case of taxable subjects obliged by the SII and include new data fields to be declared at the last monthly VAT return of the year by those taxpayers released from the obligation to file such a form following the application of the SII.
- Final Provision four modifies the Ministerial Order that regulates domiciliation of payment so to adapt to the new dead-lines.
- Lastly, final Provision five modifies the Ministerial Order that regulates form 390 (yearly summary) in order to include from the same those taxpayer filing SII report that meet the condition of filing the additional data required at form 303 for the last monthly VAT return.
More info of the SII at our site http://www.sii-spain.info/
On 12 August 2016, the European Economic and Social Committee (EESC) published its Opinion on the VAT Action Plan, which was presented by the European Commission on 7 April 2016 (see European Union-2, News 7 April 2016).
In the Opinion, the EESC welcomed the Action Plan and the approach taken by the European Commission, which is based on four components: (i) the single European VAT area, (ii) tackling the VAT gap and fraud, (iii) policy initiatives on e-commerce and SMEs and (iv) modernization of the VAT rates policy.
More specifically, the EESC endorses the implementation of the destination principle for the definitive VAT system, and it suggests the introduction of a generalized reverse charge mechanism for all cross-border transactions between taxable persons. At the same time, the EESC highlights the need to make the VAT system more business friendly by adding clarity and legal certainty.
Finally, the EESC emphasizes the importance of implementing the Action Plan as an indivisible whole and of monitoring properly the transition to the definitive system.
The Opinion is available here.
Source: IBDF Tax News Service
From 1 January 2015, telecommunications, broadcasting and electronic services are to be taxed in the country where the customer belongs, regardless of:
This obliges companies providing these types of services to final consumers to register and pay the VAT corresponding to all those EU member states where they have local clients of this kind ("member state of consumption").
However, as a simplification measure, a new optional special scheme has been introduce since 1rst January 2015 (the so called "MOSS" or mini-one stop shop), which allows companies providing telecommunications, broadcasting and electronic services to non-taxable persons in the EU, to centralize the declaration and payment of all the VAT incurred through the website of one member state ("member state of identification"), namely:
The website of the European Commission provides detailed information about MOSS special scheme, including a “Guide to the VAT mini One Stop Shop” aiming to provide a better understanding of the EU legislation. This guide is complemented by:
- Additional guidelines on the audit of the mini One Stop Shop,
- Explanatory notes on place of supply rules for telecommunications, broadcasting and electronically supplied services.