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We blog legal and tax information targeted to resident and non resident UE citizens in Spain to help them with these issues and to solve doubt and generate controversy about these matters.

Legislation against debtors in Spain
Thursday, July 29, 2010

 

Since 7th July 2010 is applicable the Law 15/2010. This law modifies the Law 3/2004, which established some measures to try to avoid the increasing number of debtors in arrears in trading.
The Law 3/2004 has not had any success at all due to several circumstances and because of that has been modified to try to obtain better results. The most important innovation introduced by Law 15/2010 is referred to the PERIODS OF PAYMENT between companies and between companies and the Administration (National Administration, Regional Administration and Local Administration).
Regarding payments between companies, the Law 15/2010 establishesa maximum period of 60 days to pay the invoices of the purveyors. This period starts from the day of receipt of the goods or from the day the services are rendered. In order to avoid that a big company takes advantage of a small one, this maximum period of payment cannot be extended by agreement of the parties. All the clauses in a contract establishing a longer period of payment are null and void.
This maximum period of payment will come into effect from 1st January 2013. Since then we have this transitional period:
-          From 07/07/2010 until 31/12/2011 the maximum period of payment is 85 days.
-          From 01/01/2012 until 31/12/2012 the maximum period of payment is 75 days.
Important: for perishable goods (for example food), from 7th July 2010 it is established a maximum period of payment of 30 days, since the goods are delivered.
Purveyors must send the invoice or equivalent document to the clients in 30 days following the receipt of the goods or the provision of the services.
Serveco Asesores
Salvador Manzano Valverde


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Comments about the increase of Spanish VAT
Thursday, July 8, 2010

 

As it is already known, on July 1 took effect the increase of two of the three rates that have the VAT tax in Spain. Specifically, the standard rate of 16% is 18% and the reduce of 7% goes up to 8%. The super-reduced rate of 4% remains as it is.
 
But given the complexity of the levying of VAT rules and the existence of operations that can be rectified by negative invoices to be made after July 1 we will give some guidelines in order to know how to react to this legislative change, as already indicated, is more complex than simply raise the tax 2 points. For the purposes of easier understanding we will use specific examples.
 
Advance payments to suppliers and subsequent delivery of the goods
 
 
Let us illustrate with the purchase of a car and two assumptions
 
Assumption a): I have clear the specific car that I want to buy:
In this case if we have made an advance payment of 90% of the car, the  car dealer applies the 16% for being a down payment made in advance and when I get the car deliver on July 15, the car dealer only will tax 18% on 10% of the price that I have to pay, without having to correct upwards 16% of VAT paid in advance
 
Assumption b): I have not clear which model is the one I want:
In this case when I make a prepayment on account of a generic list of products from which I can freely choose what I want, then I'm not in the same situation as if a) and the tax rate paid to 16% when I made the advance payment, will need to be correct to 18% when I finally get delivered the car that I finally decided, since it is understood that in such situations is not really an advance payment. It is also a way to avoid fraud and cunning.
 
VAT rate to apply in the event of subsequent rectification of the tax base for whatever reason
 
We have agreed that the VAT is levied at a specific time and that the tax rate applicable is the rate at this point in time, when from 1 July to make a rectification of an invoiced which display 16% or 7%, the amendment invoice has to display to the same tax rates that had the bill corrected, although the operation of rectification was made after July 1.
 
VAT rate to apply on the supply and continued operations in time
 
:For example: mobile phone services: As well known mobile bill in July take part of June and part of July. If we followed the general rule for levying the VAT mobile companies should separate calls that were made until June 30 and charge them to 16% and those made from 1 July onwards 18%, but in this type of general supply contracts levyingl rule is set when the obligation to pay arise, so if the invoice is made in July and is due to in July everything will be 18%, even though might be calls made during the month of June.
 
Telephone services using prepaid card, in this case lies chargeability when purchasing the card regardless of when I consume the minutes I bought with the acquisition of the card, that is, if I buy the card on June 25 the VAT  to 16% even though I made the calls for the month of July.
 
 
Serveco Asesores
www.serveco.es
Antonio Robles Jara
 
 
 


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MURCIA AUTONOMOUS COMMUNITY AIDS FOR THE ACQUISITION OF COMPUTERS AND INTERNET CONNECTION FOR WORKERS THROUGH THEIR COMPANIES
Tuesday, July 6, 2010

 

Last June 25th was published the Order regarding the granting of subsidies to workers in the Region of Murcia for the purchase of computer equipment through their companies
 
These subsidies have also a quite generous tax treatment for the worker and the company:
• For the worker the equipment delivered by the company is not considered income from work.
• For companies, the amounts invested in 2010 have a deduction for corporation tax of 5% of amounts invested.
 
 
Beneficiaries.

Employed persons, excluding public employees, scholars and freelancers.
 
Workers should
WWorkes:
• Be resident in the Murcia Region
• Support all or part of the eligible costs.
• To enter into a novation agreement in his employment contract that includes a change in the pay system to replace a portion of the gross fixed monetary compensation for the delivery of a computer.
 
Eligible costs.

Is eligible:
• The acquisition cost of a personal computer with Internet access capability and
• The cost of operating system or other software that must been acquired for use or installation
 
Are not eligible expenses or costs the in periodic dues for Internet connection, or initial installation of th Internet connection
 
Amount of the aid and deadline to apply for it

The maximum amount per employee requesting the aid is of 150 €

The deadline for submitting applications is September 30, 2010
 
Antonio Robles Jara
Serveco Asesores
 


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