Minutes of the meeting
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Large Companies Forum
PLENARY MINUTES 2/2021
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MINUTES OF THE PLENARY MEETING OF THE LARGE BUSINESS FORUM
HELD ON NOVEMBER 16, 2021
President of the Large Business Forum
President of the State Tax Administration Agency - Secretary of State for Finance
Mrs. Inés María Bardón Rafael
Vice-President of the Large Companies Forum
General Director of the State Tax Administration Agency
Mr. Jesús Gascón Catalán
Members representing the Tax Agency
Director of the Tax Management Department
Mrs. Rosa María Prieto del Rey
Director of the Department of Financial and Tax Inspection
Mr. Javier Hurtado Puerta
Director of the Collection Department
Mr. Guillermo Barros Gallego
Director of the Department of Aduanas and Excise Duties
Mrs. Mª Pilar Jurado Borrego
Central Delegate of Large Taxpayers
Mr. Manuel Trillo Álvarez
Members representing Large Companies
ACS
Tax Department Lawyer
Mrs. María Concepción Guardiola Lafuente
AMADEUS IT GROUP SA
Vice President of the Board of Directors
Mr. Jacinto Esclapés Díaz
BANCO SANTANDER
Group Executive Vice President
Mrs. Carmen Alonso Peña
BBVA
Director of the Tax Department
Mr. José María Vallejo Chamorro
Executive
Mr. Manuel Díaz Corral
LA CAIXA
Deputy Director of Tax Consulting
Mr. Juan José Lagares Gómez-Abascal
CEPSA
Fiscal Director
Mr. Alberto Martín Moreno
COFARES
Advisor Governing Council
Mr. Luis Valdeolmos González
EL CORTE INGLÉS
Director of the Tax Department
Mr. Luis María Sánchez González
ENDESA
Tax Affairs Manager
Mrs. María Muñoz Viejo
FCC
Director of the Tax Area
Mr. Daniel Gómez-Olano González
GENERALI
Director of the Accounting Area
Mr. Martí Jo Ruiz
IBERDROLA
Global Tax Director
Mrs. Begoña García-Rozado González
IBERIA
Spanish Tax Lead
Mrs. Cristina Santana Negrín
INDITEX
Tax Advisory Director
Mr. Andrés Sánchez Iglesias
MERCADONA
Fiscal Director
Mr. Rafael Hilario López Villanueva
MICHELIN
Tax Manager
Mrs. Rosa María Peña García
NATURGY
Tax Planning Director
Mr. Baltasar Gómez Febrel
RENAULT
Director of Tax and Customs Affairs
Mr. Félix Ruiz Madarro
REPSOL
General Economic and Fiscal Director
Luis López-Tello and Díaz Aguado
SEAT
Tax Director
Mr. Francisco Javier Baulenas Setó
SIEMENS
Tax Director
Mrs. Ana María Moreda Galante
TELEFÓNICA
Fiscal Director
Mr. Ángel Martín Gómez
VODAFONE
Tax Advice Director
Mr. Javier Viloria Gutiérrez
Technical Secretariat of the Large Companies Forum
Technical secretary
Mr. Ignacio Fraisero Aranguren
On November 16, 2021, the twenty-third plenary session of the Large Business Forum will be held by videoconference, attended by the aforementioned people, and in accordance with the following
AGENDA
- Opening of the session.
- Approval of the minutes of the meeting held on June 29, 2021.
- Results of the different working groups of the Forum.
- Next call.
- Other considerations, requests and questions.
1. Session opening
The session opens with Ms. Inés María Bardón Rafael, President of the State Tax Administration Agency (hereinafter, Tax Agency) and Secretary of State for Finance, in her capacity as President of the Large Business Forum, who, after greeting the attendees and thank them for their presence, points out that it is the will of the Tax Agency and the Ministry of Finance to continue advancing in terms of cooperative relationships and in promoting voluntary compliance with tax obligations, areas for which this Forum is an important instrument of collaboration. Likewise, it highlights that the commitment of the Tax Agency to promoting these matters is evident with their inclusion as priority objectives in the organization's Strategic Plan. On the other hand, Ms. Inés María Bardón communicates that she wishes to welcome to this Forum the new head of the Technical Secretariat, Mr. Ignacio Fraisero Aranguren, who has been appointed Director of the Planning and Institutional Relations Service, replacing Mr. ª Rosa María Prieto del Rey, who, in turn, has taken on the position of Director of the Tax Management Department, a position held by Mr. Gonzalo García de Castro, to whom, on the other hand, she wishes to convey her gratitude for the work developed during these years.
Next, the President of the Forum comments that, if the health crisis continues to evolve favorably, it may be considered that next year's meetings will once again be in person. Likewise, he apologizes, since, due to scheduling problems, he will soon have to be absent from the meeting.
2. Approval of the minutes of the meeting held on June 29, 2021
Ms. Inés María Bardón gives the floor to Mr. Ignacio Fraisero, Technical Secretary of the Forum, who points out that the minutes of the 22nd session of the Plenary Session of the Large Business Forum were sent to the members of the Forum as documentation attached to the call of the present plenary meeting and adds that, since no comments have been received and if there were none at this time, it would be definitively approved. As no observations were made, the minutes of the plenary session of June 29, 2021 are declared definitively approved.
