Fernando Matesanz: There are foreign firms that will be in Spain for the VAT system immediately

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The classic complaint of Brussels to Spain to raise the VAT on products that are now taxed at reduced rates throws up a paradox: the Commission itself is promoting a future european system with more types and exceptions. A “desarmonización” to the Spanish that is actually done to simplify the tribute of face-to-export-and that will be key to the collaboration of companies and Tax . To this end, the director of Spanish VAT Services Asesores , Fernando Matesanz, will organize in February the first forum on VAT in our country. Voted best tax specialist Spanish for “Acquisitions International”, Matesanz is critical with the System Immediate Information of the VAT (IBS) introduced by the Treasury in 2017 to declare “real-time” to the Treasury of online and that this year has already more than 3,000 million of additional funds raised.

How are you going to change the VAT in the coming years?

It aims to simplify, especially in international operations as now it is quite complicated to manage it in several countries, so many companies that export you choose not to declare it and there is a hole huge lack of revenue. But at the same time wants to give more flexibility to the countries to implement a wide variety of different types, with up to five. In practice, the simplification will not be as great and there may be cases that desarmonización to which we will suppose major barriers for companies that want to operate outside of Spain, or vice versa. Especially when there are numerous changes to companies that sell online, both goods and services. That is the work of our forum, polishing the potential shortcomings of the proposal and to put in touch companies and Administration.

This cooperation may have been missed in the new System Immediately of VAT Information

Yes, IBS has been one of the most ambitious and complicated that have been implemented in Spain in recent years. It is true that most small businesses are not affected -they are obligated to those with a minimum turnover of six million euros – but I think that the Administration has done a quick and hasty. We need a closer cooperation between Administration and companies, not limited to placing time limits on the web, but to make forums, meetings, follow-up… the administrations of other countries do, and perhaps Spain is lagging behind compared to the Uk, Belgium or the Netherlands.

What fault has caused the IBS?

I Am very critical of the IBS. The administration is using this system to question the right of deduction of input VAT by businesses, although it is true that it does not affect the smaller. If the IBS, which declares the company is not 100% correct, that in many cases it is reasonable for it not to be, the Administration questioned right to deduction. This is contrary to the community law. A formal requirement can never violate a law as important as it is the deduction of the VAT. The SII is helping to raise more to the Administration, yes, but in the wrong way because it does not help as it should to the fight against fraud, which was one of its objectives to computerize the tax return. If this continues, Spain may have a problem in the european institutions. It will be within years, because it requires companies to report, but if you have patience you will see recognized their right because the Treasury is in breach of the community law and the Court of Justice of the EU can force to return, without questioning the system of IBS that is legal.

who is affected by this situation?

especially to companies non-residents who are engaged in export and have no infrastructure in Spain to comply with the form so strict that you want to the Administration and they are thinking about operate in another country, which may cause a withdrawal in the investment from abroad. One of the measures that we proposed is that these companies would be excluded from the IBS, but the Treasury did not see it feasible. As you leave Spain for these companies is relatively easy because you do not have a great structure, many prefer instead to invest in order to comply in time and form with the SII, because this expense is very large. Do not pursue companies that comply with, but the ones that do fraud their business. The SII exists in other countries, but it is not as strict as in Spain.