This Tuesday, in the first round, the Council of Ministers approved the draft law allowing the full transposition of the European directive on guaranteeing a global minimum taxation level of 15% in Tax. About Communities for groups multinational companies and major national groups.
This measure, which will now start the process of public information and mandatory bodies, follows the recommendations. BEPS program ‘2. It is formulated in the section called ‘column’ Adopted by the Organization for Economic Co-operation and Development (OECD) (initiative against base erosion and profit shifting).
In its statement, the Ministry of Finance stated that the aim of this preliminary draft is to adapt EU agreements. international taxation reached in forums and global organizations such as the G20, OECD or EU to combat aggressive tax planning by multinational corporations.
A policy in which the Spanish Government has “pioneered” by creating in 2022 a minimum effective type of Company for large business groups, which makes the department of María Jesús Montero stand out.
For groups billing more than 750 million
In particular, the text approved today aims to establish a global minimum level of taxation for local groups, the so-called multinational groups or large national groups.with net turnover Equals or exceeds €750 million in at least two of the last four immediately preceding financial years, according to the ultimate parent’s consolidated financial statements.
In this way, this figure coincides with the figure required for the presentation of country-by-country information by multinational groups. entered the legal system It already represented a significant advance in Spanish and international tax cooperation in 2015.
some exceptions
In all cases and in accordance with what is established in the above-mentioned directive, the rule provides for the exclusion of various types of entities in the application of this global minimum taxation. This also applies, for example, to public bodies, international organisations, non-profit organizations or pension funds, among others.
The Community directive states that Member States may choose to impose a complementary tax. serious problems for multinational companies or large national groups. resident on its territory and not reaching the minimum tax rate of 15% in the jurisdiction of that Member State.
The tax will be structured in three different ways
Spain will apply the said complementary tax, which has three complementary configurations. On the one hand, the national complementary tax, whose main purpose is to provide guarantees to organizations Components of a large multinational or national group located on Spanish territory that do not reach the minimum tax rate of 15% in Spain reach this rate through this tax. Conversely, if the group’s tax rate is already above 15%, this complementary tax will not affect the group.
Likewise, the Treasury explains that the national complementary tax is compatible with the approved minimum rate of 15% andIn government domestic legislation and came into force in 2022.
The difference is that the national supplementary rate requires a minimum tax of 15% on the adjusted accounting result calculated with the parameters set by the directive and is the same for all countries. On the other hand, the minimum corporate tax rate is determined based on the tax base.
Secondly, the regulations will address a ‘primary supplementary tax’, in which case it will apply when a company has a parent company. multinational group based in Spain Generating income from subsidiaries located abroad that apply tax rates below 15%. When this happens, the complementary tax will come into play.
And finally, a ‘secondary complementary tax’ is also being considered, which acts as a closure system and comes into play when some multinational group companies earn income abroad that is not taxed at 15%.
The difference between primary and secondary tax is that the latter is vested in the parent company and not the parent company. The group’s subsidiaries located in Spain.
After the draft law is approved in the first round of the Council of Ministers today, the text will begin to be processed through advisory bodies before being re-approved by the Government and sent to the Parliament.
Once this process is completed and the standard is finalized, Spain will have “fairer” taxationAccording to the government, it is modern and compatible with international tax policy.