More than two years after the Government approved a new law to prevent and combat tax fraud that aims to put an end to ‘ghost’ companies, the final objective has not been met despite having expressly prohibited public administrators – notaries and registrars – carry out any document with the companies that are paralyzed. This is clear from a study published this Thursday by Iberinform, the subsidiary of Crédito y Caución.
What’s more, currently, almost half of Murcian companies (46%) and 45% of Spanish companies are not really active even if they are registered and, therefore, are considered inactive. Specifically, there are nearly 1,758,000 national companies, which despite appearing in the registries and not having been deregistered, have not published acts or deposited accounts in the official registries in recent years.
And, contrary to the ultimate goal sought by the Government of putting a stop to these ‘ghost’ companies, there has been a 6% drop in the number of companies that have deposited their annual accounts in the Commercial Registry from the historical maximum recorded in 2007. Thus, if 15 years ago 1.18 million companies filed the papers, in 2021 – the last full year – there were 1.11 million, the lowest figure since 2014, according to Iberinform statistics.
Default and closure
Failure to comply with the deposit obligation can entail important consequences for the company, including the provisional closure of the registration page, which prevents the registration of any document in the Commercial Registry except for some exception such as the dismissal or resignation of the directors, the motivation to classify a bankruptcy as guilty, the possibility that both the company itself and its partners or creditors claim from the administrators the damages caused by the non-deposit or the imposition of heavy fines by the Institute of Accounting and Auditing of Accounts (ICAC).
There are important differences between regions. Thus, the Canary Islands stands as the Autonomous Community that has the highest rate of inactivity among its registered active companies (48%), followed by Andalusia (47%), Valencia (46%), Murcia (46%) and Ceuta and Melilla ( Four. Five%). On the contrary, La Rioja (27%) is the community with the lowest percentage of inactivity, just 27%, followed by Navarra (32%), Aragón (34%) and the Basque Country (34%). Castilla y León (35%), Extremadura (36%), Galicia (38%), Cantabria (38%), Balearic Islands (39%), Catalonia (40%), Asturias (41%), Castilla-La Mancha (41 %) and Madrid (43%) are more in the central area of the table.
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