DECENTRALIZATION AND THE FISCAL SYSTEM: A COMPARATIVE STUDY OF EXPERIENCES

The objective of the Taxes and Competition Foundation (Fundación Impuestos y Competitividad) is to study and investigate the tax system with a view to improving and perfecting it, with a particular emphasis on aspects which impact the competitiveness of the Spanish economy. It may appear that an analysis of fiscal decentralization which focuses in particular on the situation at regional or autonomous community level falls outside the scope of this objective, is related more to public financing issues. The fact is, however, that whatever the public finance formula established for the funding...
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PROPOSALS FOR THE FUTURE OF VAT IN SPAIN

Spanish Value Added Tax’s 30-year anniversary is in 2016, having been first applied when Spain joined the then European Economic Community. This celebration is in itself an argument and an opportunity to review Value Added Tax, which has been the subject matter of only two laws in its 30-year life, the primitive Law 30/1985 and the current Law 37/1992, in force for over 23 years. A long time has passed, endorsing the suitability of the review process addressed here. We should recall the enthusiasm with which VAT was received, from a technical perspective, and confirm whether it currently...
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NEW PROJECT: REVIEW OF WEALTH TAX AND INHERITANCE TAX

The tax reform of 2014, for various reasons, did not address the review of wealth tax and inheritance tax despite the heavy criticism of the current regime from both a revenue and a technical viewpoint. The need to revise these taxes in depth was already mentioned in the Report by the Expert Committee for the Reform of the Spanish Tax System published in February 2014 and is on the priority list of almost all the political parties. It is to be expected that, following the general elections scheduled for 20 December 2015, the Government emerging from the elections will look into the need to ...
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Dispute resolution and relational cooperation: improvement aspects for the Reform of the General Tax Act

The foundation Fundación Impuestos y Competitividad values the current General Tax Act reform positively, a priori, for three basic reasons: it is a necessary component of the tax reform; it responds to the need to regulate certain matters not hitherto addressed; and it reflects the intention to tighten legal certainty, reduce litigiousness, prevent tax fraud and increase administrative effectiveness. Despite this positive assessment, Fundación Impuestos y Competitividad considers it to be essential to point out that certain aspects that could have been included are lacking, such as some of...
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Better definition and the clarification of penalties are the keys to the anti-tax evasion measures contained in the General Tax Bill

The fight against tax evasion is causing a proliferation of anti-abuse clauses in international regulations, in the context of the Action Plan on Base Erosion and Profit Shifting (BEPS), led by the OECD, and the measures proposed by the European Commission, the prime objective being to ensure that tax is paid where economic capacity is generated and to avoid cases in which undesired tax advantages are obtained without directly infringing the law. However, if the new measures are not defined clearly and transparently, this could result in an increase in litigation between Public Administrati...
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