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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 the next 19th until the 21st February a group of VAT specialist, representatives from significant companies of the sector and senior officers from the European Coomission will be meeting at the ROBINSON Club Cala Serena in Mallorca to celebrate the TTL Travel VAT Conference 2015.
During the conference the future of the special regime of travel agencies (TOMS) and the changes in the existing regulations resulting from the sentence of the ECJ in case C-189/2011 will be analyzed.
For more information click here
The Committee on Fiscal Affairs (CFA) is developing International VAT/GST Guidelines (Guidelines) to address issues of double taxation and unintended non-taxation resulting from inconsistencies in the application of VAT to international trade. The first three chapters of these Guidelines were approved by the CFA in January 2014 and were endorsed as a global standard at the second meeting of the OECD Global Forum on VAT on 17-18 April 2014 in Tokyo.
Making use of the possibility contemplated in second paragraph of article 211 of the VAT Directive, Law 28/2014 of November 27 and Royal Decree 1073/2014, of December 19 have introduced an speciality for the settlement of the VAT quotas for the imports, which can be applied for by those taxpayers obliged to file monthly VAT returns, namely:
As a result, since 1st January 2015, companies having applied for this special arrangement are entitled to settle the import VAT quotas assessed by customs through their inclusion at the VAT return corresponding to the period when they receive the liquidation document. So, under this special regime, import VAT will be included both as charged VAT and deductible VAT similar with what happens in cases where the reverse charge rule applies.
From a formal point of view, Order HAP / 2484/2014, of December 29 amends the census declaration (form 036) so to include the possibility of exercising the option for this new payment system VAT on imports, which will have to be communicated by checking box 530 contained in section F ("Import VAT payment") of the said form. This option should be communicated at the census declaration where the commencement of the activity is declared or, for existing companies deciding to apply for the special regime, in November of the natural year previous to the one in which the same shall enter into force. As an exception, however, companies can apply for the application of the regime during January 2015, the same being thus applicable from 1st February 2015.
In addition, the tax administration has established a new procedure of the, so called, "Electronic Office" in its website, so the taxable subjects having applied for this special arrangement or they advisors can check any outstanding import VAT which payment has been deferred, by entering at the site with their personal electronic signature certificate.