New Year new concerns. Penalties resulting from incompliances with the SII obligations. A reminder

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Although never acknowledged officially, it has been understood that up to 31st December 2017 the Tax Authorities did not intend to apply penalties for the failures in the compliance with the SII obligations.

 

From 1st January 2018 and although there has not still been an official pronouncement, it is to be expected that such an interim no penalties policy will not continue.

 

This circumstance, along with the fact that the dead-line for the filing of the SII reports is reduced to 4 working days, makes it important to remember the important economic consequences that may result for incompliant companies.

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The SII in 2018

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Close to the year end it is worthwhile reminding certain facts affecting those companies under the scope of this obligation.

 

 1.       The 31st December is the dead-line for filing the SII reports for the data corresponding to the period 1st January to 30th June 2017

 

The next 31st December will be the last day to send the SII reports corresponding to the data of the VAT registers for the period 1st January to 30th June 2017.

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Draft of Ministerial Order modifying Order HFP/417/2017 of 12 May, that regulates the technical specifications of the SII registers

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 The draft of a Ministerial Order modifying Order HFP/417/2017 of 12 May, that regulates the technical specifications of the SII registers, is open to public information at the website of the Ministry of Finances and Public Administrations until the 3rd November 2017:

Draft of new Order: click here.

Annex: Click here.

 

You have more information about the contains of the intended modifications at the website of the Tax Administration Agency clicking here.

 
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SII virtual assistant

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The SII section of the website of the Spanish Tax Agency (AEAT) has been updated so to include a "SII virtual assistant" which is meant to provide immediate responses to SII queries.

The question is to be submitted by filing a form that will be individualy answered. More information is to be found at the site.

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Campaign of the Spanish authorities to improve the level of compliance with the SII obligations

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The Spanish VAT authorities have started an information campaign as regards those companies which are not SII compliant, either because of their failure to provide any SII information at all or, for the case that such information was provided, because of the same is not consistent with the data that is declared at the corresponding monthly VAT return (form 303).

The communication from the tax authorities reminds uncompliant companies, not only of the possibility that their behaviour may give rise to the imposition of penalties but, also, as to the risk that the deduction of the input VAT declared at their VAT returns may be disclaimed.

This later warning implicitly refers to article 99. Three of the Spanish VAT Law which, for the case of a tax review taking place following a previous notice from the Administration, conditions the deduction of the input VAT quotas included at the VAT return to the fact that the same have been properly registered. If not, the deduction would be postponed to the period when such a registration takes place (please notice that, according to article 166. Two of the Spanish VAT Law, taxable subjects are obliged to reflect all the business transactions in their VAT registers within the dead-line to file the corresponding VAT returns).

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