Law 13/2023, of May 24, has been published, which modifies Law 58/2003, of December 17, General Tax, in transposition of Council Directive (EU) 2021/514 of March 22 of 2021, which modifies Directive 2011/16/EU on administrative cooperation in the field of taxation, and other tax regulations.

The amendments introduced in the General Tax Law aim, among others, to:

• the transposition of Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation, known as DAC 7, establishing a new information obligation regarding digital platform operators or the joint inspection regime;

• the figure of the corrective self-assessment is introduced, by which the taxpayer may rectify, complete or modify the self-assessment previously submitted, regardless of the result thereof, which will replace, in those taxes in which it is established, the submission of complementary declarations and requests for rectification;

• In the limited verification procedure, in order to improve its effectiveness, the power of the tax administration to verify commercial accounting is recognized, for the sole purpose of verifying the coincidence between what appears therein and the information held by the administration;

• The system of information obligations for certain tax planning mechanisms is modified in order to exempt certain intermediaries from the obligation to provide information due to the duty of professional secrecy.

Law 13/2023, of May 24, also modifies other tax regulations, such as the laws regulating Corporate Tax, Value Added Tax, or Non-Resident Income Tax.

In the area of Corporate Tax, there is a new wording of the rule on limiting the deductibility of financial expenses contained in article 16 of Law 27/2014, of November 27, on Corporate Tax.

In relation to the Value Added Tax, it is established that in cases of abandonment of the non-customs storage regime of goods subject to Special Taxes, an operation assimilated to an import and not an import of goods will be carried out; For this reason, the tax base for imports of goods and operations similar to imports of goods has also been modified. In addition, entrepreneurs and professionals who have the headquarters of their economic activity in the Canary Islands, Ceuta or Melilla are allowed to benefit from the electronic commerce import regime in VAT , without the need for have, as until now, a representative established in the Community.

In the Non-Resident Income Tax, the modifications that are introduced seek to complete the transposition of Council Directive (EU) 2017/1852, of October 10, 2017, on tax dispute resolution mechanisms in the Union European.

The amendments introduced by Law 13/2023, of 24 May, aim to improve the existing framework for the exchange of information and administrative cooperation in the European Union, as well as to extend administrative cooperation to new areas, in order to address the challenges posed by the digitalisation of the economy and to help tax administrations manage taxes in a better and more efficient way. Furthermore, the new measures allow for further progress in taxpayer assistance and in improving tax management, with the aforementioned new figure of corrective self-assessment and with the development of more effective verification procedures.

You can consult the full text of the Law at the following link: Law 13/2023, of May 24 .