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E-invoicing in Spain. Present and future scenario for non-resident companies

I.      Background   I.1.   E-invoicing obligation   Before the publication of Law 18/2022 of 28 September regulating the creation and growth of enterprises that modified article 2bis of Law 56/2007 of 28 December of Measures to Promote de Information Society, there was not a general obligation to issue electronic invoices, except for transactions between companies and the Spanish administrations or their public bodies (the, so called, B2G operations).   This obligation does not extend to other ...

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Spain: Current status of mandatory e-invoicing on B2B operations

  I. Background   As a rule, notwithstanding the special provisions that may be applicable for certain territories - Basque Country, Navarre, the Canary Islands, Ceuta and Melilla -companies operating in Spain must comply with the Spanish VAT invoicing regulations when being the appointed taxable subject for this tax (or, if not applicable, its equivalent local sales tax).   Except for the Basque Country and Navarre (where there is a special e-invoicing regulations applicable to companies domici...

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Canarian companies and VAT on electronic commerce. The initiative www.canarianmarket.com

Some articles have recently appeared at the press commenting on the initiative www.canarianmarket.com,  a platform aimed at facilitating the marketing through the internet of Canarian products in the national and international market (hereinafter Canarianmarket or the platform). According to the news, there would actually be more than 60 Canary Island’s producers who benefit from this initiative.   The platform is aimed not only at hotel and restaurant professionals but to final consumers as wel...

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The new environmental taxation derived from the framework of the "European Strategy for Plastic in a Circular Economy". The special tax on non-reusable plastic packings 

Title VII (articles 67 to 83 ) of Law 7/2022, of April 8, on waste and contaminated soil for a circular economy (hereinafter, the Waste Law), published in the Official State Gazette of April 9, 2022, introduces tax measures to encourage the circular economy, including the creation of a special tax on non-reusable plastic packings, whose entry into force is scheduled for January 1, 2023 which will be the subject of the following comments.   Background   This new tax must be considered within the ...

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European Commission seeks to harmonise digital reporting requirements

  On 21 January 2022, the European Commission (EC) launched a public consultation on the new legislative package forming part of its plan “VAT in the Digital Age”, namely:  Single VAT registration  Digital Reporting Requirements (DRR) and e-invoicing  VAT treatment of the platform economy   The consultation, that seeks feedback from businesses, academics, Member States and other interested parties, is open until 15 April 2022 and contributions can be submitted at the Commission site .   As menti...

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The future of transaction-based reporting in the EU. The European Commission ask for a feed-back on the “Digital Reporting Requirements” (DRR)

As the fight against tax fraud becomes a critical issue and top ranks in the agendas of Governments around the world, there are an increasing number of tax Administrations which see immediate access to data as a solution an introduce in their local tax systems obligations known as Continuous Transaction Controls (CTC) or transaction-based reporting. These obligations may adopt the form of compulsory use of homologated e-invoicing solutions or transactions list reporting, which must comply with t...

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