3. Results of the Forum working groups
Next, the Secretary of State gives the floor to Mr. Jesús Gascón Catalán, General Director of the Tax Agency, so that he can present the people responsible for presenting the work carried out by the different working groups.
The Director General of the Tax Agency indicates that the four working groups of the Forum have continued with their usual activity during the second half of 2021 and each of them has held a meeting.
Next, give the floor to Ms. Rosa María Prieto del Rey, Director of the Tax Management Department, so that she can comment on the activity of the working group for the Analysis and rationalization of indirect tax burdens .
Ms. Rosa María Prieto begins her presentation by pointing out that the working group held a meeting on October 21 and that during it the following issues were addressed:
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In relation to the information campaign, the Deputy Director General of Tax Techniques reviewed the models approved during the first half of the year:
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DAC 6 (models 234, 235 and 236): The regulations have been transposed into the internal regulations and forms 234 and 235 have already been presented. The deadline for submitting form 236 is the last calendar quarter following the end of the calendar year in which the mechanisms were used in Spain and, although it cannot be submitted until the 4th quarter of 2022, the electronic office will The procedure has been published and simulations can be carried out.
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Tax on Financial Transactions (form 604): The regulations are published in BOE . The submission period is from the 10th to the 20th of the month following the monthly settlement period, although for self-assessments for the first four months of 2021 the deadline has been from June 10th to 20th. The list of Spanish entities with market capitalization greater than 1,000 million euros will be updated each year.
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Tax on Certain Digital Services (form 490): The settlement period is quarterly and the General Directorate of Taxes has published several consultations in relation to the subjective scope of the obligation to declare.
Likewise, regarding the new features of the campaign, the Deputy Director General of Tax Techniques highlighted the following:
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Form 179 (quarterly informative declaration of the transfer of use of homes for tourism purposes): A new model has been approved, in accordance with the new wording of article 54 of the General Regulations for the Application of Taxes (RGAT). It came into effect on June 26, 2021 and its submission deadline is the calendar month following the end of the quarter. The information will be provided in the tax data for Personal Income Tax and Corporate Tax.
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Tax current account (CCT): A new model for requesting inclusion and communication of resignation from the tax current account system is approved. The main novelty is that this model is presented through a form, while previously it had to be done through electronic registration, which represents an improvement as the information is integrated into the applications.
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Draft order for modification of informative statements: It is being processed, although the modifications are basically of a technical nature. During the working group meeting, the representative of the Department of Tax Management shared a presentation detailing these modifications. Additionally, it was noted that the frequently asked questions regarding the 290 model had been updated.
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Regarding the next regulations in the pipeline, the following were commented:
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Draft Ministerial Order of models 347, 05 and 06 and modification of the forms of presentation of model 303:
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Model 347: Code XI is introduced for people operating in Ireland.
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Models 05 and 06: An additional field is included to report the tax base, necessary, among other reasons, to quantify the economic impact of non-taxation and exemptions.
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Form 303: The pre-declaration is eliminated starting in 2023, which affects a group that will require some assistance in filing.
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Draft Ministerial Order on the special tax on Listed Joint Stock Companies for Investment in the Real Estate Market (SOCIMI): A 15% tax is established on undistributed profits for periods beginning on or after January 1, 2021. The self-assessment period is two months from the accrual, which will be the day of the agreement to apply the result of the year. The model will be approved in similar terms to the current model 217.
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Virtual currencies: Informative statements on holding and operations with cryptocurrencies will be approved, although said approval is subject to regulatory development that, foreseeably, will be processed in the coming weeks. A new obligation to report this type of assets abroad is also created.
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Council Directive (EU) 2021/514 of March 22, 2021 (DAC 7): In 2022, the processing of the ministerial order regarding the new information obligation of people who operate through digital platforms will begin, so that it will be applicable from January 2023. The information return would be presented in January 2024.
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CESOP (central electronic payment information system): Entities providing payment services will have to submit quarterly information on B2C operations regarding certain cross-border payments, which will allow electronic commerce operations to be controlled at community level.
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Regarding assistance services, the new functionalities of Pre303 were explained, highlighting assistance in census matters, both for census data at the time of access and for the self-assessment period to be presented. Likewise, in reference to the portfolio of installments to be offset, it was reported that a notice had become considered validation, so that the result of the self-assessment cannot be offset if the entire result is offset with installments to offset from periods previous periods and there are outstanding amounts to be compensated from previous periods. In addition, it was noted that two notices incorporated in October will become validations starting in March 2022, so that it will not be possible to request a partial refund and it will not be possible to partially apply pending compensation fees. To conclude with this point, the Deputy Director General of Tax Techniques referred to the information available in the last self-assessment of the year, such as data on activities carried out in the year for taxpayers who do not have to present form 390, or the operations carried out in the year for taxpayers SII with access to Aggregated Books.
