It’s the story: the glass half full or half empty. Companies can not say that the Treasury has been quite insensitive to the claim of a corporate tax scheme adapted to economic circumstances. However, the Ministry also know that not all the improvements made in 2009 have effects out of his kitchen, but also in Parliament and in the attempt to pave the road tax has left a large hole covered only half the documentation and sanctioning apparatus of related party transactions.
Beyond the debate opened by the expectation of a more lax regime for intra-group transactions, the 2009 campaign of Companies is marked by the prominence of SMEs and large affected in the shifting waters of the crisis, and therefore, as the main Receiving balm normative and doctrinal adjustments made by Treasury to improve earlier legislation that had stopped on his feet tangled fringes of some companies.
Objective: To avoid layoffs
Two major changes impacting on the current campaign, amortization free and reduced rates for micro-SMEs, agree on the objective to facilitate the preservation of templates.
Freedom of depreciation affects both new items of property, investment property and learned from last year, including acquisitions obtained through leasing, and to increase its capacity to play, outside tables, with the rate of deductibility . For companies with fewer than 25 employees and 5 million euros in turnover, this flexibility is coupled with a five-point cut in the tax rate, which is 20% for first 120 200 euros in turnover and 25 % for the rest.
In both cases the standard requires comparing the evolution of the template with the average of the previous twelve months. Hold time employment is two years for a payback for free and discounted rates. Treasury also allows, in cases of groups of entities, a global computing when recruitment is done from a management company of the group.
Reverse, Half
With permission from the tax for the rich, to date, the prospect of a change in the regime of related party transactions has proven to be the real snake fiscal 2010. After a first amendment to the scheme documentation and sanctioning Zurbano incorporated into the decree, and a second which is expected to take effect in less than a week, SMEs that fail to document related operations have penalties reduced, and if those involved do not exceed the set € 100,000 are exempt from document. Furthermore, it is likely that not all companies have to document linked conducted with the same person or entity that does not exceed 250,000 euros.
Are reductions in the requirements of the Treasury to the companies and their advisers still considered insufficient. In any case, these thresholds are not only important in relation to any inspections, but will affect the same statement. The model 200 requires companies to connect only those linked to exceed € 100,000 individually and in general, need to be documented. Therefore, those companies which are beyond the justification of the market value of its operations as a result of legal and regulatory changes, will also prevent the relationship of such operations in the declaration form.
These policy changes impacting on the current income tax campaign adds another collective affecting lower-case taxpayers of maintaining the deductions related to leasing contracts although the deadline be extended and lower fees.
New print
The declaration of this year is also influenced by changes in interpretation of the tax law, in many cases due to the need to polish the enormous angles created by the entry into force of the new accounting system.
For the agenda of urgency, it should be noted about changes relating to deductibility of goodwill (see V1770 DGT-08), returns for non-payment of goods and sold (V1332-09), remove from contest entities (see 1 Boicac 76) and impairment of shares available for sale (see 6 Boicac 74).
Off the field, accounting, taxation stresses on the criterion of not applying the special tax regime for SMEs to companies who rent properties without an employee and a specific location for it (V0150-10). On a positive for companies, and also in terms of the lease, the Treasury can now apply the local rule and person for cases in which personnel management is concentrated in one company of a group (V0237-10).
Already in the field of international taxation, taxation has agreed that companies can deduct losses from deterioration of the entire chain of holdings, regardless of whether any of them is not resident (V0369-10).
However, growing restrictions on companies who want to escape the thin capitalization rule. According to the Central Economic Administrative Court (resolution of 10.06.1909), this rule that forces the taxation of interests as dividends paid to a non-resident in the European Union when the debt exceeds three times the capital of the debt, also should apply to transactions with companies in the EU, behind them emerges in turn a loan from a community matrix.
