Law 29/2012, of 18 October, of the law 11/2012, of 21 June, general indirect tax since the General Council in its session of October 18th, 2012 has approved the following: Law 29/2012, of 18 October, of the law 11/2012, of 21 June, the tax indirect general preamble the approval of law 11/2012 , June 21, of the indirect tax represents an important milestone in the process of tax reform in which it is immersed in the Principality of Andorra, and it has a very important significance both in their internal economy as in their international relations. However, since it was passed it has detected some technical deficiencies that should be addressed in order to ensure a correct and efficient functioning in the tribute.
In addition to these changes, this Bill to amend the law 11/2012, of 21 June, general indirect tax introduced two significant changes.
The first change should be allowed to, regulations, can determine to what operations you can carry out the transfer of the tax without specifying separately the repercutida share of the tax base. This change simplifies the transfer of the tax in certain operations as long as the delivery of goods or the provision of services is made at final consumers who are not entrepreneurs and professionals.
The second major change, which can have a significant economic impact, establishes the possibility of deduction of the tax indirect goods (IMI) and the tax on economic activities (IAC) supported in relation to the stock that is in their possession at the date of entry into force of the tax. The introduction of this amendment aims to improve the neutrality of the tax at the time that they enter into force.
This law is made up of 9 articles and a final provision.
Article 1 modifies the second paragraph of article 55 of the law 11/2012, of 21 June, general indirect tax, which is worded as follows: "2. The transfer of the tax will have to be made by means of an invoice or a substitute document, under the conditions and the requirements established by the regulations.
For this purpose, the repercutida is left-luggage office separately from the base of taxation, even in cases of fixed prices for administrative purposes, with an indication of the type of burden.
Excepts the provisions of the preceding paragraphs of this section to the operations to be determined by the regulations. "
Article 2 modifies the first paragraph of article 59 of law 11/2012, of 21 June, general indirect tax, which is worded as follows: "The lowest rate is at 0% and applies only to the following operations:" Article 3 modifies the second paragraph of section 4 of the article 59 of the law 11/2012 , June 21, of the indirect tax, which is worded as follows: "The lowest type extends to services directly related to the services described above, made by the same companies that provide educational or educational services mentioned or by entities or non-lucrative associations."
Article 4 modifies the paragraph 3 of article 70 of the law 11/2012, of 21 June, general indirect tax, which is worded as follows: "3. The entrepreneurs or professionals who do not have the right to repayment of the tax in accordance with the provisions of the second paragraph of article 73 have the right to a refund of the balance in their favor following the general procedure of refund applicable to employers or to established professionals in the field divisions of the tax. "
Article 5 modifies the terms of paragraph 2 of article 74 of the law 11/2012, of 21 June, general indirect tax, which is worded as follows: "2. The compulsory tax law you wish to host this scheme you must apply to the Ministry in charge of Finance before the end of the previous year in which must take effect. Once you have opted for the regime, it should be kept during a minimum period of three years, and to request its termination there needs to be give up communicating it to the Ministry in charge of Finance before the end of the previous year in which must take effect.
In the case of new entrepreneurs or newly created entities, the choice of foster care in this scheme must be made during the month following the beginning of activities. "
Article 6 modifies the paragraph 1 of article 75 of law 11/2012, of 21 June, general indirect tax, which is worded as follows: "1. The determination of the settlement fee is calculated by the difference between the sum of the repercutides shares in the period of settlement and the percentages of the estimatius supported quotas indicated below Depending on the type of economic activity, applied to the amount of the income. The figure does not include the income from the transfer of fixed assets used in the activity. "
Article 7 modifies the first paragraph of article 80 of the law 11/2012, of 21 June, general indirect tax, which is worded as follows: "The public jurymen communicate to the Ministry in charge of finance the granting of any act or contract that involves a transfer of real estate property or the establishment or transfer of rights where necessary as long as the transmitent is considered to be a businessman or professional for the purposes of this tax. The transmitent must prove their status as professional or employer for the purposes of this tax by means of a certificate issued by the Ministry in charge of finances or the last statement settlement of the indirect tax or that stipulated regulations. "
Article 8 modifies the title of the transitional provision of law 11/2012, of 21 June, general indirect tax, which happens to be the following: "first transitional provision" Article 9 is a new transitional provision adds to law 11/2012, of 21 June, general indirect tax, with the following wording: "second transitional provision first. Are taxable in the indirect tax can deduct the indirect goods tax (IMI) and the indirect tax on commercial activities (IAC) supported as long as the stock meet the following requirements: i. that have been acquired or imported after December 31, 2009.
II. Which have not been the object of delivery prior to the date of entry into force of this law.
III. They are in the same State in which they have been imported, without prejudice to the usual manipulations aimed at guaranteeing their conservation, improve the presentation or the mercantile quality or prepare them for distribution or resale.
A second. This deduction is subject to the filing of the Ministry in charge of finance, within a period of two months from the date of entry into force of this law, the following information: a) inventory of the stocks, which should include: 1. The description of the good.
2. The value of the acquisition.
3. The date of acquisition.
4. The vendor and the invoice number.
5. Proof of the deposit accounts of the registry of companies of the corresponding financial statements the years 2010 and 2011.
In the case of importers of goods, in addition to the above information: 6. Amount of the IMI and IMI and the IAC satisfied.
7. date and number of the import declaration.
b) entrepreneurs, as corporations or limited liability corporation, which have a total annual figure of income below 150,000 euros, and in accordance with supplementary provision of the revised text of the law 30/2007, of December 20, the accounting for entrepreneurs, have presented a document certifying statement on his annual revenue total figure and, therefore, have been excluded from the obligation to deposit accounts, must attach a copy of the annual accounts of the exercises, 2010 and 2011, if you have had activity in these exercises, to obtain the deduction provided for in this article.
Employers, both legal entities and natural persons, who have started their activities during the financial year 2012, also have the right to benefit from the deduction provided for in this article.
Third party. In the case of importers of goods and for the imported stock, are taxable have a tax credit for an amount equivalent to the tax supported, up to a maximum limit of 4.5% on the basis of taxation.
The fourth. In the case of the stock acquired in the internal market, the taxable earned a tax credit corresponding to the amount resulting from multiplying the percentage of the tax is supported by the good imported by 80% of the value of the acquisition of the related goods, up to a maximum limit of 4.5%.
The fifth. The tax credit from the application of this transitional provision is non-refundable but has character of deductible the payment provided for in the first paragraph of article 78. The credit mentioned have a deduction that ends on 31 December 2014.
The sixth. The inventories provided for in this provision are considered self-assessment, and accordingly, there shall apply the provisions of Chapter 13 of the law of the tax.
The seventh. Regulations should establish the procedures and application forms of the tax credit referred to in this provision transitory. "
Final provision this law enters into force on January 1, 2013.
Casa de la Vall, 18 October 2012 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra