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Newsletter No. 29 - June 2012

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Details Newsletter No. 29 - June 2012

  • Arrabe Asesores is taking over from the Minister for Employment and Social Security Prize in Small Business category at the Sixth National Awards Gala Alares Reconciliation of Work and Family LifeArrabe Asesores is taking over from the Minister for Employment and Social Security Prize in Small Business category at the Sixth National Awards Gala Alares Reconciliation of Work and Family Life

    Arrabe Asesores also just joined the Spanish Network of United Nations Global Compact (www.un.org/es/globalcompact/), corporate citizenship initiative world's largest, which are already part of more than 1,400 Spanish organizations, including large companies, SMEs and other entities.

    This is a voluntary international action and ethical commitment that aims to organizations worldwide, public and private, implement as an integral part of its operations and strategy 10 Principles on Human Rights, Labour Standards, Environment and fight Against Corruption.

    Arrabe Asesores reinforces its commitment to CSR. Recently, the firm has received a renewal of the seal EFR (Responsible Company) in the Conciliation and Equal Opportunities, following the audit carried out by AENOR (Spanish Association for Standardisation and Certification). Have this recognition since 2007 and the current certification process Arrabe Asesores has achieved the highest scores among SMEs that have this seal.

    The EFR certificate created by MásFamilia Foundation and endorsed by the Ministry of Health, Social Services and Equality, now recognized to 318 Spanish companies, from large companies to SMEs, which employ about 300,000 workers.

    Arrabe Asesores has launched a range of measures to reconcile work and family life, such as flexible hours and flexible vacation schedule, extra vacation days by length of service, compensation for overtime with days off, compressed weeks day intensive summer and Christmas.

    With regard to training, Asesores Arrabe subsidizes up to 75% of training costs and provides additional instruction in English by the company.

    It also performs other actions to support the family, to facilitate the abandonment of workplace family emergency, three extra days of paid leave for paternity and possibilities to extend maternity leave to 18 weeks, reduced hours, ability to accumulate breastfeeding maternity leave, two hours of absence due to premature birth of child or hospitalization, reduced hours for care of sick family members ensuring 100% of salary and bonus for birth and / or adoption.

    The company also works according to principles and ethical code of conduct of the Spanish Association of Financial Advisers and Tax (AEAFT). At the same time, has several awards such as the Social Seal of the City of Pozuelo de Alarcón (Madrid), which rewards the government and ethics in business management, quality of working life and health and safety, the relationship with customer, supplier relationship and contract partners, the company's relationship with society and with the public administration.

    Apart from Alares Foundation Award, Asesores Arrabe obtained in two editions (2009 and 2010) Conciliation Prize of the City of Pozuelo and a second prize in 2011

    Other work carried Arrabe Asesores, working with the city of Pozuelo, is the free advice to entrepreneurs. About a thousand people have participated in 30 training actions triggered by the consistory during 2011, aimed at entrepreneurs, traders and other professionals.

    In this line, Arrabe Asesores has assisted in the preparation of the Guide to Corporate Social Responsibility for Pozuelo Century Foundation 21 (www.pozuelo-siglo21.es/rsc/), along with companies like Microsoft, France Telecom, Fujitsu, Adecco , Burger King, Metro Ligero Oeste, Sodexo and Sanitas, among others.

    This guide proposes a working model for the development of CSR policies in both large companies and in SMEs and nonprofit entities, and includes the main measures in this area implemented by the most innovative companies and organizations in Pozuelo de Alarcón.

    The guide includes measures of governance and ethics, development and relationships with employees, relationships with clients, suppliers, public administration and society in general, and offers a set of concrete actions and the proposal of a work process that allows the development such policies.

