Ministerial Order regulating the excise duty on non-reusable plastic packaging is published

Order HFP/1314/2022 has been published today in the Spanish Official Gazette, approving form 592 (Self-settlement of the excise duty on non-reusable plastic containers) and form A22 (Request for refund of the excise duty on non-reusable plastic containers), the form and procedure for its submission are determined, and the registration in the Territorial Registry, the keeping of accounts and the submission of the stock record book are regulated (hereinafter, the "Order"), with entry into force on January 1, 2023.

The aforementioned Order is a consequence of Law 7/2022, of April 8, on waste and contaminated soils for a circular economy, which created, effective January 1, 2023, among other tax measures, the excise duty on non-reusable plastic packaging.

The formal obligations of the tax: registration, self-assessment and stock accounting, contained in the Order are mainly addressed to manufacturers, intra-Community purchasers and representatives of taxpayers not established in Spain, since importers are exempted from these obligations as they are carried out directly through the import declaration at the customs office of dispatch.

Pursuant to the aforementioned Order, manufacturers and intra-Community purchasers of non-reusable plastic packaging are obliged to file the 592 self-assessment and pay the resulting amount within the first twenty calendar days following the end of the settlement period

Manufacturers will be obliged to file form 592, and to pay the corresponding fee, for each of the establishments in which the activity is carried out (identified individually by as many Plastic Identification Codes (CIP) as there are establishments).

Manufacturers, intra-Community purchasers and representatives of taxpayers not established in Spain must apply for telematic registration in the corresponding territorial registry at the managing office where the registered office is located prior to the commencement of the activity.

The representatives of taxpayers not established in Spain must have been appointed and registered in the territorial registry prior to the first transaction constituting the taxable event of the tax (they must provide the document proving the representation).

Manufacturers are obliged to keep accounting records and to submit electronic accounting entries within the month following the settlement period to which they refer, while intra-Community purchasers are obliged to keep and submit stock records within the month following the settlement period.

It should be noted that intra-Community purchasers are exempt from the obligation to submit the stock record book in those settlement periods in which there is no tax payable and when they make intra-Community acquisitions in which the total weight of the non-recycled plastic does not exceed 5 kilograms in a calendar month.

In accordance with the provisions of the Second Transitional Provision, manufacturers and intra-Community purchasers, for the settlement periods of the first half of 2023, will be able to make the electronic supply of the accounting entries and submit the stock record book, respectively, within the month of July 2023.

Intra-Community manufacturers and purchasers may offset and/or deduct the amount of the tax, provided that the circumstances of Article 80 of Law 7/2022 are met and, in accordance with the conditions established in the Order, they may reduce the amounts accrued over the period considered, in the corresponding tax return. If the amount of the deductions exceeds the tax payments accrued in a given tax assessment period, the excess may be offset in future tax assessments or a refund may be requested in the last tax return of the year.

Finally, importers and purchasers of plastic containers with output tax, who, in accordance with the provisions of Law 7/2022, may request a refund of the input tax, shall do so by means of form A22, accompanying it with documentary evidence of the refund and the payment of the tax.

Form A22 must be filed electronically within the first twenty calendar days following the end of the quarter in which the events giving rise to the refund request occur.

The Order consists of the following annexes:

Annex I / Form 592 (Self-assessment)

Annex II / Form A22 (Request for Refund)

Annex III / CIP Registration Card

Annex IV / Activity Codes

Annex V / Accounting and stock ledger

Annex VI / Excise Office Codes

Annex VII / Accounting (tax regime box)

Annex VIII / Stock record book (tax regime box)

How can we assist you?

Salinas & Partners recommends all affected operators to review the products they manufacture, acquire intra-community or import in order to fully comply with the new Excise Duty.

With more than 30 years of experience in the indirect taxation sector, Salinas & Partners is at your disposal for any questions or comments you may have.