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Latest Newsletter No. 33 - November 2012

By clicking on the headline of each story, you have access to the details of the.

Details Newsletter No. 33 - November 2012

  • Main changes introduced by Law 7/2012 to combat tax evasionMain changes introduced by Law 7/2012 to combat tax evasion

    The Government launches new measures to control large pockets of tax fraud, this coupled with increased tax audits, is causing great alarm among small and medium businesses.

    Below, we discuss briefly the most important amendments to the regulations will be taxed on the Law 7/2012, of 29 October.

    1. Prohibit use cash for payments above € 2,500

    Indeed, it generally prohibits paying cash amounts exceeding € 2,500 (€ 15,000 if payments made by foreigners). Excluded from the limitation that none of the participants in the transaction to act as an entrepreneur or professional or those made with credit institutions. Also governed this obligation when making installment payments to avoid that obligation.

    This provision came into force on November 19 and will apply to payments made after that date, even if the operation that generated such payment was incurred prior.

    It set the penalty a quarter of the amount paid in cash and violators will be both paid as charged, who will respond in solidarity for the penalty. But, will be safe from the penalty the intervener alleging the violation and identify the other party intervening.

    2. Establish regularly required to report holdings of assets and rights located abroad (pending its regulation). Namely:

    • Accounts (opened in entities engaged in the banking or credit traffic they own, beneficiary, or authorized by that have available capacity).
    • Securities (securities, assets, rights representing the capital stock, equity or assets of all types of entities or to third parties for capital, which have been deposited or placed outside).
    • Life insurance or disability (as policyholders) contracted with foreign entities.
    • Annuities or temporary (as beneficiaries) contracted with foreign entities.
    • Real rights thereon situated abroad.

    Failure to comply is punishable by a minimum fine of € 10,000.00 (€ 5,000 per item or set of data). However, if filed late but before the request of the Administration, the minimum penalty is reduced to 1,500 € (100 € for each data or data set).

    Also linked to this obligation, changes have been made in the Income Tax and IS to consider as "unjustified wealth gains" or "unreported income", both attributable to last period not prescribed, is not submitted on time such declaration, unless it is established that correspond to declared income or belong to another period.

    It is important to note that in the case of income tax, this applies to the current year, while for the case of IS, only for periods completed on 31 October 2012 onwards.

    3. Limits on modules (objective assessment). As you may recall, among others, are excluded from the 'modules' to those with a volume of the previous year yields above a certain figure (which used to be the same for all activities making use of the modules € 450,000 - except in the case of agricultural and livestock € 300,000 -). Well, since January 1, 2013, for the activities implementing retention of 1%, this law has established that excluded the following figures exceeding volume yields:

    • Transportation and Moving: 300,000 €, in Conjunto.
    • Other: When during the year, the total amount received from those who are required to withhold not exceed:
      • € 50,000. If, in addition, accounts for over 50% of the total volume perceived by these activities.
      • 225.000€
    • The activities implementing the 1% retention, among the most common are: carpentry, locksmith, hardware, garment, furniture industry, printing, masonry, installations and fittings, including plumbing, painting, decorating and plaster work (IAE: 314, 315, 316 -2, 3, 4 and 9 -, 453, 463, 468, 474.1, 501.3, 504 -1 to 8 -, and, 505 -1 to 7).

    4. Establishing new investment assumptions VAT taxable supplies of property generated:

    • When operating the waiver of exemption
    • When delivery is made as a result of the implementation of the security right in such property. (and specifically, payment in kind).
    • In the case of execution of work between developer and contractor in land development work or construction or rehabilitation (with or without delivery of materials).

    5. Simplify regulation IVA-TPO generated when transmitting 'values' (shares / units) issued by companies with significant real estate asset. Thus, since these taxes are not generated when the securities are traded in the primary market (new issues). Furthermore, for the calculation of the tax, shall be considered only property not intended for business.

    Por otra parte, la ley introduce una serie de medidas en la Ley General Tributaria cuyo impacto también debe ser tomado en cuenta. Entre las más destacables se encuentran las siguientes:

    1. Extend the liability of the partners in the tax debts of individuals and entities without legal personality with outstanding tax obligations, upon dissolution (successors). As you may recall, the existing limit such successors share liquidation was due them. With the modification, including the total value of what was received during the two years preceding the date of the dissolution and that has lessened the assets of the company.

    2. Administrators obliged to pass on legal persons or withhold taxes will have responsibility "subsidiary" when:

    • During a calendar year are filed at least half of the self-assessments / statements without entering the respective debt. Those for which deferral is requested / fractionation not be considered only if it guarantees granted or consented to award order.
    • The total amount paid does not exceed one-quarter (25%) of the total amount of the debts of the calendar year.

