In recent years there has been a regulatory activity very frantic in Spain that has left us standards published in the OFFICIAL state gazette every day. The area of taxation has not been able to escape from this wave of legislative changes, as this year has been approved and published a law that introduced a lot of novelties in the legal system of this sector.
Specifically, the last on may 25, 2023 was published in the OFFICIAL state Law 13/2023, 24 may, which amends the General Taxation Act, the Law on VAT, the Tax and the Law on Income Tax of Individuals.
Below, we have prepared a collection of the latest and most relevant, but it is worth noting that, following the general trend, they are not by far the only ones that have been introduced to the Law 13/2023.
Modifications to the General Law Tributaria (tax code)?
- One of the main innovations is the creation of a system of correction of autoliquidacions. It creates the figure of theautoliquidació rectificativawhich comes to replace the current system of autoliquidació complementary and request rectification.
- In the field of mutual Assistance, the most outstanding feature is the regulation of the system of the inspections joint.
- It establishes a new obligation to provide information in relation to operators of digital platforms.
- Amends the procedure of checking limited, allowing the bodies of management check the accounting mercantile for the purposes of confirming whether or not with the information held by the tax Administration.
- We introduce a modification in the obligation of information on mechanisms, cross-border tax planning; emphasizing the duty to communicate through intermediaries required in all required tax interested (PF) that this information will be sent to the tax Administration.
- To add the obligation to inform the identification of the actual holders; it includes the transfer of data, with the significance of the tax to the entities responsible of procedures for the award of contracts and grants related to the execution of the Plan of recovery, transformation and resilience.
- Amends the competition in terms of the start of the proceedings of responsibility tax.
Modifications of the Law on Value Added Tax (VAT)
With effect from 1 January 2023, it is established that, in the event of abandonment of the system of deposit is different from the customs, the goods that are the object of Special Taxes, there will be a operation is part of an import and not an import of goods, whatever their origin.
In addition, it excludes, in relation to the rules concerning the place of performance of the services, the application of the so-called “rule of the use of effective” in the financial operations and insurance made between employers and professionals.
Finally, businessmen and professionals who have the headquarters of the economic activity in the Canary Islands, Ceuta or Melilla will be able to take part in the import regulations of e-commerce in the VAT, without the need of having a representative established in the Community.
Other modifications (LIS and LIRPF)
With regard to the income TAX, it increases the amount of the reduction to obtain performance of the work and thresholds of income, change some parameters with regard to the obligation to declare to the tax and to change tax deductions for maternity leave.
In addition, we introduce modifications in the IRNR to improve the transposition of the Directive 2017/1852 in relation to the mechanisms of resolution of litigation tax in the EU.
Finally, in relation to the Tax is include new developments in relation to the deduibilitat financial expenses.
It should be borne in mind that most of these measures entered into force on may 26th, 2023, except for the regulation of the regime of inspections joint, which will enter into force on 1 January 2024. In addition, the obligation to provide information about mechanisms of cross-border tax planning, it is understood that he has already entered into force from 1 January 2023.