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In the “Requests and questions” section, the following questions arose:
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The representative of the Planning and Institutional Relations Service recalled that in the month of December all applications must be redirected to the new electronic headquarters and that it was convenient for companies to make the necessary adaptations before that date. For their part, representatives of CaixaBank and ACS commented that they found the new headquarters more intuitive and that the applications were working normally.
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The representatives of Vodafone and Endesa indicated that lately there had been an increase in information requirements originating from SII , which represented a significant workload, to which the Deputy Director General of Tax Technique responded that these were ratifications and contrasts of information that are common during the VAT campaign and that fundamentally affect taxpayers who declare summary entries, since the Tax Agency does not It has the invoices that include those entries and, therefore, it does not have the information. However, he added that the Department of Tax Management was studying how to improve the ratification service.
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The representative of Repsol referred to the complexity of the Corporate Tax declarations, fundamentally the adjustments on page 26 and following, suggesting, as on previous occasions, a rethinking of forms 200 and 220 and also allowing an advance in the presentation . For his part, the Deputy Director General of Studies, Methods and Procedures responded that he agreed with the complexity of the models, but pointed out that their simplification was very costly. He added that, even so, work was being done to improve assistance in completing the models and that, possibly, improvements in this matter could be reported in the near future.
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Next, Mr. Jesús Gascón thanks Ms. Rosa María Prieto for her intervention and gives the floor to Mr. Javier Hurtado Puerta, Director of the Department of Financial and Tax Inspection, so that he can comment on the main topics that were addressed in the working group for analysis of tax regulations and conflict reduction .
Mr. Javier Hurtado points out that in the second semester a meeting of the working group was held, specifically on November 2, and that basically three topics were discussed:
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Principle of full regularization in checks: It is a complex issue that has given rise to contradictory jurisprudential assessments in some cases and that can still be considered a principle “under construction.” The Tax Agency abides by this principle, but assesses its application on a case-by-case basis. Likewise, it is important that the companies themselves expressly invoke it during the verifications in order to facilitate, where appropriate, that it can be applied as soon as possible. On the other hand, the focus at the meeting was on situations that affect large companies and it was commented that it is difficult to provide clear solutions in all cases. Thus, the principle arose in the field of VAT , but it has evolved and is also applied to direct taxes. It consists of the fact that the Tax Administration, when carrying out a verification, must try in a single act to regularize all the intertemporal aspects that arise from it, so that the least possible harm is done to any taxpayer, that is, it is not enough to regularize a exercise leaving open others that would have been affected by the regularization, but must be done in its entirety. On the other hand, there is contradictory jurisprudence of the Supreme Court (rulings of May 18 and October 15, 2020) where, on the one hand, based on the principle of good administration, the need to proceed with simultaneous verification in matters of operations is established. linked between the two affected parties and, on the other hand, determines that it is necessary to wait for the finality of the settlement of the first adjustment to proceed with the second. Thus, this jurisprudence makes it difficult to apply the principle of full regularization and, in addition, introduces a certain complexity in the verification that, in the opinion of the Tax Agency, is not certain to benefit the taxpayer, since it requires having the files open for a period of time. a longer period of time. Likewise, the Supreme Court in its rulings of March 18 and July 22, 2021 has established limitations on the application of this principle, such as, for example, when it affects a tax jurisdiction other than the acting one, whether from another country or a regional Administration, where it could only be communicated to the other Administration, or when, based on the principle of prescription, it concludes that tax credits cannot arise from prescribed years.
For her part, the representative of Iberdrola at the meeting asked if it would be possible to apply the full regularization procedure in relation to the deadlines as if it were related operations, to which the Deputy Director General of Legal Planning and Legal Assistance replied that The scope of the related operations corresponds to the same taxpayer, while full regularization can affect several, so the scope does not coincide and the principle of treatment of related operations could not be applied by analogy.
Likewise, the representative of Ferrovial raised the question of how to proceed in the event that the temporary effects exceed the initial scope of a verification, to which the representative of the Department of Financial and Tax Inspection responded that the rectification of the self-assessments can be requested. of the subsequent period and inform the acting inspection team of said request, in order to expedite its processing and make it coincide with that of the administrative liquidation.