    3. New case of interruption of the limitation period. When management to make any notification if the initial action concerns a different tax liability. An example would be when he resigned to exemption from VAT and real estate transfer tax by TPO is not (should not proceed-renunciation-declaration error will be charged TPO).

    4. The Administration may prohibit corporations have their properties when the shares that are issued, they are foreclosed on its owner (who in turn must have control of such company) New course of interruption of the limitation period . When management to make any notification if the initial action concerns a different tax liability. An example would be when he resigned to exemption from VAT and real estate transfer tax by TPO is not (should not proceed-renunciation-declaration error will be charged TPO).

    5. New for failure to file returns or self-assessments by computer, when there was an obligation to do so by such means (not meeting the established forms). This offense is serious and is punishable by a fine of € 1,500 fixed pecuniary. Also been specified fines in cases of requests for information should be submitted by electronic means and thus was.

    6. As for penalties for failure to file the information required by the Administration during the processing of an inspection procedure, have increased the amount of penalty for each occasion required and differentiating between people who do not exercise any economic activity (which can reach € 100,000) of those who did the exercise (which can reach up to 600,000 €).

    7. Authorizing the Tax Administration to take precautionary measures at any stage of the procedure for testing or inspection and even if criminal prosecution for fraud (in this case, under the supervision of the criminal court).

    Finally, it is important to reiterate that this law entered into force on October 31, 2012, except for the prohibition of paying cash amounts over € 2,500, since the latter has taken effect from 19 November.

    Source: AuthorsBack Top

  • The Madrid launches grant compensation fees to the SS to entrepreneurs who create jobsThe Madrid launches grant compensation fees to the SS to entrepreneurs who create jobs/h2>

    It launches a subsidy to entrepreneurs who hire unemployed workers registered at employment offices or performing contract extensions to existing ones, in order to deal with the Social Security payments. Contracts or extensions will be made ??between 1 January and 31 December 2012.

    We are at your disposal to process the application for this grant

    Applications Deadline: may be submitted until 10.12.2012 (www.madrid.org)

    Eligible contracts or extensions are made from 01-01 to 31-12-2012.

    Subject: Compensation Social Security contributions to entrepreneurs of the Community of Madrid that hire unemployed workers registered at the Employment Office of the Community of Madrid or performing contract extensions to existing ones, in order to cope to Social Security payments.

    These grants are subject to the de minimis regime, so the total amount of aid that can perceive the beneficiary may not exceed the amount of € 200,000 over a period of three fiscal years, according to the provisions of Regulation 1998/2006 of the Commission of 15 December, on the application of Articles 87 and 88 of the Treaty to de minimis aid. This limit applies to all de minimis aid received by the beneficiary, whatever their origin, form and purpose thereof.

    Beneficiaries

    a) Individuals who are registered as self-employed or self-employed in the corresponding Social Security.

    b) And legal persons who have made ??their business.

    Whenever the aforementioned high or constitutions have occurred in the past six years, counting from the date of adoption of this Order, and provided that no more than 50 staff and contract workers in other terms set forth in this Order.

    Beneficiaries must, in general, the following requirements:

    a) Be aware of tax and Social Security.

    b) Having the registered office and tax in the Community of Madrid.

    They may not have the status of beneficiaries individuals who attend any of the circumstances set out in paragraphs 2 and 3 of art. 13 of Law 38/2003, General Grant.

    Action eligibility and amount of the grant

    Eligible employer contributions to the SS of employment contracts, workers made ??unemployed, or extensions of contracts of employment to full-time, part-time or less than 75% of the normal working day, in the amount indicated then, depending on the duration of the contract or extension:

    a) € 80 per full month extension of the contract or when the life of the contract or extension is 3 to 4 months.

    b) € 120 for each complete month extension of the contract or when the life of the contract or extension is 5 to 6 months.

    c) € 160 for each complete month extension of the contract or when the life of the contract or extension exceeding six months.

    The maximum number of monthly eligible in any case, will be 18.

    The number of contracts and / or extensions should not exceed five per applicant.

    For more information on the procedures to follow contact your office responsible

    Source: AuthorsBack top

  • Information obligation on certain assets and rights located abroad (RD 1065/2007)Information obligation on certain assets and rights located abroad (RD 1065/2007)

    I explain and develop the new reporting requirement on certain assets and rights located abroad (Article Two RD 1558/2012).

