Companies can deduct the debts of the Administration

Companies can deduct the debts of the Administration Cristóbal Montoro, Minister of Finance (LV) Share on Facebook Share on Twitter Share on Whatsapp 0 > 11/20/2015 01:49 | Updated at 11/20/2015 02:55 Related topics

  • VAT
  • IBI
  • IRPF
  • Tax agency
  • European Comission
  • European Union

As the end of the year approaches, companies and citizens adjust their strategies as taxpayers to try to make the most of the current fiscal framework. If you consider the latest developments in the latest reforms of income tax and corporate tax, the fiscalists of the General Council of Economists yesterday released 80 basic recommendations for the closing of the year 2015. Among them, there is the possibility as of this year for companies to deduct in the corporate tax debts pending collection with public administrations.

To request this type of relief, it is essential that the affected company claims the debt through an arbitration or judicial procedure. Tax advisors advise companies to consider as a deductible expense the “deterioration due to the insolvency of a credit owed by a public entity”, if the company “reasonably understands that it will not collect”.

TAX OF COMPANIES

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Another change in the regulations on corporate tax affects the gifts that companies make, for example, to their customers. The prosecutors warn that, just before the Christmas season, we must bear in mind that now the maximum annual amount deductible for “expenses for attention to customers and suppliers” is 1% of the net amount of the turnover of the company. The experts also recommend to the companies that are going to increase their own funds analyze if it suits them to have a capitalization reserve. In the case of doing so, they may reduce up to 10% of the increase in those funds, with a maximum discount limit of 10% of the tax base. In addition, remember that there has been a major change in the figure of civil society-quite common among the self-employed. As of 2106, the partners of this type of company, to exercise an economic activity, go from taxing for income to doing it for corporate tax. Therefore, they advise to evaluate if it suits them to dissolve the entity before the second semester of 2016.

INCOME TAX

The experts in taxation ask taxpayers to keep in mind that it is advantageous to defer until next year, and as far as possible, the taxation of income as dividends, interest or capital gains since the rate will go from 19.5, 21 , 5 and 23.5% this year to 19, 21 and 23% in 2016. Also note the changes in the activities that can be taxed by modules -for example, the autonomous ones dedicated to construction are left out.

INCOMPLETE REFORM

Throughout the tax conferences, which began yesterday, the tax advisers complained that the legislature has ended without a reform that “puts order” in regional and local taxes or environmental taxes. Therefore, they qualified the tax reform as “incomplete”. For the president of the General Council of Economists, Valentí Pich, the proliferation of new taxes in some communities has been revealed as “a waste of time, which has angered everyone, in the end, raising four dollars.” They also regretted that efforts to improve the tax structure have focused on income tax, corporate tax and VAT, leaving out the modernization of wealth taxation, which would affect taxes such as inheritance, inheritance and donations as well as taxes. real estate (IBI).

During his speech at these conferences organized by the Spanish Association of Tax Advisors and Tax Managers, the director of the Tax Agency (AEAT), Santiago Menéndez, highlighted the change that will imply the new obligation for companies with a business volume greater than 6 million euros of starting to take the registration books through the electronic headquarters of the AEAT and, therefore, inform almost immediately of the bills it issues and those it receives. The tax advisors pointed out that this “very important change in relations with taxpayers”, in the words of Menéndez, implies a transformation in the relations between companies with their customers and suppliers.

DISCRIMINATORY TREATMENT

Image result for discriminatory treatmentOn the other hand, the European Commission gave Spain two months yesterday to change the regulations and equal treatment in tax exemptions to Spanish non-profit organizations to those located in other member states. If they do not respond to your request, the Commission threatened to continue with the disciplinary proceedings and file a complaint with the Court of Justice of the European Union.

The EU executive complains, according to Europa Press, that “the same rules do not apply to non-profit foreign entities that obtain comparable income from Spain” established in other EU states, but without a subsidiary in Spain. Brussels clarifies that a Spanish citizen must have the same deduction make a donation to a non-profit Spanish entity or located in another EU country. Likewise, foreign foundations must have the same exemptions for what they collect in Spain than a Spanish organization of this type. In summary, they consider that the regulations are discriminatory and in practice imply “a restriction on the freedom of capital”.