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Tax options and application of article 119 of the General Tax Law: The Iberdrola representative at the meeting, who had been the promoter of the inclusion of this issue on the agenda, indicated that she had urged this debate because she considered the concept of “tax option” extremely indeterminate and understood that it was important to relate said concept with the right of rectification that any taxpayer has. For his part, the Deputy Director General of Legal Planning and Legal Assistance agreed that, indeed, the concept was not clear, since the Tax Agency does not have a list similar to the one approved by the provincial Treasury, having to comply with what it determines. the TEAC or the courts. Thus, it was indicated that in the doctrine of TEAC the compensation of negative tax bases or quota deductions are included as tax options, although it was commented that it was not a peaceful matter and that several appeals were pending resolution. Likewise, it was noted that the Supreme Court, in its ruling of October 15, 2020, had admitted the change in the criterion for temporal allocation of income and expenses, moving from the accrual criterion to the cash criterion, considering that the tax circumstances had changed substantially after verification and that the conduct of the person liable for tax had not been punishable. On the other hand, regarding the temporal aspect of the tax options, two rulings of the Superior Court of Justice of the European Union were commented, dated April 30, 2020 and October 14, 2021, in which it is established that the possibility of Exercising a tax option cannot remain open indefinitely, so the emergence of tax credits clearly generated in prescribed years would not be considered admissible, unless it is due to objective and justifiable reasons. For his part, the Ferrovial representative asked what could be done in the event of not having applied deductions due to lack of sufficient full quota or not having compensated negative tax bases due to lack of sufficient positive tax base against which to apply them. The representation of the Tax Agency answers that, if the entire possible amount had been applied in the initial declaration, in the event that the quota or the tax base increased as a result of a verification, the deduction or compensation could be completed since The taxpayer's option was to apply the maximum possible amount; However, it would not proceed if the initial declaration had not chosen to apply the entire possible amount.
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Current situation of pillar one and pillar two: The Head of the National Office of International Taxation (ONFI) reported that on October 8, the Inclusive Framework of the OECD - G20 on BEPS (base erosion and profit shifting) had reached an agreement of great importance in relation to the fiscal challenges that result from the digitalization of the economy. He added that said agreement would have positive effects in terms of legal certainty both for the group of taxpayers and for the States among which the taxation of multinationals is distributed, but that it would also affect the powers of each of the jurisdictions, therefore that an intense debate was still needed in order to work out the details. Thus, the following issues were highlighted:
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In relation to pillar one: As regards the scope of application of amount A (companies with a profitability greater than 10% and a turnover greater than 20,000 million euros), an averaging system is established for its calculation. It has been agreed that the amount to be distributed between market jurisdictions is 25% of the group's share of pre-tax profit, which exceeds 10% of revenue volume. The calculation is made on a global consolidated tax base, on which, in principle, not too many adjustments will be made, although these are yet to be determined and, depending on how it is finally configured, the amount to be distributed will be greater or less. To help the implementation of amount A, a multilateral instrument will be developed during 2022 that commits all jurisdictions, establishing a novel early certainty mechanism through the creation of a multi-country panel, where the States that have joined will adopt global decisions of distribution, both in relation to its rules and the quantitative materialization for each of the countries, so that amount A is fixed in a definitive and incontrovertible way. Likewise, there will be a new reinforced line in order to resolve conflicts that may appear and the entire system will be managed, through a quite complex and elaborate formula, through a single window system that will come into force in the year 2023.
Regarding amount B, it was commented that this could affect more companies than amount A and consists of a standard percentage for the basic marketing and distribution activities in the market jurisdiction, which would avoid current controversies in their valuation. .
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In relation to pillar two: It will have a scope of application greater than that of pillar one since it refers to multinationals that have a turnover of more than 750 million euros. The minimum rate is 15% and, for developing countries, considering that they do not have multinationals based in their territories, it has been agreed that they can ensure the taxation of certain types of income by subjecting them to taxation at the source when they are going to be pay a rate lower than 9%. Likewise, certain exceptions are established (carve-out) que harían que la forma en que interviene el tipo mínimo del 15% sea distinta, así como una regla de minimis to not apply pillar two in certain cases. Regarding its implementation, it will be parallel to that of pillar one and the regulations will be developed in the year 2022, so that it comes into force in 2023.
For his part, the Inditex representative asked if it would be possible to know in greater detail how pillar one is going to be applied, since it generated great concern from the organizational point of view of multinationals. The Head of the National Office of International Taxation responded that the official documentation was confidential, but that, to the extent possible, without violating the rules of confidentiality, there would be no problem in informing the Spanish groups of the progress of the work. affected.
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Mr. Jesús Gascón thanks the Director of the Department of Financial and Tax Inspection for his intervention and gives the floor to Ms. Pilar Jurado Borrego, Director of the Department of Customs and Special Taxes, who will comment on the matters discussed in the meetings of Special Taxes working group .
Ms. Pilar Jurado comments that at the working group meeting that took place on October 28, the following issues were addressed, among others:
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Excise Tax on Electricity: It was reported that Royal Decree-Law 17/2021, of September 14, by which measures had been adopted in order to mitigate the impact of price escalation in retail electricity markets and contribute to the reduction of costs in the final electricity bill, had reduced the tax rate until December 31, 2021, from 5.11269632% to 0.5%. Likewise, the consequences that, for the presentation of form 560, derived from said reduction, were explained, not exempt from certain complexity, since it was necessary to compare the full amount resulting from applying the tax rate provided for in article 99.1 of the Law of Special Taxes (LIE) with the result of applying the provisions of article 99.2. Furthermore, it was pointed out that other cases may arise in the event of application of the reductions in article 98 of the LIE . On the other hand, regarding the completion of the breakdown table in the new self-assessment form 560, which came into force on October 1, the information that must be provided is expanded, and the data by exemption can be included in an aggregate form. and not having to fill in the data corresponding to the recipients. For their part, the companies proposed that the box corresponding to the tension could be completed in a group for all the operations subject to the declaration, to which the Deputy Director General of Management and Intervention of Special Taxes replied that the possibility of doing so would be introduced. .
