The Spanish Customs and Tax Plan has been published (Spanish Official Gazette 02/29/2024), which breaks down the actions to be carried out by the Spanish Tax Agency in 2024.
Notwithstanding the foregoing, by way of preamble, we consider it relevant to anticipate the following actions:
- Promote the voluntary tax compliance. For that purpose, the Spanish Tax Authorities will provide more assistance, both in person and on-line, to minimize the indirect costs of complying with tax obligations and, moreover, will allocate more resources to the prevention, detection and regularisation of tax non-compliance
- As regards tax penalties, for the purpose of assessing the imposition of a penalty, with respect to the qualification of the subjective element of the penalty, the taxpayer's record of compliance will be taken into account
- The fight against tax fraud and the underground economy will be reinforced through the implementation of the e-invoice system, as well as, trough the presence of the Spanish Tax Authorities at the premises of taxpayers
- New returns to provide information on virtual currencies, on cross-border payments and on digital platforms for the sale of goods and services related to real estate
Below, we identify the risk profiles and list the control activities that will be subject to verification during the 2024 fiscal year, in the areas of customs and indirect taxation:
Customs
- Control of the declared customs value at import of agricultural goods (entry price system)
- Control of the requirements and conditions of operators holding customs authorisations
- Verification visits to analyze the goods subject to customs supervision and, especially, ADT (temporary storage warehouses), LAME (authorized places for the presentation of goods) and customs warehouses
- Particular control to authorized consignors and consignees (transits) and AEO (authorized economic operators)
VAT
- More control of the information provided through the SII System to detect fraudulent behaviors and the presence of underground economy
- Special monitoring over the right to deduct the VAT quotas and the use of related companies for such deduction of VAT on activities that have not the right to do so
- Increased monitoring of the entities registered within the ROI System and, especially, over companies providing pass-through services (i.e. telephone minutes) in order to control the total sales to end customers within the EU territory
- Special monitoring and control of taxpayers applying reduced VAT rates
- Special monitoring and control of taxpayers asking for VAT refund
- Increased monitoring of the entities registered within the REDEME
- Control of digital transactions and digital platforms
- Special monitoring and control on outstanding debt
Excise Duties and Environmental Taxes
- Special monitoring and control of the movement and stock of excise goods in factories, excise warehouses and bonded warehouses.
- More controls in the supply chain of the Excise Duty on Hydrocarbon and controls of active schemes in this sector.
- Checks on exemptions and benefits, with special attention to the Excise Duty on Alcohol and Alcoholic Beverages.
- Increased investigation of smuggling and establishments subject to the Excise Duty on Tobacco Products.
- Verification of amounts included in self-assessments for purposes of the Tax on the Value of Electricity Production.
- Checks on the taxpayers (fluorinated gases storekeeper) of the Tax on Fluorinated Greenhouse Gases.
- Verification of the compliance obligations for manufacturers and intra-community purchasers of goods subject to Excise Duty on Non-reusable Plastic Containers.
How can we assist you?
We recommend anticipating tax compliance in domestic and international transactions with tax implications, and in particular, those on which the Tax Agency foresees imminent audits.
Salinas & Partners, with more than 30 years of experience in indirect taxation and in preventive and corrective audits, we are at your disposal for any questions or comments you may have.
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