The Government will create an annual ‘black list’ to point out companies that have failed to comply with the legal deadlines established by the Delinquency Lawincluding those that register 600.000 euros in unpaid invoices after the legal deadline and that during the previous year their payments to suppliers after the deadline exceed 10% of the total.
This is one of the measures agreed by the PSOE and United We Can to the draft law on business creation and growth, for which the Government formations have agreed to promote sanctions on companies that contract with the Administration and do not comply with this law until 50% of the contracts.
In addition, according to the amendment to which Europa Press has had access, the groups that make up the coalition government intend to expand the capacities of the new State Observatory of Delinquency – its creation is expected in the first six months after the approval of the law- – so you can’bring out the colors‘ to the large companies that most fail to comply with legal deadlines.
The annual list will include those companies that December 31 of the previous year has a total amount of unpaid invoices within the legal period of more than 600,000 euros and in which the percentage of invoices paid during the previous year in breach of the regulations exceeds 10%.
The list includes companies that cannot present an abbreviated profit and loss account, that is, those that meet two of these three conditions: have more than 4 million euros, a turnover of more than 8 million, and more than 50 employees.
Name, NIF and unpaid amount
The list will include the corporate name of the company, its tax identification number and the unpaid amounts within the periods established by the default regulations. It remains at the expense of a later regulatory development other additional information, such as the information procedure and allegations for those affected as well as the means of permanence of the publication of the list.
In their justification, the PSOE and United We Can defend that “this type of action would not go, ‘a priori’, against data protection regulations since they are only legal entities that are not covered by the protection of personal data”.
In this sense, they argue that the data protection regulations protect natural and non-legal persons, which is why, they point out, the self-employed are excluded from a delinquent list of this type, as they are considered natural persons.
Fight against delinquency
This blacklist joins another battery of measures with which the PSOE and United We Can seek to reinforce the fight against delinquency, such as the application of sanctions to companies awarded public contracts in arrears with their suppliers, the obligation to disclose on its website and annual accounts report the total and relative volume of invoices paid after the deadline.
Likewise, with their amendments they also want that in order to access a subsidy the company must prove that the subsidy expenses of its commercial operations have been paid on time, preventing one company from forcing another to use an electronic invoicing platform for remittance of your invoicesor that the date of receipt of the invoice cannot be understood as the start date of the payment term, except in cases indicated by law.
The objective of this clause, the partners of the Government wield, is to prevent the payment terms from being falsified when starting the calculation with the invoice receipt and not with the delivery of the good or provision of the service, as indicated by the Law.