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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
Among the intended changes for 2015 in the Spanish tax law by the bill currently at Parliament, there is the adaptation of the special travel agency regime to the judgment of the European Court of Justice of 26 September 2013 (C-189/2011).
Besides eliminating those sections held to be contrary to the Directive by the judgment, the bill contemplates the possibility, in a case by case basis and as long as the client is a taxable subject, that the travel agency may renounce to the special regime (which involves the application of VAT on the margin of the agency, the inability to deduct the input VAT and the lack of the obligation to charge the VAT separately) and, instead, choose to be taxed following the general regime (i.e. application of VAT on the total price, with the possibility of deduction of input VAT and the charging of the VAT separately). The specific terms of the exercise of this option would be subject to further regulatory development.
We should note that, in our opinion, should this amendment be actually approved, it would be difficult fit the same in the VAT directive and is likely to be a source of future conflicts with other EU member states.
Moreover, it is to be recalled that no change is contemplated as regards the special scheme for travel agencies as regards the IGIC, applicable in the Canary Islands instead of VAT, which thus would maintain its regulation now virtually identical to the one in VAT that is being changed.
To access a comparative table of the planned developments click here.
The Council of Ministers on Friday 1rst of August approved the texts of draft income tax reform and tax non-resident income, reforming the corporate income tax, VAT change, Fiscal Regime of the Canary Islands Economic and Law measures on environmental taxation, leaving pending the Bill partially Amending the General Tax Code.
Among the novelties contemplated by the tax reform sent to the Parliament appears implementation with effect since 1rst January 2015 of Council Directive 2002/38/EC of 7 May 2002 amending and amending temporarily Directive 77/388/EEC as regards the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services.
The principal changes in the uniform basis of assessment provided for by the common system of VAT concern the place of taxation for services supplied in electronic form over electronic networks. Since 2015 these services when B2C will be located at the place where the consumer resides (so the same as for B2B).
In principle, this change will oblige companies providing these type of services to register in all the member states where they have clients who are final consumers so to liquidate the corresponding VAT. In order to simplify the management of the tax a, so called, "mini option stop system" (MOSS) optional regime is contemplated, which would allow companies to comply with all its obligations in other MS through the website of the Spanish tax Agency (AEAT).