New Anti-Tax-Fraud Law passed by the Spanish Parliament

Ms. Ana Ortega's picture
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On 10 July the Law 11/2021 for the Prevention of and Fight against Tax Fraud has been published in the State Official Gazette.

This Law is framed under the general objective of adapting the Spanish tax System to the XXI Century challenges and is one of the components of the Recovery, Transformation and Resilience Plan.

Law 11/2021 aims to align the Spanish legislation with the European Directives but also to implement domestic anti-avoidance measures and to tackle the underground economy. In addition, it pursues to reduce tax litigiousity and to promote voluntary compliance.

Among the measures implemented the following must be highlighted:

  • Strengthening of the limitation of cash payments and economic activities from 2,500 € to 1,000 € in domestic operations and from 15,000 € to 10,000 € for non-resident individuals.
  • Publication in the debtors’ list in case that the pending tax debt is higher than 600,000 € (previously, it was 1,000,000 €) and inclusion of joint and several responsibles on it.
  • Update of the concept and list of non-cooperative jurisdictions.
  • Prohibition of electronic sales suppression software and creation of a new penalty in case of breach of the Law.
  • New reporting obligations regarding crypto-currencies.

For further information see the official press release and the text of the Law (both in Spanish):

https://www.hacienda.gob.es/Documentacion/Publico/GabineteMinistro/Notas%20Prensa/2021/S.E.HACIENDA/30-06-21-NP-APROBACION-DEFINITIVA-LEY-ANTIFRAUDE.pdf

https://www.boe.es/eli/es/l/2021/07/09/11/con