Tax information: All that applies to its granting to taxpayers

Simplification of its process to promote interoperability of services, is provided in the new Finance Ministry (OIE) bill that is in consultation, among other provisions that frame the cases of granting or withholding. In general, the taxpayer may request evidence of tax information for up to two (2) months in respect of transactions and transactions expressly defined. The Tax Administration provides evidence of information, only if the taxpayer has no liability to the Tax Administration for any reason and has submitted the required tax returns of the last five (5) years. On the contrary, the Tax Administration may not provide evidence of information if the taxpayer has due due dues to another public sector authority (updating obligation) if that authority uses interoperability services to inform the Tax Administration of the existence of due due dues that entail the commitment of information, as well as the settlement of debts, which result in the lifting of the information obligation. Where the taxpayer has joined a debt adjustment programme or has debts not due or suspended, evidence of a limited maturity may be issued, which may not exceed one (1) month. The Tax Administration and following the compliance of the debtor with a settlement plan shall set a mandatory condition of retention where the information document is issued for the collection of money or transfer of property or the creation of an actual right to it by a burdensome cause. The retained amount shall be taken into account for the coverage of a dose or dose according to the debt adjustment programme. In particular for the transfer of property or the creation of a right to property from a burden of liability, the evidence of information shall be issued with a withholding amount of seventy per cent (70%) on the price, provided that the price does not fall below the objective value, and up to the amount of outstanding regulated debts to the Tax Administration. If there are outstanding debts to a suspension of more than EUR 50 000 (50,000), a retention rate of 50 per cent (50%) shall be set on the price, provided that this does not fall short of the objective value, and up to the level of the total suspended debts. If the price falls below the objective value and the amount of the withholding tax calculated on the price, it shall be less than the dues, an evidence of information shall be issued by calculating the amount of deduction on the objective value of the property and provided that the amount of deduction resulting from that calculation does not exceed the price. Where proof of confidentiality is requested for the collection of money or transfer of property and the conditions for granting it are not met, or the conditions for netting are met, it shall be issued by the competent authority for the purpose of the recovery of the debt service, a declaration of debt to the State, which shall be deposited instead of proof of disclosure to the payment service or paying agency or submitted for the transfer of property. On the basis of that attestation, the office which issued the certificate shall assign the amount or product of the price to be collected up to the amount of the debt. In specific cases of safeguarding the State’s serious interests or in cases of economic crime and a large amount of tax evasion, the Governor’s written consent may not provide evidence of information, even if the conditions for granting it are met. In the event of an indivisible transfer of percentages, under a contract whereby the building of a flat-rate building is undertaken, the landlord shall be exempt from the obligation to provide evidence of awareness when transferring percentages on the plot to a third party, provided that the contractor is also involved in the transfer of the contract. In such a case, the information evidence shall be provided by the contractor. Finally, it is also noted that the procedure followed by the public sector authorities to inform the Tax Administration through interoperability, of taxpayers who have due dues to them and all necessary details. Moreover, the acts and transactions for which the presentation of evidence is required, the conditions for granting it, the exemptions from its obligation to produce it, the obligations taken into account for its granting, the tax returns required to be submitted for its adoption, its issuing bodies, its type, its content, its duration, the retention rates when the documentary evidence is issued for the collection of money, in particular issues for the application of the withholding rates, the other persons who may request and receive evidence of confidentiality, and any other details necessary for the provision or retention of the documentary information.