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Tax on the Value of the Production of electrical energy: The suspension of the tax during the third and fourth quarters of 2021 established in Royal Decree-Law 17/2021 was reported, as well as that, consequently, the positive or negative amounts corresponding to the electricity incorporated in said quarters, for the purposes to settle the tax, they should be considered to be zero euros. It was added that the measure would have effects on:
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for taxpayers who had to submit four installment payments: in the settlement of the third and fourth and in the annual;
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If they had to submit a single installment payment: in the liquidation of the same and in the annual one.
On the other hand, it was also commented that the measure would have effects when establishing the value of 2021 production in order to determine whether a single installment payment or four payments should be submitted for the electricity incorporated in 2022.
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Tax on single-use plastic packaging: Companies raised concerns about the following issues:
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Registration in the census of intra-community acquirers.
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The recording of kilograms of non-recycled plastic on the invoice.
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Refund requests in case the containers are sent outside the territory of application of the tax.
The Deputy Director General of Management and Intervention of Special Taxes pointed out that the Bill on waste and contaminated soils was still being processed, so the configuration of the tax was not final and, as a consequence, an adequate response could not be given to the requests. issues raised.
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Registry of retail distributors of hydrocarbons: The inclusion of a new article 116 ter in the Draft Royal Decree amending the Special Tax Regulations was reported, which provides that those who operate in the retail distribution of fuels and fuels to vehicles in facilities authorized to effect that, in accordance with the provisions of article 43 of Law 34/1998, of October 7, on the Hydrocarbon Sector, they are going to make supplies to other retail distributors, they must register in the Registry of retail distributors. minor hydrocarbons. Likewise, the representative of the Customs and Excise Department highlighted the following aspects:
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The registration request will be made through the electronic headquarters of the Tax Agency.
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Previous requirements: be registered in the census of businessmen and professionals, be up to date with tax obligations and have their registration recorded in the Registries of the Ministry of Industry or the appropriate Autonomous Communities, as a retail distributor.
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Processing of the file: The Administration will verify the veracity of the data provided and, if appropriate, will agree to the registration in the Registry.
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In case of non-compliance with the requirements and conditions, the registration will be revoked.
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Regarding fiscal control, they will be subject to the intervention regime.
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Possible subjection to the keeping of accounting through the SILICIE system (Immediate Supply of Special Tax Accounting Books), if it is included in the regulatory text that is approved.
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Immediate Supply of Special Tax Accounting Books (SILICIE): At the meeting held on October 28, the following issues were raised:
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Implementation of SILICIE : As of October 2021, almost the entire census has already been incorporated; The percentage of registered establishments that have provided accounting entries in 2020-2021 is above 96% in the hydrocarbon sector, 100% in tobacco and above 90% in alcohol.
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Queries through the help tool available in the electronic office:
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Seat consultation service, which in turn offers two consultations:
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Consultation of seats presented: allows access to all the seats presented and the details of each of them.
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Aggregate seat query: provides a monthly summary of all submitted entries.
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Stock inquiry service, including:
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Stock inquiry on-line, which reports the stocks deducted from the seats supplied.
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Stock consultation at the end of the monthly period, which reports on stocks on the last day of the period.
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Extension of SILICIE to all establishments required to keep records of products subject to Special Taxes: The extension of the system to this new group of taxpayers is a consequence of the new wording given in the Special Tax Regulations to the various articles that establish these accounting obligations. As examples of affected taxpayers, the following cases can be cited: the use of totally or partially denatured alcohol, the destruction of waste, provisioning of aircraft and vessels, etc. The entry into force is subject to the approval of the bill that modifies the Special Tax Law and the project to modify its regulations, which are in the process of being processed. Likewise, during 2022 the prior public consultation process will begin in order to begin the processing of the Draft Order that develops the regulatory obligation to maintain accounting through the electronic headquarters of the Tax Agency, whose deadlines will be adapted to the of the regulatory processing.
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To conclude her presentation, Ms. Pilar Jurado comments that in response to a question from the companies, the representative of the Customs Department presented the general lines of the new organization of the Regional Customs and Excise Departments and pointed out that it could be produced any change in the personnel who usually carried out intervention functions in the establishments.
Mr. Jesús Gascón thanks Ms. Pilar Jurado for her intervention and gives the floor to Mr. Manuel Trillo Álvarez, Central Delegate of Large Taxpayers, so that he can comment on the activity of the Cooperative Relations working group .
The Central Delegate begins his intervention by reporting the appointment of Joan Cano García as Deputy Central Delegate of the Central Delegation of Large Taxpayers of Barcelona, who had previously held relevant positions in the Tax Agency.
