What is the Spanish Association of Tax Consultants and what activity does it carry out?
The entity is already very old. It was founded in 1967 and is the largest association in the sector, as it today brings together more than 3,600 professionals. One characteristic is that we are all graduates specializing in tax matters. In relation to what we do, I can say that for us the defense of taxpayers is essential, and from there we address those issues that violate their rights. The ability to influence parliamentary groups is also very important. Whenever we need to make changes or take a position on any tax legislation that is being developed, we do so.
And do they listen to them?
Sometimes they ask us for meetings or clarifications on their proposals and other times not, but in any case what is clear to us is that the association must be influential and not remain closed in on itself. We can contribute as a civil society and that is what we try to do. Among other things, strengthen the image of tax consultants.
Is the group up to date on digital skills?
This is another of our functions. We accompany all members in the digitalization of offices through artificial intelligence, and I think that another important thing we have in this association is that we work firmly for generational change. We focus a lot on young people.
A conference organized by the Demarcation of Alicante and Albacete was recently held in Benidorm. What issues were discussed?
What we seek in this type of forum is to create spaces in which different legal professionals can debate the issues that are of greatest interest in the tax field at any given moment. Furthermore, for us, contact with the Administration is very important. In this sense, we were fortunate to have the presence of the general director of Taxes and Gaming of the Generalitat, the president of the Regional Economic Administrative Court and the president of the Dispute Chamber of the TSJ of the Valencian Community. As I said, it is essential for us that all these operators come to listen to us and to listen to them too. As regards the topics covered, a very interesting one was how to recover taxes paid and contrary to the Spanish Constitution or European Union law, since sometimes it happens that the bureaucracy and tax legislation are so complex that in the end the taxpayer does not can access these refunds.
Give some examples…
There are several rulings of the Constitutional Court and the Supreme Court regarding municipal capital gains tax, commonly called urban land appreciation tax. However, we believe that the taxpayer will have difficulty recovering the money. The same happened with the tax on hydrocarbons, which is contrary to what was dictated by the European Union. what happens is that it is so difficult to get the refund, that the state ends up withholding it.
What is your opinion on the tax war that seems to have developed between the different autonomous communities?
We also addressed this very topic in the congress, where the general director informed us of the tax reductions that the regional government has applied to the inheritance and gift tax, as well as some deductions that have been implemented in the personal income tax . What I can say is that two years ago we prepared a very exhaustive study, for example on the tax on large fortunes, and we have already stated that the State should not proceed to create this type of tax with the aim of neutralizing the fiscal policies of autonomous communities, which are legal because the law provides for it. We believe it is incompatible with the Constitution and law of the European Union. If the State wants to harmonize, it must modify the Organic Law of Financing of the Autonomous Communities and the rest of the corresponding regulatory blocks, but we believe that there is little use in resorting to legislative modifications as they are suspected of pursuing the damage or advantage of some territories specific at a given time. Because otherwise what we are talking about happens, which fuels the idea that there actually exists a fiscal war between the autonomous communities and between them and the State. On the other hand, we in the association have also been saying for some time that it is urgent to have a debate on the reform of regional finance, but it must be done seriously and with everyone at the table, arriving at important solutions.
Could the tax war end up impacting tax collections?
I believe it is a mistake to assume that reducing taxes necessarily reduces revenue. Some regional taxes have been reduced and, to date, overall tax collection is higher than last year. A policy of reducing taxes and increasing revenues is perfectly possible. AS? Well, attract business. If there is more money in the pockets of taxpayers and businesses, that money goes to consumption and investment. And all this will generate VAT and employment. As an example, inheritance and gift tax can prevent anyone from deciding to make a gift. On the contrary, if you lower a percentage, these types of operations increase and generate more revenue.
The association he presides over has just reported to the EU a section of the Corporation Tax Act. What is the reason?
The section in question refers to the application of the tax regime of the special regime for mergers, divisions, contributions of assets, exchange of securities and change of registered office of a European company or a European cooperative society from one Member State to another of EUROPEAN UNION. The problem is that there is such legal uncertainty that companies are paralyzed and do nothing in these types of operations, with all that this entails.
What does that section they reported do?
