13.04.2012. DRAFT FISCALESN FIGHTING MEASURES TAX FRAUD.
The Cabinet has approved last April 13 a Draft Fiscal in highlighting the following:
- 1. LIMITATION THE USE OF CASH IN BUSINESS OPERATIONS / BUSINESS
The cash limit quantities less than 2,500 euros.
• Scope:
- Transactions between companies and / or professionals.
- Operations performed by individuals with companies and / or professionals.
- Does not apply to transactions between individuals.
- Does not apply to transactions with credit institutions.
• Limit of 15,000 euros when the payer is an individual not resident.
• Failure of the measure is an administrative offense.
• Violators will be subject both the payer and the payee.
• Exemption from punishment for the subject to voluntarily provides cash payments to the Administration within three months after the payment occurred.
• penalty for failure is established both the payer and the recipient of 25% of the value of the payment made in cash.
- Two. MEASURES ASSOCIATED WITH SPECIAL ADJUSTMENT PROGRAM
It creates a new obligation to report on accounts and values located abroad, using the model to be adopted for this purpose. Failure to comply will result in a separate penalty.
• is declared imprescriptible undeclared income. Discovered that rents have not been declared shall be charged to last fiscal year from the OTC.
• Recall that in income tax income taxation lead to the application of discovered marginal rates, often above 50%, the payment of interest on arrears to four years and enforceability of the relevant tax penalties.
• In many cases the amount of the fee will result disappointed that failure is criminal prosecutor.
- Three. EXCLUSION SCHEME MODULE
• It provides for the exclusion of objective assessment scheme for employers who billed less than 50% of its individual operations.
• This exclusion only operate for entrepreneurs whose turnover last year returns intact exceeds 50,000 euros.
• excludable activities are affected by the withholding of 1%:
Carpentry, hardware manufacturing or carpentry, tailoring, wooden furniture industry, printing text or images, masonry, installation and assembly, liners, locks, plumbing, painting, gypsum and plaster work, transport of goods by road and removal services.
- April. FURTHER MEASURES ENSURING TAX DEBT COLLECTION
• On tax procedures:
- It is anticipated the time when you can take protective measures.
- Until now you could only take action after informing the proposed settlement.
- Adoption is permitted from the time of collection risk is appreciated.
• In criminal tax offense:
- Currently there is paralysis of the administrative bodies as the file is sent to tax crimes, so that they can take protective measures.
- Now allow the SATA adopt precautionary measures. Be notified to the public prosecutor and the competent court and remain until the latter from taking a decision.
- May. EXTENSION OF LIABILITY COMPANY SUCCESSORS
- To avoid the depletion of assets of companies which are to be liquidated, expands responsibility for their successors to perceptions property received prior to the formal liquidation.
- Currently the only responsibility reaches settlement fee receiving partner when society is extinguished.
- June. RESPONSIBLE NEW COURSE OF SUBSIDIARY BY WITHHOLDING OR IMPACT
- The directors of companies to submit declarations reiterated so withholdings or taxes passed on without proceeding to income tax liability will be vicariously liable for payment of the same when it can be established that there is no real intention of paying.
- Reiteration be appreciated regardless of whether sequential or discontinuous behavior.
- It is considered that there has been partial income being income which can not be significant with respect to the debt declared.
- July. PROHIBITION OF BUILDINGS HAVE LOCATED IN COMPANIES
- It enables the tax authorities to agree upon the prohibition to dispose of those properties, belonging to the taxpayer, are located in a society that participates in more than 50%.
- In the process of collection, in addition to seize the shares of the company which holds the taxpayer, it may prevent the transmission of existing buildings in that company.
- This to avoid the fraudulent despatrimonialización produced by the transfer of property flaunted indirectly through a company controlled by the taxpayer.
- August. REVERSE CHARGE IN REAL ESTATE TRANSACTIONS
• It establishes the reverse charge in cases of waives VAT exemption linked to the following real estate transactions:
- Transmission of rural land.
- Second and subsequent sales of buildings.
• Thus, the subject acquirer may only deduct VAT if it proves that you have entered the output VAT.
• It avoids double jeopardy thereby to the Treasury by the lack of income tax by the transferor of the property and the deduction of input VAT by the purchaser thereof.
- 9. DISTINCTION OF CONTRIBUTIONS SUPPORTED BEFORE / AFTER THE ORDER OF COMPETITION
• To facilitate the collection of tax credits arising after the declaration of insolvency (claims against the estate) will be distinguished in VAT transactions taking place before and after auto bankruptcy.
• They present two different self-assessments to reflect the taxes charged separately before and after the declaration of bankruptcy.
• This will limit the deductibility of input VAT before the contest.
- 10. HARDENING OF SANCTIONS FOR RESISTANCE TO INSPECTION
• Harsher penalties imposed for resistance, obstruction or refusal to excuse the inspection activities.
• The sanctions imposed on the taxpayer not to collaborate inspected when not develop economic activities, will be a minimum of $ 1,000 and a maximum of 100,000 euros.
• The sanctions imposed on the taxpayer not to collaborate checked, when developing economic activities, will be a minimum of $ 3,000 and a maximum of 600,000 euros.
• A reduction of 50% of the penalty in the case of correction of behavior.
This information is extracted from the website of the Ministry of Economy, so you have to closely analyze their evolution and finalization.