Next, Mr. Manuel Trillo begins the presentation of the issues discussed at the meeting of the Cooperative Relationship working group, which took place on November 11:
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Implementation of the new taxes: It was commented at the meeting that the Tax Agency already had information from which first impressions could be extracted:
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In relation to the Tax on Financial Transactions, it was noted that the majority of filers (370 on average) were non-residents (around 300), which corroborated the importance of the volume of foreign investment in Spain. Thus, it was indicated that, as they were non-residents, the majority were not assigned to the Central Delegation of Large Taxpayers, but to the Special Delegation of Madrid, although they were distributed throughout the national geography, depending on the place of assignment of the person to whom they had granted their representation. Likewise, it was reported that collection remained stable at around 30 million euros per month. It was commented that the preponderance of exempt transactions over subject transactions had drawn extraordinary attention, and was being reviewed, and especially in certain non-resident taxpayers. Finally, it was added that from the sampling carried out with several Spanish financial entities it could be deduced that the tax management performance was reasonably good.
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Regarding the Tax on Certain Digital Services, it was commented that it would take longer to draw conclusions, not only because of its novelty but also because of the complexity of the digital world. However, from first impressions it was highlighted that this tax also included a preponderance of non-residents, mainly subsidiaries of American multinationals. Likewise, it was noted that collection was growing, around 60 million euros per quarter, and, due to taxable events, 80% corresponded to online advertising activities and 18 or 19% to intermediation activities. For their part, the data transmission operations had a very low impact on both the declaration and the collection, a fact that was being analyzed and investigated by the Tax Agency. Thus, it was indicated that the collection was below the forecasts made at the time, although it had to be taken into account that these were based on a tax different from the one finally approved. On the other hand, it was commented that the payments made for this tax would become payments on account, to the extent that pillar one was implemented in the terms agreed by the G20.
Finally, in relation to this point, the companies expressed their concern about how the Financial Transactions Tax could affect the capitalization of Spanish companies, to which the Tax Agency responded that, since it is such a low rate , the expected incidence was negligible, but, nevertheless, we would have to be attentive to its evolution. Furthermore, some companies commented that the tax settlement mechanism was cumbersome in some specific situations, such as the delivery of shares to the employees themselves.
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Publication on the Tax Agency website of the list of entities presenting the transparency report: At the meeting, it was highlighted that for the Tax Administration, transparency reports were an essential instrument of the cooperative relationship, underlining the importance of publicizing this fact on the electronic headquarters of the Tax Agency, which, on the other hand, also had its relevance for reputational purposes for the presenting entities. Furthermore, it was indicated that among the commitments acquired by Spain with the European Commission linked to the receipt of recovery funds was that of maintaining the level of presentation of transparency reports, so the publication of the list of presenting entities would allow the Commission to monitor said indicator. Thus, it was added that it was planned to publish the list corresponding to the 2019 financial year shortly, but that it would continue and in 2022 the list for 2020 would be published.
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Conclusions from the data CbCR (Country by Country Report): The development of this agenda item was carried out by the Director of the Tax Studies and Statistics Service, who pointed out that the information derived from a legal obligation and subject to a validation process for its submission guaranteed incomparable quality for the preparation of studies and statistics compared to other sources of information, favoring the use of said studies as instruments for monitoring collection, calculating forecasts, teaching or decision-making in tax policy, in addition to also fulfilling an important function social in terms of accountability and as an element of transparency. In this regard, he indicated that in 2021 two fundamental statistics had been prepared in relation to Corporate Tax: that of Consolidated Annual Accounts and the statistical exploitation of model 231. In relation to the first, the Director of the Tax Studies and Statistics Service commented that its preparation had been very laborious since not all the information had been available until recently. Regarding the declaration
CbC He noted that this was the third year that this study had been carried out and highlighted the following issues:-
In the 2018 study, the information is much broader than in previous editions, collecting by jurisdiction all types of data in relation to turnover, subsidiaries, tax accrued and paid, capital assets, etc., allowing the evaluation of the differential behavior of Spain compared to other jurisdictions.
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The statistics refer to 122 multinationals with Spanish headquarters with a turnover of more than 750 million euros.
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The following data can be extracted:
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The global effective rate declared is 18.3% and 16.9% for Spain, which is four points less than what is paid by the same group in non-member countries of the European Union (20.9%).
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The statistics once again show a great dispersion of effective rates on profits with very low or very high rates, although there is a central group with rates between 12 and 18%, this being the normal behavior in terms of profit.
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The main difference between this study and that of the Consolidated Annual Accounts, which it complements, is that the first refers to the net profits by jurisdictions, that is, discounting the losses of the subsidiaries, while the second refers to the gross profit. of the group, in line with the tax philosophy that only taxes positive results.
For their part, the companies expressed their discomfort with the headline of the press release published on the website, to which the representation of the Tax Agency replied that, indeed, the headline did not contain qualifications, but that, nevertheless, it was I could consult the complete study, as it was also published, as well as the methodology used in its preparation.
To conclude with this point, Mr. Manuel Trillo points out that the data provided by multinationals in this information model will be a fundamental support point for the implementation of pillars one and two, while at the same time constituting an important instrument for the exchange of information. information between States.
