Hacienda will approve 6 decrees in December to develop the General Tax Law and update taxes

The General Director of Taxes, Alberto García Valera, has advanced on Wednesday that the Government plans to approve six decrees in December, of which four to develop the General Tax Law and two others to modify and update direct and indirect taxes, which will entail changes in Personal Income Tax, Companies or in the VAT refund of shopping tourism.

During his speech at the conference 'Fiscal Agenda for Spain and Europe', organized by the General Council of Economists (CGE), Garcia has indicated that the forecast of 200,963 million euros of revenue for this year, with an increase of 7.9 %, is "realizable", since "it is being fulfilled", thanks to the behavior of the main tax figures being "very positive".

In detail, he pointed out that income from personal income tax increased by 6.2% due to the dynamism of employment, as well as the collection of Corporate Tax (+ 7.6%), VAT (+ 9.2%) and Special Taxes ( + 1.6%), in the latter case thanks to the increase in the collection of hydrocarbons (+ 3.1%), electricity (+ 2%) and alcohol (+ 9%), compared to the 2.9% decline in tobacco, due to the maintenance of contraband figures.

García pointed out that Spain has a fiscal pressure of around 38%, which is why it is "relatively low" within the EU framework, and has indicated that each growth point entails around 4,000 million tax collection, so this year, an approximate income of 12,000 million will be achieved thanks to the 3.1% growth of the predicted GDP, and without the need to "touch on tax bases or tax rates".

In this way, he predicted that the deficit target of 3.1% of GDP for this year will be reached, since the collection evolution and budgetary execution "will allow it", and even reach 3%, with which Spain would come out of the excessive deficit procedure.

GENERAL TAX LAW

Regarding the next measures, he explained that four decrees will be approved to develop the General Tax Law, with which he will modify the general regulations for the liquidation of taxes, the collection and the tax sanctioning regulation, so that certain aspects will be specified for favor the concurrency and greater transparency of auctions in the BOE.

Likewise, the informative declaration will be established for subjects that participate in the intermediation in relation to the leasing of goods and real estate, so that the AEAT knows about this intermediation and who develops the activity, which must be taxed with the income tax, or in its case with Companies or with VAT.

DIRECT AND INDIRECT TAXES

Along with this, it hopes to publish before the end of the year two other decrees that will include modifications in the area of ​​direct and indirect taxation. In the first case, modifications are contemplated in the IRPF referred to the subjection or not to the same one of different training courses in the sanitary sector when they are lent by third, as well as in reference to the vouchers of food and to the concept of family minimum and the people who could be part of them.

In the field of Societies, a modification will be approved in the matter of the declaration of information country by country to adapt it to the needs and expositions indicated by the OECD.

With regard to indirect taxation, the Treasury plans to approve a modification related to the promotion of the purchase trade to facilitate that travelers can obtain a better refund of the VAT paid, as well as another referred to the fulfillment of a judicial decision regarding the VAT of the foral territories. .

In terms of Special Taxes, it will be approved, in terms similar to those of the Immediate Information Supply (SII) of the VAT, the obligation that the taxpayers have to present their books through the electronic portal of the AEAT, in line with the what happens already with the statements.

In this way, the EMCS computer control system will be modernized and extended, allowing the AEAT to obtain real-time information on the movements of products subject to special taxes, while granting greater legal certainty to tobacco leaf distributors. .

MUNICIPAL PLUSVALÍA

On the other hand, on the Tax on the Increase in the Value of Urban Land (known as municipal surplus value), has indicated that the ruling of the Constitutional Court establishes that the tax "is constitutional", but establishes that certain precepts must be annulled . Therefore, in cases where there is profit "taxation will not proceed in any case", but "we must establish the best way to do it".

In this line, he recalled that the ruling of the TC has led to successive meetings between the Treasury and the FEMP, and "seems" that you have to take into account the different times of purchase and sale, so he hopes that "there will be a reasonable time. "

THE NEXT TRIBUTARY STEPS IN THE EU

The general director of Taxes has also referred to the upcoming developments in the field of the EU and the OECD. As for Corporate Tax, he explained that Spain has transferred to the Spanish legal system most of the BEPS plan, to combat the erosion of taxable bases and the transfer of benefits.

With the signature of the application of the multilateral instrument last July will be achieved the update of a hundred double taxation agreements signed with other countries, although it will also depend on the remaining countries to adhere to it.

Likewise, in 2018 the new list of tax havens will be published, introduced by the Law on Public Contracts, once the European Union EU and the OECD publish theirs.

It has also referred to the European directive for a common tax base that could reduce the tax burden by 8% and increase investment in Europe by 3.5%, although it has qualified that this rule requires unanimity of all the Member States and , after the failed attempts of 2011 and 2013, it is still "very far" to reach it.

Linked to this, the taxation of companies that operate within the digital economy will be modified to ensure greater effective taxation, and integral reform of intra-community operations is proposed. Specifically, if finally agreed, the system will be new for B2B operations (trade between companies), and could be generalized for all B2C operations (trade between the company and the final consumer).

Similarly, on the exemption of taxes on internet purchases from outside the EU has indicated that today any operation from a Member State is subject to VAT, but when it comes from any other country in the world there is a VAT exemption until the 22 euros, which "gives rise to fraud", by avoiding taxation for this tax if declared for a value lower than those 22 euros.

The intention now is to eliminate this exemption and that it must be taxed "from the first euro", in order to achieve "uniformity" of treatment with respect to Internet procurement supplies made from the EU.

For VAT, there are two new proposals for directives referring to further promoting the development of SMEs in technology and favoring their internationalization, and on the freedom of the Member States to establish rates.

Finally, in the procedural field, he referred to the proposal that fiscal intermediaries present an informative declaration to the AEAT within five days after advising their clients with aggressive planning instruments. To this end, the concept of fiscal intermediaries (lawyers, tax advisors, accountants and banks) and aggressive tax planning has been determined, which may clash with the right of professional secrecy.