The Tax Agency submits to public consultation an ambitious regulatory package that hardens tax controls on the fuel sector, one of the historical foci of VAT fraud in Spain. The extraction of gasoline, diesel and biocarbons of fiscal deposits will require reinforced guarantees and payments on account, except for operators with the maximum accredited solvency.
The Ministry of Finance takes another step in the battle against tax fraud in the Hydrocarbons sector, which had exceeded the 2,000 million barrier, with the publication of a prior public consultation on the new control procedure in the delivery of fuels. The measure, which fully affects the gasoline, gasoline and biocarbative value chain, seeks to stop one of the main routes of evasion of the added value tax (VAT), closing the passage to the plots that take advantage of the opacity and the regulatory gaps to compete and avoid thousands of millions of euros in taxes.
The core of the reform lies in a hardening of the guarantees required to those who extract fuels from tax deposits. From now on, fuel extraction can only be made when the corresponding VAT has been previously paid or guaranteed, thus shielding the most vulnerable point of the chain and forcing operators to anticipate or ensure the payment of the tax before the product access the market.
To guarantee this income, the new regulations contemplate several routes. Operators may present a bank guarantee, signed by a financial entity or insurance company, as support for VAT payment. Another option is to make a payment on account through the new 319 model, a fiscal statement created specifically for these operations and that will allow the tax in advance. Only those operators who obtain the official recognition of “reliable operator” or who already hold the condition of “authorized economic operator” in accordance with European regulations will be exempt from constituting individualized guarantees.
One of the great novelties is the creation of the figure of the reliable operator, as well as a specific record where companies that prove an impeccable history and fiscal solvency are registered. Registration in this registry will allow to operate with less administrative charges, without the obligation to present guarantees for each product extraction. In this way, the Administration encourages companies that scrupulously comply with their tax obligations and, at the same time, raise access filters for those agents who try to take advantage of the system to disappoint.
VAT fraud in hydrocarbons constitutes a chronic problem that generates a serious damage to public coffers and distorts competition in the sector. Traditionally, the extractor, that is, the company that withdraws the fuel from the fiscal deposit, became the most vulnerable link to fraud, being responsible for entering an essential part of the tax. Fraudulent plots have historically taken advantage of this weak point to omit VAT payment, artificially reducing prices and displacing legal operators.
The public consultation, which will remain open until May 9, will allow providing suggestions and comments on the standard through the Portal of the Tax Agency. After this period, the Treasury will analyze the proposals and proceed to the final publication of the text in the Official State Gazette, at which time the reform will enter into force.
With this movement, the Government launches an unequivocal message: the fight against fiscal fraud in fuels enters a new stage. The reinforcement of the controls, the requirement of guarantees and the promotion of reliable operators seek to eradicate the evasion bags that for years have weighed collection and competition. Spain gives this fiscal shield in front of one of the main historical foci of tax fraud.
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