It distorts the purpose pursued by a community directive, conditioning the application of the regime or of requirements not foreseen in it, postulating a broad concept of fraud or abuse contrary to the jurisprudence of the Court of Justice. It also prevents companies from knowing in advance whether they are entitled to apply the common tax regime, due to the lack of clear, precise and predictable procedural rules. It also prevents knowing the tax regime that the application of the clause will have. In short, this is Spanish legislation that violates European law and with this complaint what we intend on the part of the Spanish Association of Tax Consultants is to demonstrate our commitment to building a fairer tax system.
Sign up to continue reading
How does the Spanish Association of Tax Consultants engage with lawmakers to influence tax legislation?
Interview with Juan Carretero, President of the Spanish Association of Tax Consultants (AETC)
Time.news Editor (TNE): Juan, thank you for joining us today. Let’s start with the foundation of the Spanish Association of Tax Consultants. Why was it established, and what purpose does it serve?
Juan Carretero (JC): Thank you for having me. The AETC was founded in 1967, making it one of the oldest institutions in our sector. Today, we represent over 3,600 tax professionals who are all specialists in their field. Our primary objective is to defend taxpayer rights and influence tax legislation. We engage actively with parliamentary groups to ensure that any changes consider the rights and needs of taxpayers.
TNE: That’s impressive. How do you gauge the responsiveness of lawmakers to your influence? Do they often include you in discussions?
JC: It can vary. There are times when they invite us for discussions or clarifications, but there are also times when we feel somewhat sidelined. Nevertheless, we believe it’s vital to stay relevant and influential in civil society. We strive to present our insights and enhance the reputation of tax consultants as key players in this dialogue.
TNE: In the digital age, how is the AETC ensuring its members keep up with evolving digital skills?
JC: Digitalization is one of our key focuses. We provide our members with assistance in adopting new technologies, particularly artificial intelligence, to streamline their services. Additionally, we prioritize generational change, nurturing young professionals in the field to equip them with the necessary skills for the future.
TNE: You recently held a conference in Benidorm. Could you share what key topics were discussed there?
JC: Absolutely. The conference served as a platform for various legal professionals to discuss pressing issues in the tax domain. It was crucial to have representatives from the government and administrative bodies present so we could foster a mutual understanding. A highlight discussion involved the recovery of taxes paid in error, especially regarding municipal capital gains tax and the tax on hydrocarbons, which has been deemed contrary to European law.
TNE: It sounds like a fascinating exchange of ideas. Yet, there seems to be complexity in recovering these taxes. What barriers do taxpayers face?
JC: One significant barrier is the bureaucratic and convoluted nature of tax legislation. Even when there are rulings that favor taxpayers, such as those from the Constitutional Court, the process to obtain refunds is often daunting. Many times, people simply give up due to the hassle involved. This is something we aim to address through advocacy and support.
TNE: Shifting gears, there’s been chatter about a so-called tax war among Spain’s autonomous communities. What’s your take on this?
JC: This topic was indeed a crucial part of our recent conference. Certain regional governments have introduced tax cuts for inheritance and gift tax, which has sparked discussions about fiscal competition. We believe that instead of creating new taxes to counteract these reductions, there needs to be a serious debate about regional financing reform. Changes should come from all stakeholders and be aimed at fostering equity, not exacerbating division.
TNE: Could these tax wars potentially impact overall tax collections?
JC: Surprisingly, evidence suggests that reducing taxes doesn’t necessarily lead to reduced revenue. In fact, some regions that have lowered taxes have seen an increase in overall collections. This is because lower taxes can stimulate consumer spending and investment, which in turn generates more revenue through VAT and employment.
TNE: That’s an interesting perspective. It seems there’s a broader dialogue that needs to happen about fiscal policies in Spain.
JC: Absolutely! The key is to engage constructively, involve all sectors, and work towards meaningful solutions. We at AETC are committed to facilitating this dialogue and ensuring that taxpayer rights are at the forefront of our discussions.
TNE: Thank you, Juan, for sharing these insights. It’s clear that the AETC plays an essential role in navigating the complex landscape of taxation in Spain.
JC: Thank you for the opportunity. I hope our conversation sheds light on the important work we do and the challenges we face together as a society.