Congress Passed A New Tax Fraud Law On Tuesday.
2021-05-25 | by CusiGO
Congress plans to pass a new anti tax fraud law on Tuesday, which will begin in October last year. After that, he will jump to the Senate to complete his procedure. A number of proposed amendments have been included in the text of the house of Representatives, including an amendment to allow the Inland Revenue Department to carry out surprise inspections, which is a question challenged by the court.
The Supreme Court ruled at the end of 2020 that the Ministry of finance should not require the registration of a private or corporate residence without prior notice to the taxpayer. This decision has aroused the attention of tax authorities. The head of the agency, Jesus gascon, argued in Congress last November that the restriction called into question the effectiveness of surprise checks because early warning could lead to the destruction of evidence. Nevertheless, gascon admits that there is a “conflict of rights” because the constitution recognizes the inviolability of residence. ” What the Supreme Court does is put the issues on the table, “he said.
In fact, the person concerned must be informed of the start of the inspection, even if not in advance, and only with the consent of the taxpayer or with the authorization of the court can he enter his residence. In its ruling, the Supreme Court focused on the judges, ruling that they could not only authorize “searches” of the Treasury.
Now, the PSOE’s amendment to the new rules reinforces these blitz checks by amending the general tax law. The amendment provides that an application for authorization of registration by the court “must be well founded and state the purpose, necessity and proportionality of such registration”. It added that “judicial authorization can be applied for and granted even before the relevant procedures are formally initiated”, provided that the entry agreement includes information such as “identification of tax obligors”, The concept and time frame to be verified and submitted to the judiciary. ”
According to the European news agency, the PSOE has successfully incorporated all of its amendments and has the support of the United Energy Department, PNV (which also sees almost all of the amendments) and the cantabro regionalism Party (PRC). Other trainings have also successfully included some of their suggestions. Except for Vox, no other training is expected to oppose the new rules, which will be submitted to the Senate through amendments to PP, citizen, PNV and pdecat.
These trainings require the government to reduce the requirements for customs representatives, because the regulation stipulates that customs representatives, as the subsidiary responsible persons for import value-added tax and other related taxes, provide financial guarantee within four years after the goods are released. The same general council of customs officials warned that the change would lead to unemployment and the possibility of transferring customs activities to other EU countries.
The changes include those related to the tax system of the Ministry of social security. Socimis, which specializes in real estate investment, has included an amendment requiring them to tax 15% of their undistributed profits. In the case of sicavs, “additional requirements” are meant to enable them to be taxed at 1%. At present, in order to benefit from this approach, at least 100 shareholders are required, instead of requiring each shareholder to have a minimum investment. Now, the minimum investment threshold is set at 2500 euro, and 12500 euro for each car of SICAV. The tax department is responsible for checking whether these requirements are met.
The rules also provide a transitional arrangement for “sicavs that agree to dissolve and liquidate” so that their partners “can transfer their investments to other collective investment institutions that meet the requirement of maintaining a 1% tax rate.”.
PSOE has also revised estate and gift taxes to assess cadastral status when the IRD requires it to participate in a taxpayer’s claim or claim. The report of the General Administration of cadastral should be “mandatory and binding”, and the administration should also issue a mandatory report, “correct or approve the reference value at the request of the tax bureau”, and “state the reasons in the form of a resolution giving reasons”, And the average value, reduction factor and other elements needed to determine these factors adopted by the resolution. “.
The act also provides for other developments, such as restricting cash payments for intercompany transactions, banning tax amnesties or lowering the threshold for inclusion in the financial distress list. The government plans to raise $828 million through the new rules in 2021, which has been shelved due to delays in processing. The fight against fraud is also part of Spain’s recovery plan to Brussels, which envisages strengthening the tax authority. What’s more, Pedro s á nchez’s 2050 plan for Spain proposed last week aims to reduce the shadow economy from the current estimated 20% of GDP to half in the next 30 years.