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Order Hap/685/2014, On 29 April, Which Approves The Model 587 "tax On Fluorinated Greenhouse Gases. Autoliquidación", And Sets The Form And Procedure For Submission.

Original Language Title: Orden HAP/685/2014, de 29 de abril, por la que se aprueba el modelo 587 "Impuesto sobre los gases fluorados de efecto invernadero. Autoliquidación", y se establece la forma y procedimiento para su presentación.

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TEXT

Law 16/2013 of 29 October, establishing certain measures in the field of environmental taxation and adopting other tax and financial measures, introduced into our fiscal system, with effect from On 1 January 2014, the Tax on Fluorinated Greenhouse Gases, a tribute of indirect nature which falls on the consumption of these gases and gravel, in a single phase, the consumption of these gases, taking into account their potential for atmospheric heating.

Article 5.Fifteen (1) and (2) of that Law 16/2013, of 29 October, provides for the management of this new tax a four-month system of self-clearance, with the power of the Minister for Finance and Administration Public for the establishment of the models, deadlines, requirements and conditions of their presentation.

This Order assumes the exercise of the aforementioned rating, configuring the new model 587 " Tax on fluorinated greenhouse gases. Self-validation ".

In line with the policy of impulse to the development of new technologies developed by the Tax Agency and considering that the forced to the presentation of autoliquidations for this tax, for their dedication to a economic activity and its obligation to present other tax declarations derived from the exercise of this activity, can access the precise technological means, the model 587 is configured as an electronic presentation model by Internet. Article 98.4 of Law 58/2003, of 18 December Tax General, empowers the Minister of Finance and Public Administrations to determine the assumptions and conditions in which the tax authorities must submit by means of telematic means. their autoliquidations.

The presentation of the model 587 is part of the general rules established by the Order HAP/2194/2013, of 22 November, which regulates the procedures and general conditions for the presentation of certain autoliquidations and information statements of a tax nature. Thus, the form, procedure and general conditions of presentation of the model are the subject of reference to that Order.

For the proper management of this new tax, it has been considered necessary, just as it happens in the management of the special manufacturing taxes, to create management codes that identify the taxed products, that the autoliquidations can refer to specific products and not necessarily to a generic category that includes multiple products, a question that, besides hindering the fulfillment of the model, would significantly complicate the management of the tax.

The Order also regulates the details of the activity keys of those required to register in the territorial register of the management office. To these effects, it has been added with respect to the key relation listed in the Resolution of 28 January 2014 of the Department of Customs and Excise of the State Administration of Tax Administration a new key that collects a assumed not expressly contemplated in the previous relationship.

In your virtue I have:

Article 1. Model 587 approval.

Model 587, " Tax on Fluorinated Greenhouse Gases, is approved. Self-settlement ", as set out in Annex I to this Order.

Article 2. Required to present model 587.

1. They are required to submit model 587, including for periods where zero quota is to be found, manufacturers, importers, or intra-Community greenhouse gas acquirers and resellers who carry out the sales or deliveries or self-consumption transactions subject to the tax.

2. They are required to submit model 587 for periods in which they have been subject to the condition of taxpayers, in accordance with Article 5. New Law 16/2013 of 29 October laying down certain measures in the field of environmental taxation and adopting other tax and financial measures, employers who are intended to use fluorinated gases Greenhouse gases for uses other than those that generate the right to exemption in the territorial scope of the tax.

Article 3. Submission deadlines for model 587.

1. The presentation of model 587 as well as, where applicable, the income of the tax share in the Treasury, except when the payment is made, will be made by the tax authorities in the following instalments:

(a) Autoliquidation corresponding to the first quarter of the calendar year. Between 1 and 20 of the month of May immediately thereafter.

b) Autoliquidation corresponding to the second quarter of the calendar year. Between 1 and 20 of the month of September immediately thereafter.

(c) Autoliquidation for the third quarter of the calendar year. Between 1 and 20 of the month of January immediately thereafter.

2. When payment is made, the presentation of model 587 shall be made by the tax authorities in the following instalments:

(a) Autoliquidation corresponding to the first quarter of the calendar year. Between 1 and 15 May of the month of May immediately thereafter.

b) Autoliquidation corresponding to the second quarter of the calendar year. Between 1 and 15 of the month of September immediately thereafter.

(c) Autoliquidation for the third quarter of the calendar year. Between 1 and 15 of the month of January immediately thereafter.

Article 4. Shape, procedure and general presentation conditions of model 587.

The presentation of model 587, will be carried out in accordance with the provisions of Articles 2, 3, 6 to 9 and 11 of Order HAP/2194/2013 of 22 November, governing the procedures and general conditions for the presentation of certain self-actions and information statements of a tax nature.

Article 5. Management codes.

For the purposes of the correct completion of model 587, the product management codes subject to the Fluorinated Greenhouse Gases Tax as set out in Annex II of this Order are approved.

Article 6. Activity keys.

For the purposes of Article 5.Quince.3 of Law 16/2013 of 29 October establishing certain measures in the field of environmental taxation and adopting other tax and financial measures, approves the repertoire of the keys to configure the Code of Activity of the Fluorinated Gases (CAF) of the activities subject to the registration requirement in the territorial register of the managing office, which are set out in Annex III of this Order.

