“Danger! Spanish porterists operating in this area ». This striking ‘Claim’ appeared published on every page and nothing less than in the ‘Financial Times’ last December. The person in charge? The London office specialized in international litigation Amsterdam & Partners LLC.which started … In this aggressive way a campaign against the Spanish Tax Agency and specifically against what they consider as a persecution against taxpayers received from the famous ‘Beckham Law’, the device devised by the Spanish Treasury to attract digital managers and nomads and turn them into fiscal residents in Spain.
Broadly speaking, the regime offers the advantage of paying a reduced type of 24% in the IRPF For the first 600,000 euros of rent (from there they would go to the marginal that corresponds to them, according to the region in which they reside) and do so only for their income in Spain and not for their world income, all for six exercises, the year that they declare residents in Spain and five more.
What the London firm denounces is that this is nothing more than a lure and that what the Spanish Tax Administration does is attract foreign taxpayers and their families and then “aggressively pursue cases and press the victims to accept disproportionate agreements regardless of justice or legality,” as collected on their website. An accusation that accompany others such as that the Finance Inspectors in Spain receive a part of the sums recovered by their actions or that those affected are forced to pay the total amount that the Treasury claims to appeal, which in purity is not totally true, or that they do not receive any type of penalty for their failed actions, which at least for the purposes of their pluses by productivity does so that it operates thus operates. The fact is that the buffet offers its services to the potential affected in this way: «If you have been exploited under the Beckham law you are not alone. And you have rights ».
The aggressiveness of the campaign caught the attention of the fiscal world a few months ago and generated a lively debate in social networks that remained there … until a few weeks ago, when the office in question announced the celebration of an act in Madrid for May 6, this Tuesday. View the dimension that took the matter in December the Tax Agency wanted to anticipate the event and this Monday has circulated an argument to disassemble the accusations that are formulated both against the ‘Beckham Law’ and against the actions of the Tax Agency by the Office.
From the Tax Agency they consider that accusations poured by the office are as serious as false And they admit that a few weeks ago they already contacted by letter with the law firm expressing their rejection for the injurious accusations that were included in both the advertising of the Financial Times and on the website launched by the office to vehicular complaints by the application of the ‘Beckham Law’ in Spain.
Hacienda says that the regime is not a safe -conduct
The agency of the Ministry of Finance for the management of the tax system and the fight against fiscal fraud recalls that the decision to take advantage of this fiscal regime by taxpayers is that an option, not a salvoconduct to apply it in a discretionary way without any tax control.
From the agency it is emphasized, however, that They do not consider that there has been special control On this tax regime or at least not greater than on other favorable regimes, whose adequate application is reviewed to ensure that they do not hide fraud. And they rely on figures. The data that considers the Spanish hacienda indicate that some 37,000 taxpayers have accepted this special regime and that only 0.5% of them have been subject to verification, just under 200 people.
They also emphasize that from these inspections, 70% have been resolved with agreement or an act signed in accordance with taxpayers, while only a third of the checks would have been subject to claim or appeal, which reduces the universe of affected by litigation around half a hundred people. The sources consulted emphasize that in these cases the taxpayers have had andXactly the same rights and ability to resort to any Spanish taxpayer.
The agency also slides that in the course of these checks Fraudulent behaviors have been detectedsuch as the creation of fictitious societies without real activity or the simulation of work contracts with the sole objective of benefiting from the tax regime, which have been detected and even in some cases have given rise to the presentation of complaints for fiscal crime.
