New deadline for the informative return of inactive companies

The General Directorate of Taxation announced the postponement of the obligation for representatives of inactive companies to file their simplified net worth statement.

Published on

08/08/2022
Blog

At the end of last week, the General Directorate of Taxation announced the postponement of the obligation for the representatives of inactive companies to file their simplified net worth declaration. Since these companies do not carry out business activities of any kind, they are only interested in the declaration of their patrimony.

This is no small thing, and according to the same Tax Directorate, there are many doubts about the value to declare, especially when it comes to real estate. On this matter, it is convenient to remember some aspects, published in this same media, some months ago, when the deadline to declare expired on March 15:

The value to be declared is the value for which the asset was acquired and which appears in the accounting books. It is usual to believe that the municipal appraisal should be used, or that of a bank for example. But we must remember that since this is an informative declaration (it does not cause any tax debt) the value declared does not affect the taxes that may be levied on the eventual sale of the assets.

Assets held in a corporation have a book value and the value in the books of the corporation should be recorded. This value does not affect the value declared for capital gains purposes.

After the March deadline was extended to August we have a new postponement that moves the filing deadline to November 15. The question is why? One can think of several reasons: the restoration of the systems and their changes after the hacking have generated other priorities, the DGT has decided to improve the type of declaration or to clarify what it expects from us. Anyway, we do not know for sure. But one can imagine the following: considering that the DGT is able to receive these declarations, then the question is whether it is able to use the information contained in them, for control purposes. Maybe that is what it is preparing, and it is better for them to receive the information with control criteria and for a purpose. We will see.

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