End Deferments of Finance for SMEs
The result of the Council of Ministers held on 2 December was Royal Decree Law 3/2016, 2 December, which eliminates the possibility of deferring or splitting the taxes passed and a tightening of the deferment regime for the taxpayer. This legislation, however, left out the scope of application of unpaid VAT.
The measure, admitted under the Anti-Deficit Finance Plan and in order to raise 7.5 billion euros to comply with Europe, will affect SMEs who are in a hurry to pay taxes.
Can we postpone the payment of a tax from January 1, 2017? – Short answer, if you are Society = NO
Article 6 of this new rule amends article 60 of the General Tax Law and it is said as a novelty that the following debts, among others, can not be deferred or fractional, with the Tax Administration:
F) Derivatives of taxes that must be legally passed on unless duly justified that the assessed contributions have not actually been paid.
G) Those corresponding to tax obligations that must be fulfilled by the obligor to make fractional payments of the Corporate Tax.
Who does it affect?
To all companies, except for self-employed persons who may defer up to € 30,000 of VAT for 12 months due to a pre-agreement of AEAT with them.
One of the options without advertising any private entity, may be Banco Santander’s 123 Pymes Account, which allows a 3-month tax credit in compliance with its conditions, allows you to defer VAT and withholdings.
What does the letter f mean?
For lack of an accurate positioning of the AEAT could be understood as not being able to defer VAT unless it is justified «properly» that the VAT passed has not been fully charged. At the moment, in the absence of positions by the AEAT itself we can not guarantee that VAT is or is not the subject of this article. If this were the case, the facility in the public financing of the payment of this tax would end.
What does the letter g mean?
Here the interpretation is simple: the models 202 can not be postponed or split.
When does it take effect?
The Sole Temporary Provision indicates that this impossibility will affect from 1/1/2017 so that the last split payment of Corporate Tax that can be deferred or split will be this December and if the measure affects VAT , Quarterly VAT for the fourth quarter of 2016 could no longer be postponed or split.
More bad news?
The Secretary of State for Finance, Jose Enrique Fernández Moya, said Wednesday that the limitation to 1,000 euros of cash payment will not come into effect on January 1, 2017, since the Government does not intend to approve this measure before Which ends the year, but will be included in a set of tax measures to be approved later.
Finally, it seems that the Tax Agency is already working on the draft of the new tax on sweetened drinks, which the Government will negotiate with the parliamentary groups.
We hope to have no similar news during these weeks.
We are at your disposal and contact with us so that we can advise you about it.