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Analysis of corporate tax contribution data and corporate tax transparency: In the previous plenary session of this Forum, its President pointed out that transparency was a general demand of citizens and proposed that the entities present their lines of action and expectations, just as the Tax Agency was doing by publishing not only its results , but also subjecting itself to demanding evaluation mechanisms that allow it to detect aspects that could be improved. Thus, at the working group meeting, the companies proposed presenting their own study on the global contribution of the companies participating in the Forum, not only referring to Corporate Tax, but also on other tax figures. The Tax Agency expressed its agreement with the proposal and that it was aware of some publication that used that methodology. It was added that the collaboration of large companies was essential for the tax system due to their participation in the management of various taxes, such as withholdings of Personal Income Tax or the collection of VAT , but that, however, regardless of whether one agreed or not with the methodology used, the difference between taxes paid and taxes managed, for the Tax Agency, was very clear.
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Inclusion of the “Cooperative Relationship” in training: It was commented that the Institute of Fiscal Studies in coordination with the Tax Agency was preparing for the new staff of the next call of the Superior Corps of State Treasury Inspectors the inclusion of this subject, probably in the round table format, in which involved both representatives of the Administration and the business world, in order to convey the different points of view to the students. Likewise, it was pointed out that there was no problem in including the “cooperative relationship” in the internal and continuous training programs of the Tax Agency staff, since its promotion was a commitment established in the organization's Strategic Plan. It was indicated that it would be interesting to hold conferences, especially if company representatives also participated.
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Finally, the Director of the Internal Audit Service reported on the creation of the Ethics Advisory Commission, in compliance with the commitment provided for in the Strategic Plan of the Tax Agency. He pointed out that the Commission had an advisory and consultative nature and was made up of its presidency (head of the Tax Agency Directorate), its secretariat, three institutional members (heads of the Internal Audit Service Directorate, of the Human Resources Department and the Legal Service of the Tax Agency) and three independent members who would be selected from among professionals of recognized prestige or people who have held management positions in the Tax Administration.
Next, Mr. Jesús Gascón thanks Mr. Manuel Trillo for his intervention and offers the floor to the attendees in case they wish to make any comments in relation to the working groups.
Firstly, Mr. Jacinto Esclapés Díaz, representative of AMADEUS IT GROUP, intervenes, who after thanking the Tax Agency for the presentation made, comments that it had been agreed that the summaries of the working group meetings would be distributed among the entities represented. in the Forum and that he was not aware of having received them this semester. He adds that having the summaries makes it possible to know before the plenary session what was discussed in the meetings, especially those of the working groups in which there is no participation, which helps to streamline the plenary sessions, reducing the time spent. dedicated to these explanations and favoring going deeper into some aspects and pointing out certain issues. On the other hand, he raises two questions to the Central Delegate: Firstly, in relation to the publicity of the entities presenting the transparency reports, he comments that he assumes that it will be at a statistical level and not publicity of the documents; Secondly, in relation to the implementation of pillar one, it asks if for companies with a turnover of less than 20,000 million euros, what is paid for the Tax on Certain Digital Services is going to be a definitive payment.
Mr. Manuel Trillo answers that, indeed, the content of the transparency reports is scrupulously subject to the duty of secrecy and secrecy and that publicity will be limited to making known the name of those entities that present it. On the other hand, in relation to the second question, he comments that at this time the only information available is that already stated in the G20 agreements, that is, that the tax will be considered as a payment on account for the entities. affected, with no more data available regarding how pillar one is going to be articulated.
Ms. Rosa María Prieto then intervenes to point out that, with regard to the summaries of the working groups, although on previous occasions they had been sent to the collaborator of the Technical Secretariat so that she could distribute them among the companies in order to Agreeing on a summary that could be incorporated, at least in part, into the minutes of the plenary sessions, on this occasion, due to the proximity of the working group meetings, had not been possible. Furthermore, he points out that this practice had been adopted so that the plenary sessions were more active and with greater participation by companies, but that it had not worked and the companies had practically not intervened. Thus, the Director of the Tax Management Department indicates that, although the responsibility is no longer hers, in her opinion it is a good model, but that, for its effective functioning, a commitment to proposing content for the plenary sessions is necessary.
The Director General of the Tax Agency then takes the floor to comment that, although on previous occasions it has not worked as well as would be desirable, he agrees that it would be positive to advance this practice and extract those issues from the activity of the working groups. that for their interest it is appropriate to deal with them in greater detail in the plenary sessions or, even, especially if the President of the Tax Agency attends, include in the agenda of the plenary sessions those other matters that the Forum considers relevant. Likewise, it proposes that, in order to have time to prepare the summaries, the group meetings be held at least fifteen days before the plenary sessions are held. On the other hand, Mr. Jesús Gascón points out that, regarding the Tax on Certain Digital Services, we will have to see how pillar one is implemented.
Next, Ms. Begoña García-Rozado González, representative of IBERDROLA and collaborator of the Technical Secretariat of the Forum, intervenes and comments that she will coordinate with Mr. Ignacio Fraisero in order to organize the work of the following plenary sessions since she considers that, indeed, We must take better advantage of the assistance of the Secretary of State for Finance. On the other hand, he asks if the list of entities presenting the transparency report has already been published.
