The flexibility affects the procedures already started: the open procedures, whose term will last until April 30, and those that are going to open, which are extended until May 20. The payment of taxes is maintained and only the term for SMEs and the self-employed is extended.
The Royal Decree-law approved yesterday by the Council of Ministers extends the terms of tax procedures for the coronavirus crisis so that taxpayers can meet requirements and make allegations. The flexibilization affects the procedures already started, distinguishing within them the open procedures, whose term will extend until April 30, and those that are going to open, where the taxpayer’s response period will extend until May 20, although the term granted by the general rule will be respected in the event that it is longer. However, if the taxpayer decides not to make use of this term extension and answers earlier, the procedure will be considered completed at that time.
Additionally, from the entry into force of the Decree and until April 30, the enforcement procedure will not proceed to the execution of guarantees that fall on real estate. The same extension of deadlines, which the Tax Agency (AEAT) anticipated on Friday that would occur, will govern to meet requirements, embargo proceedings and make allegations in the different tax procedures. In addition, the deadlines for the payment of tax debts in the voluntary period derived from a liquidation of the Administration and debts in the executive period are extended, as well as the payments derived from deferral and fractionation agreements.
On the other hand, as EXPANSION reported yesterday, the deadlines for submission and entry of self-assessments and the deadlines for submission of informative declarations are not affected by the Decree, a matter that the General Council of Economists-Fiscal Advisers (Reaf) have demanded and the Spanish Association of Tax Advisors (Aedaf).
With regard to self-assessments and informative declarations, it is worth remembering that the VAT declaration of March 30, the 720 model of declaration of goods abroad on March 31, the VAT declaration of April 20, are approaching. installment payments of April Corporation Tax and the Income Campaign. The Treasury does not pronounce at the moment on the possibility that the extension of terms affect the 2019 Income Campaign, which in principle runs between April 1 and June 30, with a face-to-face section from May 13 .
However, the Treasury provides for an aid mechanism for the payment of taxes. Thus, he explains that, given that the Council of Ministers has approved important measures to facilitate liquidity for companies (see information on the previous page), and since the expiration of the declaration period will take place in the coming weeks. income of certain self-assessments, in the event that some companies may have liquidity problems to make the corresponding income, the Tax Agency will adopt the necessary operational measures so that companies with cash flow problems that are going to benefit from the new liquidity can cope with the amounts declared on time and not paid once they access the new liquidity lines.
The Treasury justifies that self-assessments are not postponed in the fact that on March 12, the Council of Ministers already approved an exceptional measure so that SMEs and the self-employed could postpone the payment of taxes for up to six months, with three without interest . This measure has been considered insufficient by companies and prosecutors given the significant volume of companies it does not affect.
From last Friday, SMEs and the self-employed can postpone up to 30,000 euros in tax payments until May 30 for six months, with a grace period of three months. An SME that has to enter VAT on April 20, if it requests deferment it will not pay anything until July 20 and until January 20 it will have a fractionation with interest for late payment.