On January 21, the BOE published the Guidelines of the Tax Control Plan of the Tax Agency for 2020, which includes the main lines of action to prevent and combat fraud to be carried out by the Tax Administration.
This Tax Control Plan, in addition to reinforcing the actions developed in previous years, incorporates new areas of action. Below, we briefly point out the most relevant new actions:
Within the activities planned for the group of multinational companies and large enterprises, in addition to preventive actions, control actions will focus especially on: compliance with documentation and information obligations in the area of transfer pricing; valuation of intra-group transfers of assets; especially intangibles; verification of negative tax bases declared; correct application of the group system in VAT; or on the possible existence of permanent establishments.
Professional societies and/or intermediary societies
As in previous years, the tax authorities will continue with the inspection plan for possible interposed companies, carrying out a joint company analysis when it is a question of companies with a high personal or family component with the aim of subjecting taxpayers with relevant assets to an adequate control. In particular, a priority line of verification is established for companies lacking a real productive structure.
Checking negative tax bases in the IS
In particular on those that are about to turn 10 years old (period for which the right of verification by the Administration is prescribed). In this regard, the Tax Agency has planned a plan to check companies that have repeatedly entered tax losses and deductions pending application in their income tax returns. And also on negative tax bases declared within the tax groups of the IS.
E-commerce and crypto-currency
In line with actions developed in previous years, new studies will be carried out on certain business models, especially those in which information on commercial relations is not entirely available in Spain, as is the case with a significant part of e-commerce. As well as obtaining information on operations carried out with crypto-currencies.
Inactive companies or companies with reduced turnover
Given the high volume of existing companies that are inactive or with low turnover, by 2020 the Tax Agency has planned to increase its actions on this group, combining limited checks and home visits, together with the consolidation of tools for the analysis of information obtained through the SII and the new formats for official personal income tax records.
As regards VAT verification and inspection actions, special attention will be paid to the following operations: preventive control of the Register of Intra-Community Operators (ROI); control of VAT fraud schemes in intra-Community operations; verification of imports of consumer products, textiles and others of Asian origin; control of tax warehouses and warehouses other than customs warehouses; and control of customs fraud on specific products.