    Obligation to report on accounts in financial institutions located abroad (new Art.42 bis)

    Persons required to file this annual information return (42 bis.1):

    • natural and legal persons resident in Spanish territory,
    • permanent establishment in the territory of non-resident persons or entities and
    • the entities referred to in the LGT art.35.4 (recumbent inheritance, joint property and other entities without legal personality, form an economic unit or a separate estate liable to taxation)

    Object of the declaration (Art.42 bis.1):

    All the accounts they own, or in appearing as representatives, authorized or beneficiaries, or those with powers of disposition, or they own real, who are located overseas entities open engaged in the banking or credit traffic at 31 December each year.

    This obligation also extends to those who have held, representatives, authorized, or beneficiaries of those accounts, or have had powers of disposal over them, or having held real anytime of the year to which the statement relates.

    The information to be supplied to the tax include (art.42 bis.2):

    a) The name or full name of the bank or credit and home.

    b) Full identification of the accounts.

    c) The opening date or cancellation, or, where appropriate, the dates of grant and withdrawal of authorization.

    d) The account balances at December 31 and the average for the last quarter of the year.

    Art.42.bis 3. Information on balances at 31 December and average balance for the last quarter will be provided by someone who had the status of owner, agent, beneficiary or authorized or has powers to dispose of these accounts or consideration of beneficial owner at that time.

    The other owners, agents, authorized recipients, persons with powers of disposal or beneficial owners must show the account balance on the date you ceased to have that status.

    Accounts that will not apply the reporting obligation (42 bis.4):

    a) Those who hold the entities referred to in art. 9.1 TRLIS (RD Leg 4/2004) (the fully exempted from IS)

    b) Those who hold the legal persons and other entities Spanish residents and permanent establishments of non-resident in Spain, registered in their accounts individually and identified by number, credit institution and branch appearing in the open and country or territory in which they are located.

    c) Those who hold the individuals resident in Spanish territory to develop economic activity and keeping accounts in accordance with the provisions of the Commercial Code, registered in said account records individually and identified by number, credit institution and branch appearing in the open country or territory in which they are located.

    d) Those who hold the individuals, companies and other entities resident in Spanish territory, open branches abroad of banks domiciled in Spain, which must be declared by such entities under art.37 of this Regulation, provided they have been reported under the rules of the country where the account is located.

    e) There will be no obligation to report any account where the balances at December 31, referred to in paragraph 2.d) not exceeding jointly 50,000 euros, and attend the same circumstance regarding average balances referred the same section. If any of these limits exceeded sets must be informed on all accounts.

    TERM statement (42 bis.5):

    This obligation is fulfilled between 1 January and 31 March of the year following that to which it relates to supply information.

    The presentation of the statement in subsequent years only mandatory when any joint balances referred to in paragraph 4.e) had experienced an increase of over 20,000 euros in respect of which determined the presentation of the last statement.

    In any case will need to submit the declaration in the circumstances provided in the last paragraph of section 3 in respect of the accounts to which it refers.

    Be approved by order of the corresponding model statement.

    VIOLATIONS (42 bis.6):

    For the purposes of the provisions of DA eighteenth of Law 58/2003, are different sets of data the information referred to in paragraphs 2.a) and 2.b) above, for each entity and has.

    For the same purposes, data will be considered each of the dates and amounts referred to in paragraphs c) and d) of paragraph 2 and the balance referred to the last paragraph of section 3, for each account. '

    Information obligation securities, rights, insurance and annuities deposited, managed or acquired abroad (new Art.42 ter)

    Annual information return on certain assets and rights: values (42 ter.1):

    SUBJECT required to declare:

    • natural and legal persons resident in Spanish territory,
    • permanent establishment in the territory of non-resident persons or entities and
    • the entities referred to in the LGT art.35.4 (recumbent inheritance, joint property and other entities without legal personality, form an economic unit or a separate estate liable to taxation)

    Object of the declaration:

    Information on the following assets and rights located abroad that are holders of or in respect of which are considered to be beneficial owner under art.4.2 of Law 10/2010, to December 31 of each year:

    i) Securities or rights representing participation in any type of legal entity.

    ii) The securities transferred to third parties for capital.

    iii) Securities used for management or administration of any legal instrument, including trusts and "trusts" or pools of assets that despite lacking legal personality, can act in trade.

    Declaration data:

    a) Business name or full name of the legal entity, the transferee or third instrument identification or legal relationship, as appropriate, as well as his home.

    b) Balance at December 31 of each year, representing the values ??and rights of participation in the capital or equity of legal entities. The information shall include the number and class of shares and which holds, as well as its value.

    c) Balance at December 31 of the securities transferred to third parties for capital.