    Source: AuthorsBack Top

  • Analysis of the differences of opinion with possibility of not deduct the salaries of managers of SMEsAnalysis of the differences of opinion with possibility of not deduct the salaries of managers of SMEs

    This confusion stems from reports issued by the various regional offices of the State Tax Administration Agency (AEAT), such as Malaga and Murcia, in some autonomous regions such as Galicia and Aragon, and the Directorate General of Taxes (DGT) , to the numerous judgments of Supreme Court and the Central Economic-Administrative Tribunal.

    The different tax administrations have been shaping and questioning from mid-2011 the tax treatment and deductibility of the compensation received by members of corporations. These actions have been, first, from the various regional offices of the State Tax Administration Agency (AEAT) such as Malaga and Murcia. On the other, through some regions such as Galicia and Aragon, in the implementation of tax benefits in the Inheritance and Gift Tax (ISD). Also by reports issued by the Directorate General of Taxes (DGT) to the numerous judgments of Supreme Court and the Central Economic-Administrative Tribunal. "Far from clarifying expressed different interpretations have been added, if anything, greater uncertainty," said Miguel Angel Ferrer Garceran , partner and CEO of Arrabe Advisors.

    For starters, it puts into question the commercial legislation itself. This indicates that in every society there must be at least the figure of a person who serves as administrator, if not more in a Board of Directors.

    After the various approaches and interpretations expressed in the past year and a half, tax advisers are not at all clear what should be the treatment should be given to the remuneration received by these people, because to play the role of manager or CEO . The issue is further complicated, if possible, when this figure is added so happens to be a partner and also work in the same society. This lack of clarity of interpretation affects almost all of Spanish SMEs, which is common for the sole or majority partner is the administrator and also their source of income or salary appropriate to their own society.

    Miguel Ángel Ferrer Garcerán explains that "what is put into question is the deductibility or not the income tax of the remuneration of members of the governing bodies. In this sense, we must remember the judgments of the Supreme Court (from November 13, 2008, and 11 and March 17, 2010, as well as from 17 May the same year). In them, to support the deductibility of expenditure required to be fulfilled: that the compensation is fixed, without exception, the statutes of the society, and that spending should be mandatory, necessary and must be fixed certainty in the articles of association. "

    Responsible for Arrabe Asesores also affects "another of the great points of dispute arises in the situation of the partners who are active professionals (architects, doctors, lawyers, engineers, etc..). "At this point, we find the now infamous actions taken last year by the AEAT Malaga and have been extended by various provinces, Murcia being the last of which we hear tax advisers," says Ferrer.

    Another controversial aspect is the treatment to be given to the income received by the social worker. Specifically, the deduction rate to practice by the paying company. "Retention is different we have to practice if the pay received is considered income, business or remuneration of the board. Thus, society has the obligation to withhold properly, do not know what must follow, "laments Miguel Ángel Ferrer.

    And with the economic crisis, many regions are reviving the wealth tax. Here, one of the main exemptions are applied to the actions and / or shares of companies which should be the main source of income. "It is clear that if they continue advancing these criteria will be another argument over tax dispute," insists the head of Arrabe Asesores.

    Given the situation, "all tax advisers were expecting a new decision (announced by various representatives of the AEAT) of the Directorate General of Taxes, which once and for all come to shed some light on the matter," explains Ferrer. "This resolution reached last March 22 and, to our surprise and indignation, not only clarifies many doubts preexisting but also includes a new variant for which, if the partners have a participation rate than 50% in the capital, is presumed that their salaries are income from economic activities. That is, they come to bind the majority of the partners of SMEs in Spain to be discharged from any item of economic activities and billing your company for the amount of their salaries ... Anyway, tax advisers need greater clarity act in the event that the door Hacienda call of a company. "

    Furthermore, given the difficult economic situation and the general drop in tax revenues, has been receiving since the beginning of the year a significant increase in both performance requirements and tax administration bodies and of the inspection. In view of the report by the Tax Office would not be unreasonable to think of actions with clear dyes massive tax collection.