Final disposition first. Amendment of Order EHA/2027/2007 of 28 June, for which Royal Decree 939/2005 is partially developed, of 29 July, for which the General Tax Collection Regulation is adopted, in relation to the credit institutions providing the collaboration service in the collection management of the State Tax Administration Agency.

Order EHA/2027/2007 of 28 June, for which Royal Decree 939/2005 is partially developed, of 29 July, for which the General Tax Collection Regulation is adopted, in relation to the credit institutions providing the A collaboration service in the management of the State Tax Administration Agency is amended as follows:

In Annex II "Code 022-Special Autoliquidations", the following model of self-validation is included:

Model code: 587.

Denomination: " Tax on fluorinated greenhouse gases. Self-validation ".

Income period: 1P, 2P, 3P.

Final disposition second. Amendment of Order EHA/1658/2009 of 12 June laying down the procedure and conditions for the payment of certain debts, the management of which is attributed by the State Tax Administration Agency.

Order EHA/1658/2009 of 12 June laying down the procedure and conditions for the payment of certain debts, the management of which is attributed by the State Administration of Tax Administration, is amended as follows:

One. In Annex I, the following model is added:

Relation of models of autoliquidations whose income can be domiciled through the Collaborating Entities of the State Administration of Tax Administration ".

Model code: 587. Name: Tax on fluorinated greenhouse gases. Self-validation.

Two. The following model shall be added in Annex II: General rules for the telematic presentation of autoliquidations with direct debit:

Model code: 587.

Deadline: from day 1 to 15 of the months of May, September, and January.

Final disposition third. Amendment of the HAP/2194/2013 Order of 22 November 2013 regulating the general procedures and conditions for the submission of certain self-financing and information statements of a tax nature.

Order HAP/2194/2013 of 22 November 2013 regulating the general procedures and conditions for the presentation of certain self-financing and information statements of a tax nature modified as follows:

In Article 1.2, the following model is added:

Model 587. Tax on fluorinated greenhouse gases. Self-validation.

Final disposition fourth. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, April 29, 2014.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.

ANNEX I

Electronic format

Imagen: img/disp/2014/106/04625_001.png

Imagen: img/disp/2014/106/04625_002.png

Imagen: img/disp/2014/106/04625_003.png

ANNEX II

Product management codes subject to tax on fluorinated greenhouse gases

2.1

2.1

2.1

S19

T11

3.2

3.2

Epi

Product

Management

I. Prepared

2.1

R-404A

P01

2.1

R-407A

P02

R-407B

P03

2.1

R-407C

P04

2.1

R-407F

P05

2.1

R-410A

P06

2.1

R-410B

R-413A

P08

P09

P09

P09

R-417B

P10

P11

P11

2.1

P12

2.1

R-424A

2.1

2.1

P14

R-427A

R-428A

P16

2.1

R-434A

R-437A

P18

P19

P19

2.1

P20

P20

P20

P21

P21

2.1

P22

R-508B

P22

P23

2.1

PXX

PXX

. Regenerated and recycled

3.1

sulfur Hexafluoride

S01

3.1

HFC-23

S02

3.1

HFC-32

S03

3.1

HFC-41

S04

3.1

HFC-43-10mee

S05

3.1

HFC-125

S06

3.1

S07

3.1

HFC-134a

S09

S09

3.1

HFC-143

3.1

HFC-143a

S11

3.1

HFC-227ea

S12

3.1

S13

S13

3.1

HFC-236ea

S14

3.1

S15

3.1

HFC-245ca

S15

S16

3.1

HFC-245fa

S17

3.1

HFC-365mcf

S19

S19

3.1

Perfluoroethane

Perfluoropropane

S21

3.1

Perfluorobutane

S22

3.1

Perfluoropentane

S23

3.1

Perfluorohexane

S24

3.1

Perfluorocyclobutane

S25

III. Regenerated and recycled

3.2

R-404A

T01

3.2

R-407A

T02

3.2

R-407B

T03

3.2

T04

T04

3.2

T05

3.2

R-410A

T06

3.2

T07

3.2

R-413A

R-410B

3.2

T09

T09

3.2

R-417B

3.2

T11

3.2

R-422D

T12

3.2

R-424A

T13

3.2

R-426A

T14

3.2

T15

R-428A

T15

T16

3.2

T17

R-434A

R-434A

3.2

R-438A

T19

3.2

R-442A

T20

R-507A

T21

3.2

R-508A

T22

3.2

R-508B

T23

3.2

Other Ready

TXX

ANNEX III

Activity Keys

The identifying characters of the activity that the person or entity develops are as follows:

Group I. Contributors:

GF: intra-Community manufacturers, importers and acquirers.

GV: other resellers.

Group II. Non-taxpayer beneficiaries:

GN: beneficiaries exemption by incorporation into new equipment or appliances.

GM: beneficiaries exemption for medicinal products that are presented as aerosols.

GT: beneficiaries exemption by use as raw material in chemical transformation processes or for mixtures of other fluorinated gases.

GI: beneficiaries partial exemption in fixed fire extinguishing systems.

GL: Payees reduced polyurethane types.

GO: beneficiaries exemption for shipping or use outside the territorial scope of tax application

Group III. Other activities:

GG: Waste managers.