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SII and the Canaries. 2019

A special version of the SII is expected for the Canaries since the 1rst January 2019. As happens in the mainland, those companies obliged to file monthly IGIC returns will also be obliged to file electronically their IGIC registers in real time to the Canary Island’s tax authorities.

 

The regional tax authorities are implementing the IGIC SII system which, except for small differences, will not much differ from the VAT SII in the mainland and other autonomous regions which have regulation authority on this issue and which, as happens with Country Vasque and Navarre, have implemented their own SII system.

 

The Canarian tax authorities have habilitated a mail address for answering questions on the IGIC SII. Also, additional info and a draft of the technical requisites can be found at the site of the Canary Islands Tax Directorate.

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New F.A.Q.'s for the SII version 1.1 published

An updated docucument of F.A.Q`s related to the SII version 1.1, applicable since 1st July, has been published at the website of the Spanish Tax Agency. To have access to the document (for the moment in a Spanish version) click here.

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How to tax Matrix?

This past week-end has brought the notice of the failure of the European Finance Ministers to reach a principle of agreement about the creation of a Digital Tax in the European Union.

The initiative to set up a European tax to big internet agents that is based in the turnover rather than in the declared profits, originally leaded by Germany, France, Italy and Spain, would require unanimity of the member states so to be accepted.

It is clear after the announcement following the unformal ECOFIN of last Saturday and the doubts assaulting the executives of Germany and Italy, that such an unanimity is far from be reached. The main reason is the reluctance of those Member States, such as Ireland and Luxembourg, where tax incentives are key pillars of attracting foreign investments against the introduction of the intended Digital Tax.

Although this position could be explained by their having much to lose from a revision of the present status quo, the reason that has been given against the adoption of a unilateral initiative of this kind by the EU has been the distortion of competition and the risk of a conflict with other World leading economies which the same may entail.

Instead, those countries contrary to the Digital Tax propose to wait until common solutions as to how to tax giant technology companies are implemented at a wider multinational level, as may be within the OCDE.

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Changes in the SII technical instructions from next July 2018

The Ministerial Order (MO) 187/2018 of 22 February that modifies MO 417/2017 of 12 May, where the SII technical standards are regulated, has been published in the Official Gazette of 27th February 2018. A pdf. Version can be downloaded at the site https://www.boe.es/boe/dias/2018/02/27/pdfs/BOE-A-2018-2690.pdf

 

As a result, a new Appendix I that substitutes the already existing at the MO 417/2017 is approved.

 

The new version (SII 1.1) will enter into force on the 1st July 2018. However, according to the news section at the Spanish tax Agency portal, the same will be operational for testing from the 3rd of May. The technical information of this new version can be downloaded at the SII site in the said portal.

 

The main changes, as we anticipated in our former comments, are the following:

 

 ·         Companies that succeed in their activity to other companies after a re-structuring process must add the name and tax identification number (NIF) of the succeeded company to the registers related to the activity that is taken over (all SII record books).

 

·      A new invoice code is added in the Received Invoices Record Book, called "LC" (“Customs – Complementary settlement"). Only applies for additional VAT assessments resulting from DUA’s tax inspections. Normal DUAS are not affected.

 

·           A new field associated to each of the different existing codes that identify the type of exemption is created for the Issued Invoices Record Book in order to identify the portion of taxable base that correspond to the same.

 

·           An identification field with two possible values (S/N) is added for the Issued Invoices Record Book within the following invoice codes:

 

-           Within the code specific for complete invoices (F1), those simplified "qualified" invoices where the recipient is identified in accordance with sections 2 and 3 of article 7 of the RD 1619/2012.

 

-       Within the code specific for simplified invoices (F2), those complete invoices for which to identification of the recipient is not mandatory as foreseen in article 6.1.d) of the RD 1619/2012 (for example, a non-established business that carries out online sales).

  

·        An identification field with two possible values (S/N, with default value N) is added for all Record Books, so to identify registers declared late due to the uncertainty as to the company being eligible to the SII obligations (as may happen for the interim period when the company was actually eligible for the SII obligations but the same was not aware of such a circumstance due to not having been notified by the authorities of its change of status). This situation may occur when the company becomes a big company (exceeds the threshold of 6 million Euros turnover for the previous year) or applies for registration at the Register of Monthly Refunds.

 

·        An identification field is added for all Record Books, with two possible values (S/N) so to identify invoices over 100,000 Euros.

 

·         An additional second provision is added to the MO 417/2017 so to regulate the data that is to be provided by those taxpayers coming within the scope of the SII during the course of the fiscal year, who must also send the records corresponding to the portion of the year previous to their being included in the system (similar to what happened with the first semester of 2017 for companies obliged by the SII since 1st July this year). This obligation must be complied with up to the 31st December of this year. The register affected must be assigned the special transaction code nº 16 (“First semester 2017 and other invoices prior to inclusion in the SII”). All Record Books are affected.

 

·            An identification field is added to invoices issued by third parties in accordance with the provisions of additional disposition 3rd and 6th of Royal Decree 1619/2012 (special self-invoicing provisions affecting the gas sector) for their registration at the Issued Invoices Record Book.

 

·       A new code of collection / payment method is added for operations under or affected by the special VAT cash accounting scheme to identify collections and payments carried out via direct debit orders. The Issued Invoices and Received Invoices Record Books are affected.

 

·             An additional field of free content is added for all Register Records, called “external reference”, for adding internal information of the company associated to the record of the invoice.

 

·            When an invoice refers to more than 15 immovable properties, a specific XML will be sent with the remaining details of the properties exceeding this number (It refers to the leasing of immovable property no subject to withholding tax when there are more than 15 immovable properties rented).

 

·           Two new communication types are added (A5/A6) so to report invoices related to the travellers regime at the Issued Invoices Record Book.

 

·        Some labels are renamed to offer greater clarity and legal accuracy in names: settlement period, invoicing by third parties or by the recipient and amount of property transmission subject to VAT.

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

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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