URGENT FISCAL MEASURES TO RESPOND TO THE ECONOMIC IMPACT OF COVID-19
13/03/2019
At LACASA ABOGADOS, PALACIOS & PARTNERS we are following the new developments that affect companies, in order to inform our clients with immediacy of the decisions regarding COVID-19 that affect them, and allow them to adapt to a reality that is changing every day.
Flexibility of Tax Deferrals
Today, 13/03/2020, Royal Decree-Law 7/2020, dated March 12, has been published in the Official State Gazette (BOE), adopting urgent measures to respond to the economic impact of COVID-19. These measures refer to the health sector, the tourism sector, families, the efficient management of Public Administrations, as well as to prevent a greater negative economic impact on SMEs and self-employed.
This note refers to the tax measures established in Article 14, which relax the conditions for the granting of deferral of certain tax debts:
Tax debts must meet the following conditions:
- That they are self-employed or SMEs whose turnover in 2019 has not exceeded €6,010,121.04.
- The tax returns and self-assessments for which the deadline for filing and payment is between March 13 and May 30, 2020, inclusive.
- Are debts within the scope of competence of the State Tax Administration.
- The joint amount of the debts, together with the rest of the deferred debts does not exceed 30,000 euros (this condition is embedded in the reference to Article 82.2 of the General Tax Law and from this to Order HAP/2178/2015, of October 9).
The great novelty is that this deferral will be applicable to the tax debts of Withholdings, VAT and Fractioned Paymentswhosedeferral had been suppressed by the Royal decree law 3/2016 of December 2, and specifically to:
– Those corresponding to tax obligations to be fulfilled by the withholder or the person obliged to make payments on account.
– Those derived from taxes that must be legally passed on even if the amounts passed on have been effectively paid.
– Those corresponding to tax obligations to be fulfilled by the person obliged to make installment payments of corporate income tax.
The terms of the deferral shall be as follows:
- a) No guarantees are required (as Order HAP/2178/2015, of October 9, 2015 is applicable).
- b) The term shall be six months.
- c) No late payment interest shall be accrued during the first three months of the deferral.
However, the following debts, among others, continue to be undeferrable:
- In the event of insolvency of the taxpayer, those that, in accordance with insolvency legislation, are considered credits against the mass.
- Those resulting from the enforcement of final resolutions totally or partially dismissing an economic-administrative appeal or claim or a contentious-administrative appeal that have previously been suspended during the processing of such appeals or claims.
As of today, provisional instructions for requesting deferrals in accordance with the aforementioned RDl 7/2020, of March 12, have been published on the AEAT website. These can be found in the following link. https://www.agenciatributaria.es/static_files/AEAT/Contenidos_Comunes/La_Agencia_Tributaria/Le_Interesa/2020/Instrucciones_presentacion_aplazamiento.pdf
Extension of Tax Proceeding Deadlines
Within the same scope of urgent measures, the AEAT has also published on its web page, an “Important Notice” announcing that “The deadlines in tax procedures are going to be extended. through an imminent regulatory change. Don’t worry if you have a pending filing. Pending approval of the regulatory change, the Agency is aware of the situation and will not consider the deadline missed. “.
Again we publish the link to see this Notice
We will be awaiting the publication of the rule that relaxes the aforementioned deadlines to inform you.