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What it is

Bill would reform VAT, excise taxes and Canary Islands taxation

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 1 August 2014. Introduced by: Gobierno.

Official title: Government bill amending Law 37/1992, of December 28, on Value Added Tax, Law 20/1991, of June 7, on the modification of the fiscal aspects of the Canary Islands Special Economic Regime, Law 38/1992, of December 28, on Special Taxes, and Law 16/2013, of October 29, establishing certain measures in environmental taxation and adopting other tax and financial measures.

Source: Congreso de los Diputados, file 121/000111· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would tax telecommunications, television and electronic services in the country where the recipient lives, not where the selling company is based. This would apply from January 1, 2015.
  2. It creates two optional special schemes, called the "régimen de la Unión" and "régimen exterior a la Unión", so foreign companies selling these services register in only one EU country through a one-stop portal instead of registering in each country.
  3. It raises the general VAT rate on medical products from 10 to 21 percent, but keeps the reduced rate for equipment designed for the personal and exclusive use of people with impairments, such as wheelchairs, prostheses and assistive products.
  4. It extends the reverse charge rule to sales of cell phones, game consoles, laptops, digital tablets, silver, platinum and palladium. Under this rule the business buyer, not the seller, declares the VAT, to make fraud harder.
  5. It rewrites the special scheme for travel agencies after a European court ruling: the taxable base becomes the agency's gross margin, and agencies may apply the general scheme when the customer is a business entitled to deduct VAT.
  6. It turns the Electricity Tax into a tax on the supply of electricity for consumption, with a rate of 5.11269632 percent and an 85 percent reduction of the base for electricity-intensive industries and agricultural irrigation.
  7. It adjusts the tax on fluorinated greenhouse gases: it defines "final consumer" and "reseller", adds new exemptions and creates a special scheme for the polyurethane sector.
  8. The planned entry into force is January 1, 2015, with exceptions: some measures from 2014, others from April or July 2014, and those on the non-customs warehousing regime from 2016.

Who it affects

  • People who buy medical products or equipment for people with disabilities.: They generally pay more VAT, except for products for the personal and exclusive use of people with impairments.
  • Consumers of digital, telecom and television services.: VAT is declared in the country where they live.
  • Companies selling electronic, telecom or TV services online.: They can use one-stop special schemes and must file quarterly returns.
  • Electricity companies and large energy-consuming industries.: New rules on when the tax is due, registration, and an 85 percent base reduction for some activities.
  • Businesses buying cell phones, consoles, laptops, tablets or precious metals.: They become the ones who declare the VAT on those purchases.

Words worth knowing

Inversión del sujeto pasivo (reverse charge)
A rule under which the business buyer, not the seller, declares and pays the VAT.
Ventanilla única (one-stop shop)
A web portal where a company declares and pays VAT for all EU countries at once, without registering in each one.
Base imponible (taxable base)
The amount on which the tax is calculated.
Devengo (accrual)
The moment the obligation to pay the tax arises.
Fedatario público (public notary officer)
A person with public faith who certifies facts or acts, such as a notary.

It summarizes the text passed by the Senado. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced1 August 2014Someone registers the text in the Congreso.
  2. Admitted4 August 2014The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments6 August 2014Groups propose changes.
  4. Committee16 September 2014A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate8 October 2014The Senate can pass it, amend it or veto it.
  7. BOE20 November 2014It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Aug 2014Sept 2014Oct 201411. 1 August 2014: Presentación22. 4 August 2014: Comisión de Hacienda y Administraciones Públicas Publicación desde 04/08/2014 hasta 06/08/201433. 4 August 2014: Calificación44. 6 August 2014: Comisión de Hacienda y Administraciones Públicas Enmiendas desde 06/08/2014 hasta 26/09/201455. 16 September 2014: Comisión de Hacienda y Administraciones Públicas Mesa - Calificación desde 16/09/2014 hasta 16/09/201466. 16 September 2014: Comisión de Hacienda y Administraciones Públicas Debate de totalidad desde 16/09/2014 hasta 18/09/201477. 26 September 2014: Comisión de Hacienda y Administraciones Públicas Informe desde 26/09/2014 hasta 02/10/201488. 2 October 2014: Comisión de Hacienda y Administraciones Públicas Aprobación con competencia legislativa plena desde 02/10/2014 hasta 08/10/201499. 8 October 2014: Senado desde 08/10/2014 hasta 13/11/20141010. 13 November 2014: Pleno Enmiendas o veto del Senado desde 13/11/2014 hasta 20/11/20141111. 20 November 2014: Concluido - (Aprobado con modificaciones) desde 20/11/2014 hasta 13/01/2015

20 November 2014

How did the plenary vote?

More votes in favour 188 yes · 104 no · 22 abst.

Voted on: Remaining amendments from the Senate.

This law had 13 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 40 of sitting 227· updated 10 Nov

Each dot is a seat. Tap one, or use the arrow keys, to see who it is.

Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of GC-CiU and Popular en el Congreso. Against, most of Socialista. 5 deputies voted differently from their group.

By province: in 41 most voted in favour; in 2, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 41
  • Against: 2
  • Tie: 9
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
2 in favour · 101 against · 7 did not vote
Vasco (EAJ-PNV)5
4 abst. · 1 did not vote
Mixto18
3 against · 6 abst. · 9 did not vote
GC-CiU16
12 in favour · 4 did not vote
GIP11
7 abst. · 4 did not vote
GUPyD5
5 abst.
Popular en el Congreso185
174 in favour · 11 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.