As our readers know, this firm has been addressing the issue of dormant companies for years, a topic often questioned as the appropriate option after the cessation of economic activities. You may find our previous posts interesting:
False myths about inactive societies
The Annual Tax Control Plan and Inactive Companies.
The Resolution of January 21, 2020, from the General Directorate of the State Tax Administration Agency, which approved the general guidelines of the 2020 Annual Tax and Customs Control Plan, already aimed at eradicating inactive companies because they are considered "potentially concealing the true ownership of assets and rights, in Spain or in other jurisdictions, and affect the transparency of our system and the communication of the 'beneficial owner'"
The arrival of Covid-19 in our lives has caused a crisis known to all and suffered to a greater or lesser extent, a crisis that has led to a large number of businesses being forced to close.
This increase in inactive companies reinforces the Administration's view that they are potential sources of fraud and that their existence hinders the proper management of the resources that the Tax Agency allocates to control, forcing it to attend to a much larger group of potential taxpayers than those that actually carry out economic activities.
The consequences for these societies could be:
1.- Revocation of the NIF, which prevents the continuation of the life of the company
2.- The closure of the Commercial Registry page as a sanction resulting from repeated non-compliance with tax obligations, having previously suffered deregistration from the Index of Entities or as a consequence of the revocation of the NIF.
How to avoid it?
There is no foolproof formula or single solution; each case requires a thorough analysis of its specific circumstances. Perhaps it's advisable to regularize your situation, or perhaps you're unaware that the personal use of your company's assets should actually be compensated, and that the tax risks you're unknowingly assuming represent a higher cost than the proper management of those assets. This is just one common example of the range of possible scenarios.
Studying your situation in a timely manner will allow you to properly plan the formula that best suits you before you become immersed in the difficult task of dealing with the Administration and preserving your assets.
Consult a professional for advice. At Àmbit Assessor, we have specialists in the various disciplines that affect your decision.
Do you have any questions about this topic?
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A graduate in Business Administration from the University of Barcelona, she has furthered her training in tax and accounting by attending courses and seminars offered by the EAE Business School, the College of Economists, the Bar Association, and the Terrassa Chamber of Commerce.
She combined her studies with work in the family business and as a substitute in the production audit department of Bimbo SA.
She has spent her professional career at Àmbit Assessor, where she joined in 1991 to support the accounting and tax department, becoming a consultant a few years later.
Since 2000, she has been the managing partner of the company.
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