Challenges of Tax Legislation in Spain
One day after Congress approved part of the tax reform that the government has been improvising through amendments, the General Council of Economists criticized this way of legislating on tax matters. The president of the organization, Valentí Pich, expressed his concern on Friday about the growing practice of introducing significant tax changes through legislative amendments instead of more rigorous procedures, as has happened with the transposition of the European directive imposing a minimum tax rate on multinational corporations. According to Pich, this legislative approach, reminiscent of old accompanying laws, may be supported by the Constitutional Court but raises serious doubts in terms of legislative technique and forces taxpayers to bear unforeseen tax burdens, directly impacting compliance.
Need for Stability in the Spanish Tax System
During a conference dedicated to analyzing factors impacting tax fraud, economists emphasized the need to provide greater stability to the Spanish tax system. They pointed out that constant changes in regulations not only create confusion among taxpayers but also have negative effects on both national and foreign investment. This uncertainty discourages long-term projects, undermining the country’s competitiveness. Additionally, it incentivizes non-compliance and fraud. Therefore, they argued that everything should revolve around strengthening legal certainty, rather than undermining it.
- Consistent administrative criteria are essential for clarity and permanence.
- Lack of current consistency in regulatory interpretation fuels disputes and unfair practices.
- Respecting the principle of legal certainty is crucial to avoid unexpected tax burdens.
Experts such as Manuel de Vicente-Tutor, a former State Tax Inspector and Managing Partner at Equipo Económico, and Bernardo Soto, Head of the Tax Department at the Spanish Confederation of Business Organizations (CEOE), cited examples of retroactive extraordinary taxes on banks, energy companies, and high net worth individuals. These levies, initially approved retroactively by the government, are now being prolonged, potentially affecting the fiscal year 2024 incomes as well.
The tax experts also mentioned the reversal of changes made to the corporate tax by the previous minister under the PP government, Cristóbal Montoro, which was recently validated by Congress. This move aims to safeguard revenue by rectifying previous reforms imposed through decrees.
Point-Based System for Tax Compliance
Besides promoting legal certainty, economists proposed various measures to combat tax fraud. One such proposal is to consider implementing a point-based system for tax compliance as a pilot program. This system, similar to a “driving license points system,” could encourage voluntary compliance by recognizing good taxpayer behavior. According to Soto, this approach would be more effective than publicly naming non-compliant individuals, as currently done by the tax authorities.
The economists suggested shifting from a substantially punitive approach to tax non-compliance to a preventive and early intervention strategy, whether or not it involves fraud.
Conclusion
In conclusion, the Spanish tax system faces challenges due to frequent legislative changes and retroactive tax measures. Ensuring legal certainty, clarity in administrative criteria, and a transitional period for tax reforms are crucial to promoting compliance and investment. Implementing innovative strategies like a point-based compliance system could further enhance tax compliance and reduce fraud.
FAQs
What are the key concerns raised by the General Council of Economists regarding tax legislation in Spain?
The General Council of Economists is concerned about the growing trend of introducing significant tax changes through legislative amendments, leading to uncertainty, non-compliance, and negative impacts on investment.
How can Spain improve tax compliance and combat fraud?
Spain can enhance tax compliance by ensuring legal certainty, clarity in administrative criteria, and implementing preventive measures like a point-based compliance system to encourage voluntary compliance.