Mr. Jesús Gascón answers that it has not yet been published because it is being analyzed whether to publish the report corresponding to 2020 in relation to the 2019 financial year or wait to have the report for 2021 to publish it in relation to 2020. He reiterates that only the list of presenting entities will be publicized and indicates that it will be carried out in the coming weeks.
4. Next call
The General Director states that the intention is to maintain the semiannual frequency of the meetings and that, if health conditions allow, it is desirable that the next one be in person. In this sense, it points out that the Tax Agency is strictly respecting the capacity established in the internal regulations for the prevention of occupational risks. However, it indicates that the Ministry is looking for a room that allows the necessary capacity for holding the plenary session, since it is considered that personal contact is an essential element that contributes to greater dynamism in the development of the meetings that, For their part, telematic means, subject to greater rigidity, cannot match. Likewise, he reiterates that an attempt will be made to bring forward the holding of the working group meetings.
5. Other considerations, requests and questions
Firstly, the General Director of the Tax Agency announces that, as a consequence of the merger of Bankia and CaixaBank, the number of companies represented in the Forum has suffered a decrease, so it has been decided that Banco Sabadell will fill the vacancy . He adds that the entity had requested to join the Forum and that the main reason for the decision had been the fact that it also belongs to the financial sector. Thus, he points out that once again there are 27 companies represented in the Forum.
Next, Mr. Jesús Gascón opens a new round of interventions and, since none are produced, informs for general knowledge that the Tax Administration, in compliance with the commitments assumed by the Government of Spain in Component 27 of the Tax Plan Recovery, Transformation and Resilience, plans to carry out a provisional evaluation of the application of Law 11/2021, on measures to prevent and combat tax fraud, in the 4th quarter of 2022 and another, in greater depth, in the last quarter of 2023, in which, in view of the results, the maintenance of the measures included in the Law, its modification or suppression is proposed. He adds that in the European Union the evaluation of regulatory application is a common practice, although in Spain it has not been considered a priority until quite recently. Mr. Jesús Gascón points out that cooperation forums can play a key role in a more active participation in the proposals for normative regulation and asks the attendees for their collaboration in the preparation of the aforementioned evaluations, transmitting their observations and observations to the Tax Agency. reflections on this matter. In the same sense, Mr. Jesús Gascón communicates that the Administration is already working on preparing the next Spanish presidency of the Council of the European Union in the second half of 2023. He adds that in the coming months the presidency will be assumed by France, which will surely give an important boost to regulatory harmonization and the projects in the pipeline, but that, given that at the community level regulatory production has increased significantly, the Spanish presidency is going to find itself with many files in process. He also points out that the Spanish presidency will be a “closing cycle presidency”, since it will be the last before the elections to the European Parliament, and will have a certain decision-making capacity over the projects to be promoted. Thus, Mr. Jesús Gascón proposes that in one of the Forum's working groups or in a meeting called ad hoc To deal only with the European issue, companies communicate their priorities or points of view on the files to be promoted. He adds that contacts will soon begin with the European Commission and the rest of the States in order to develop the work agenda and that it would be useful to have the opinion of companies when defining Spanish priorities. On the other hand, the Director General of the Tax Agency reports that the President of the National Institute of Statistics (INE) has proposed the organization of a meeting regarding the surveys with the entities of the Forum, in order to find formulas so that the growing The flow of information that reaches the Tax Agency serves to eliminate other types of obligations and thus simplify the workload it entails for companies. Mr. Jesús Gascón points out that it is not easy to integrate the information needs of the INE into the tax declaration models, but that surely some points of simplification could be found. He adds that, if the content of this meeting is finalized, the companies represented in the Forum will be summoned in order to begin to develop an approach to information obligations from a point of view that is not only tax, but more general and global, which favors a rationalization of indirect charges. In another vein, the Director General of the Tax Agency comments that, likewise, during 2022 we will have to be attentive to the development and completion of the work related to pillars one and two, since it is expected that they will involve important changes in the design of some of the figures of the tax system and formal obligations. Finally, Mr. Jesús Gascón comments that, although the Secretary of State has already done so, he wishes to thank Mr. Gonzalo García de Castro for the work carried out and the enthusiasm dedicated to it during these years. He also thanks Ms. Rosa María Prieto for the work carried out at the head of the Planning and Institutional Relations Service and as Technical Secretary of this Forum, as well as, and previously, for the work she will carry out, without a doubt, as Director of the Tax Management Department. Likewise, he welcomes Mr. Ignacio Fraisero in his new responsibilities and wishes him that they will be as fruitful as those of his predecessor.
Finally, the General Director of the Tax Agency thanks the attendees for their presence and concludes the twenty-third plenary session of the Large Business Forum, saying goodbye until the next meeting.
THE TECHNICAL SECRETARY
D. IGNACIO FRAISERO ARANGUREN
Vº Bº
THE PRESIDENT OF THE FORUM
D. INÉS MARÍA BARDÓN RAFAEL