The Government launches against the fraud in hydrocarbons that exceeds 2,000 million eurosaccording to estimates by the Association of Petroleum Operators. Through a battery of amendments presented by the PSOE to the bill that regulates a minimum effective rate for multinationals, the Executive proposes increase control of missing tradersbusiness schemes that acquire hydrocarbons in tax warehouses – with a VAT assimilated to imports – and then sell them to distributors, charging the corresponding tax that they then stop paying to the Tax Agency.
According to the PSOE amendments, the proposed measure will consist of asking the owners of tax warehouses and businessmen to extract products who declare VAT monthlywith the aim of knowing operations “almost in real time” to facilitate control.
The amendment also provides modify the regulations to make it clear who is responsible for paying the VAT assimilated to the import and require whoever extracts the fuel to demonstrate that they are an economic operator authorized by customs regulations or have the status of a reliable operator. In addition, you will have to guarantee payment of the tax corresponding to the future sale.
To obtain the consideration of authorized economic operator You will have to demonstrate a minimum volume of withdrawals the previous year, have carried out wholesale operations during the last three years and prove financial solvency, equivalent to 110% of the VAT quotas. As an additional security measure, holders of fiscal deposits are assigned joint and several liability for the payment of the tax debt when they improperly authorize the extraction of the product.
A third amendment reinforces the control of so-called ‘designer fuels’products with characteristics very similar to automotive products that, having some difference in composition, evade hydrocarbon controls and are stored outside authorized establishments for excise tax purposes. Subsequently, these products are sold to service stations or transporters, especially diesel A, with supposed proof of having paid the hydrocarbon tax.
To stop this fraud, the PSOE proposes that the payment of the tax not be accepted as accredited if it has not been entered into the Tax Agency and that the person in possession of the fuel for distribution is considered a taxpayer of the hydrocarbon tax in the event that unauthorized markers are detected or it has been acquired from an unauthorized operator.
A hole that already exceeds 2,000 million euros from 2022
According to AOP from the year 2022, More than 2,000 million euros have been lost in the public coffers due to the action of fraudulent operators who do not pay VAT, distorting the market and harming both society in general, due to the taxes that are not collected, and the operators that comply with the regulations. From AOP they ask that stricter control measures be imposed that allow early detection of fraud, as well as the need to strengthen cooperation between authorities.
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