    The information shall include the number and kind of values ??that they hold, and their value.

    d) Balance at December 31 of the securities contributed to the legal instrument.

    The information shall include the number and class of securities furnished, and its value.

    The obligation of regulated information in this section also applies to any taxpayer who had been the holder or beneficial owner of the securities and the rights referred to in paragraphs b), c) and d) at any time of the year to which the covered by the statement and that he had lost that status at 31 December of that year. In these cases, the information to be provided shall correspond to the date on which such termination is produjoLa information shall include the number and class of securities furnished, and its value.

    Annual Statement of the equity interests in the capital or endowment of collective investment abroad (art.42 ter.2)

    SUBJECT required to declare:

    • natural and legal persons resident in Spanish territory,
    • permanent establishment in the territory of non-resident persons or entities and
    • the entities referred to in the LGT art.35.4 (recumbent inheritance, joint property and other entities without legal personality, form an economic unit or a separate estate liable to taxation)

    Object of the declaration:

    Shares and participations in the share capital or endowment of collective investment institutions located overseas that they own or for which are considered to be beneficial owner under art.4.2 of Law 10/2010.

    Supplying INFORMATION:

    The information shall include the name or full name of the collective investment scheme and address, and the number and class of shares and interests and, where appropriate, they belong compartment and its net asset value at 31 December.

    The obligation of regulated information in this section 2 extends to any taxpayer who had been the holder or beneficial owner of the shares and any time of the year to which the statement relates and that he had lost that status at 31 December of that year. In these cases, the information to be provided shall correspond to the date on which such termination occurred.

    Annual Statement on life or disability insurance and annuities or temporary abroad (art.42 ter.3)

    SUBJECT required to declare:

    • natural and legal persons resident in Spanish territory,
    • permanent establishment in the territory of non-resident persons or entities and
    • the entities referred to in the LGT art.35.4 (recumbent inheritance, joint property and other entities without legal personality, form an economic unit or a separate estate liable to taxation)

    Object of the declaration:

    a) Life insurance and disability resulting from the decision to December 31 of each year when the insurance company is located abroad, indicating their surrender value at that date.

    b) The temporary or lifetime income of their benefit to December 31, following the delivery of a money capital, of economic rights or property or real estate, to entities located abroad, indicating their value capitalization at that date.

    In the cases mentioned in paragraphs a) and b) above, it shall identify the insurer stating the name or full name and address.

    Cases where this is not enforceable obligation of art.42 b (referring to the three scenarios) - art.42 ter.4

    a) When the taxpayer is one of the entities TRLIS art.9.1 (RD Leg 4/2004) (fully exempt from IS)

    b) When the taxpayer is a legal person or entity resident in Spanish territory or as a permanent establishment in Spain of non-residents, who have recorded in their accounts individually the values??, rights, insurance and annuities referred to this article.

    c) When the values ??referred to each of the paragraphs 1.b), 1.c) and 1.d), the net asset value referred to in paragraph 2, the surrender value referred to in paragraph 3 . a) and the capitalization value stated in paragraph 3.b), coming together, the amount of 50,000 euros. If this limit is exceeded assembly should learn all securities, assets, securities, rights, insurance or annuities.

    TERM statement (art.42 ter.5):

    This obligation is fulfilled between 1 January and 31 March of the year following that to which it relates to supply information. The presentation of the statement in subsequent years only mandatory when the value set for all values ??specified in paragraph 4.c) had experienced an increase of over 20,000 euros in respect of which determined the presentation of the last statement.

    In any case will need to submit the declaration in the circumstances provided in the last paragraph of section 1 and the last paragraph of section 2 (had been holding at any time of the year), compared to the values??, rights, stocks and shares for which they had extinguished the ownership at 31 December.

    Be approved by order of the corresponding model statement.

    Normative assessments (art.42 ter.6):

    The valuations of the different sections should be provided calculated according to the rules established in Law 19/1991, of 6 June on Wealth Tax.

    Violations(42 ter.7):

    For the purposes of the provisions of DA eighteenth of Law 58/2003, are set of data relating to the identity and address of each of the legal entities, third assigns, or legal relations instruments, collective investment institutions and insurance companies referred to paragraphs 1a), 2 and 3.

    For the same purposes, data will be considered each of the information required in the previous sections for each type of asset or individualized as indicated below:

    a) In paragraph 1 b), for each class of share and participation.

    b) In paragraph 1.c), for each type of security.

    c) In paragraph 1.d), for each type of security.

    d) In paragraph 2, for each class of share and participation.

    e) In paragraph 3 a), for every life insurance.

    f) In paragraph 3.b) for each temporary or lifetime income.