    Source: AuthorsBack Top

  • Analysis of the Tax AmnestyAnalysis of the Tax Amnesty

    The latest government measures aimed at reducing the public deficit (Royal Decree-Law 12/2012 of 30 March) the Tax Amnesty watched but left many "fringe" unresolved. Finally, on June 4 was published in the BOE (Official State Gazette) Ministerial Order (Order HAP/1181/2012, 31 May) marks the entry into force of this measure and details the conditions. All eligible taxpayers who express being holders of undeclared cash prior to December 31, 2010.

    Citizens may regularize their "hidden assets" in exchange for pay 10% on income not declared by the income tax, corporation tax and income tax. The property or rights shall be declared by their purchase, except for amounts in accounts with entities engaged in the banking or credit traffic, to be reported for the full amount of the balance at December 31, 2010.

    It also has set a tax of 8% for dividends and foreign source income derived from the transfer of securities representing the equity of entities not resident in Spanish territory, subject to repatriate before December 31, 2012.

    The amount of adjustment in both cases will be exempt from interest charges and, of course, punishment. Nor will there be risk of a tax offense process or know who regulates, since the data obtained will be confidential. The funds will be "tax blessing" of the Administration, it is not enough, though the wording of Decree is unclear at this point.

    People who want to benefit have to deposit the amount in an account on behalf of the respondent prior to filing the tax return especially designed for this purpose (750-reverse-model and model D-750-related assets and rights. Both are available only in electronic format and are presented in a computer).

    You have to perform data transmission on the same date in the entry takes place. This requires contacting a credit institution to assist in the collection process (banks, savings banks or credit unions) by electronic means, directly or through the Tax.

    To avoid misunderstanding, one that has already been quoted by the Administration to start testing procedures or research aimed at the determination of tax liabilities will not be covered by this "forgiveness". Now, if the adjustment has been made, would apply the absolute excuse.

    There are still some unanswered questions, like what about the VAT companies regularized, with the wealth tax or inheritance. Not covered in the Tax Amnesty but surely entail the regularization be taxed by any of these taxes.

    In the case of Heritage, presumably as this rate was eliminated from 2008 to 2007 prescribes in June, will choose to regularize affected thereafter.

    One more issue to consider is that even before the Tax Amnesty was going to stabilize the capital covered in the voluntary adjustment procedure spontaneously without prior notification statement. The cost of the process is undoubtedly lower. But to invoke this process is necessary so that the holder is subject to funds from non-prescribed periods (2006), and there has been no monetary income or undeclared assets since. Be checked case by case basis the applicable course.

    In any case, the deadline to qualify for this "pardon" ends Nov. 30. From there, we must understand that the Administration will implement all the agreements on double taxation and reporting arrangements that have been signed in recent years with areas such as Andorra, Panama, West Indies or Singapore, and more importantly, harden the system of penalties for undeclared money.

    Source: AuthorsBack Top

  • Arrabe Asesores signs a collaboration agreement with Gestiona RadioArrabe Asesores signs a collaboration agreement with Gestiona Radio

    Since Monday 11 June and during the coming months Arrabe Asesores issued a radio program which addresses all of the new tax, labor and legal as well as all kinds of recommendations to be considered in the management of companies and freelancers

    Over the coming months Arrabe Asesores will work with a regular column every Monday in the time slot of 10:40 am in First Time program, directed and presented by journalist Arthur Criado.

    Gestiona Radio station is within the Group which Gestiona Radio and incidents addresses the problems of the economy in first person.

    In these collaborations Arrabe Asesores will deal with current economic issues, fiscal, legal and labor in each of the programs will deepen a monograph on issues such as tax amnesty, labor reform, new tax...

    The program will be heard by:
    Gestiona Radio
    Gestiona Radio - Mobile Applications

    In Madrid in:
    94.8 FM (Madrid M-30)
    108.0 FM

    In Barcelona in:
    94.2 FM
    94.4 FM (Baix Llobregat)

    In Valencia in:
    100.7 FM

    Source: AuthorsBack Top

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