Learn about the new draft bill against tax fraud
The Council of Ministers has on the table the Draft Law on Measures for the Prevention and Fight against Tax Fraud, which aims to combat new forms of fraud.
Therefore, this legislative initiative proposes a series of measures that affect the following fields:
- Cryptocurrencies: Individuals or companies that carry out transactions with virtual currencies will have to report this to the Tax Agency. Additionally, the holders, authorized users, or beneficiaries will be identified.
- A ban on dual-use software, which allows companies to manipulate their accounting records to conceal some of their financial transactions. This ban will be accompanied by penalties for manufacturers who disregard it.
- Tax amnesties: Similarly, the proposed law aims to prohibit these controversial measures, which are perceived by a large part of the population as an injustice. See also our article on the unconstitutionality of the last amnesty.
- Concept of tax haven: the number of countries on the list of tax havens will be expanded, including those that stand out for their opacity, low taxation or lack of transparency.
- The list of debtors with the AEAT will also include those jointly liable.
- Cash transactions: also as part of the fight against the underground economy, the maximum amount that can be carried out in cash and between businesses will be reduced to 1,000 euros (currently the amount is 2,500 euros).
- It should be noted that the transposition of the European Anti-Tax Avoidance Directive, known as ATAD , is also planned . This should reduce the relocation of profits generated in Spain and ensure that companies that move to another country do not cease to pay taxes on capital gains that should legally remain taxed in Spain (Exit Tax).
- Creation of a Large Wealth Control Unit.
- Improving risk analysis tools by obtaining information from open sources or through Big Data .
If you require our assistance to obtain further information or have any questions, please contact us via our legal email address, ambit@ambitassessor.com, or at our offices.
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A graduate in Law and with a Master's degree in Tax and Financial Management from the University of Barcelona, he also holds a Postgraduate Diploma in New Technologies Law from ESADE. He specializes in tax and corporate law.
Before joining Àmbit Assessor as manager in 1999, he worked as head of the Tax and Accounting department at the Busquets Terradellas law firm.
For years, he combined his work with teaching, serving as a professor of Public Finance and Tax Law at the Open University of Catalonia.
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