    Also data will be considered each of the balances referred to the last paragraph of paragraph 1, for each type of security, and the last paragraph of section 2, for each class of share and participation.»

    Obligation of information on immovable property and rights to real estate located abroad (new art.54 bis)

    Persons required to file this annual information return (54 bis.1):

    • natural and legal persons resident in Spanish territory,
    • permanent establishment in the territory of non-resident persons or entities and
    • the entities referred to in the LGT art.35.4 (recumbent inheritance, joint property and other entities without legal personality, form an economic unit or a separate estate liable to taxation)

    Object of the declaration (Art.54 bis.1):

    real property or rights to property, situated abroad, of which they own or for which are considered to be beneficial owner under art.4.2 of Law 10/2010, to December 31 of each year.

    The obligation of regulated information in this article also applies to any taxpayer who had been the holder or beneficial owner of the property or right as indicated in paragraph 1 at any time of the year to which the statement relates and that had lost this condition on 31 December of that year. In these cases, in addition to the data referred to in paragraph 2, the proxy statement must include the transfer value of the property or right and the date thereof. (Art.54 bis.5):

    DATA statement (art.54 bis.2):

    a) Property ID specifying, succinct, typology, as determined by the relevant ministerial order.

    b) Property location: country or territory in which it is located, town, street and number.

    c) Date of acquisition.

    d) Acquisition value.

    DATA timeshare(Art.54 bis.3):

    If ownership of timeshare contracts, timeshare, part-time property or similar formulas, on property located abroad, in addition to the information specified in paragraphs a) and b) of the previous section, indicate the date of acquisition of these rights and their value as at 31 December valuation rules of Law 19/1991 of the Wealth Tax.

    DATA real rights of use and enjoyment and bare ownership(Art.54 bis.4):

    If ownership of real rights of use and enjoyment and bare ownership on property located abroad, in addition to the information specified in paragraphs a) and b) of paragraph 2 shall state the date of acquisition of the ownership and value to December 31 as the valuation rules set out in Law 19/1991 Wealth Tax.

    Assumptions which will not apply the requirement(54 bis.6):

    The information required under this article shall not be applicable in respect of the following properties or rights over immovable property situated abroad:

    a) Those who hold the entities referred to in art.9.1 TRLIS (RD Leg 4/2004) (fully exempt from IS)

    b) Those who hold the legal persons and other entities Spanish residents and permanent establishments of non-resident in Spain, recorded in their accounts individually and sufficiently identified.

    c) Those who hold the individuals resident in Spanish territory to develop economic activity and keeping accounts in accordance with the provisions of the Commercial Code, registered in said account records individually and sufficiently identified.

    d) There will be no obligation to report on any property or interest in real property when the securities referred to in paragraphs 2.d), 3 and 4 did not exceed jointly 50,000 euros. If this limit is exceeded assembly should learn all property and rights to property.

    TERM statement (art.54 bis.7):

    This obligation is fulfilled between 1 January and 31 March of the year following that to which it relates to supply information.

    The presentation of the statement in subsequent years will only be required when the total value referred to in paragraph 6.d) had experienced an increase of over 20,000 euros in respect of which determined the presentation of the last statement.

    In any case will need to submit the declaration in the circumstances referred to in paragraph 5 (had been holding at any time), with respect to property or rights for which had been extinguished ownership at 31 December.

    Be approved by order of the corresponding model statement.

    VIOLATIONS(art.54 bis.8):

    For the purposes of the provisions of the eighteenth additional provision of Law 58/2003, are different sets of data to the information referred to in paragraphs a) and b) of paragraph 2, in relation to each of the properties to which concerned that paragraph and in relation to each of the properties on which constitute the rights referred to in paragraphs 3 and 4.

    For these purposes, shall be considered the following data:

    a) Each value date referred to in paragraphs c) and d) of paragraph 2 in respect of each property.

    b) Each date and value referred to in paragraph 3, in relation to each of the rights.

    c) Each date and amount referred to in paragraph 4, in relation to each of the rights.

    d) Each date and transfer value referred to in paragraph 5, in respect of each property. "

    Source: Sistesis DiariaBack Top

  • Published parties working relationship for 2013Published parties working relationship for 2013

    Every year around this time the DG Employment publishes working relationship for the next holiday year. In this relationship by adding missing local festivals is the municipality where the workplace

    The work schedule for 2013 includes a total of eight national holidays for all regions, half of them during the week and the other half falls on a Friday or Saturday, according to a resolution of the General Directorate of Labour published Saturday in the Official Gazette State

    Relationship holidays 2013

    Source: AuthorsBack Top

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