taxes

Spain’s National Court, a Madrid-based high court in charge of investigating and ruling on transnational felonies, announced on Tuesday the indictment of FC Barcelona – as a legal person – and its President, Josep Maria Bartomeu, for alleged fiscal fraud regarding Neymar Jr’s transfer and signing for the Catalan club. The judge considers there to be enough evidence to suggest that the Catalan club and Bartomeu could have committed fiscal felony in the tax declarations for the signing of the Brazilian star. Bartomeu will have to testify with his lawyers before the Madrid-based judge on 13 February. FC Barcelona issued a press statement in which it expresses its “surprise, indignation and disagreement”. Furthermore the Catalan club announced that it shall act determinedly to defend its interests and honour.

The Constitutional Court has accepted to debate the Spanish Government's last appeal against the Catalan Executive's tax on bank deposits, which has to be paid by financial entities. Such a decision represents the automatic cancellation of the tax for an initial period of 5 months. Catalonia approved such a measure in December 2012 and two weeks later, the Spanish Government approved its own tax with a 0% rate, so it was 'de facto' cancelling the regional taxes. However, instead of compensating Catalonia for having cancelled the tax – as it is legally obliged to do – the Spanish Government refused to do so, since it argued that the tax had not entered into force yet and took the issue to the Constitutional Court. The Court initially accepted the Spanish Executive's appeal and the tax was temporarily suspended, but in May 2013 it was lifted. In July 2014, the Spanish Government modified the tax with a 0.03% rate and in December it presented a new appeal against the Catalan tax, which brought in some €680 million in 2014.

Following the agreement reached last week between the President of the Catalan Government and leader of the governing centre-right pro-Catalan State coalition CiU, Artur Mas, and the President of the left-wing pro-independence party ERC, Oriol Junqueras, on calling early elections in September as a plebiscite on Catalonia’s independence from Spain, the Catalan Executive’s budget for 2015 is now closer to definitive approval. On Monday, the ERC MPs started to withdraw their full amendments to the different sections of the Catalan Government’s budget. Now, the ERC is asking the CiU and the Government to debate their specific amendments on precise programmes in order to have “a fairer budget” which is less regional and more that of a country in its “national transition”, they said.

The world famous opera singer Montserrat Caballé reached on Tuesday a prejudicial agreement to avoid trial for tax fraud committed in 2010. The Catalan soprano, aged 81, admitted that her fiscal residence was not set in the fiscal haven of Andorra that year and therefore had evaded paying taxes to the Spanish authorities. Caballé, who is considered one of the greatest sopranos ever by both critics and fans alike, accepted the Public Prosecution’s petition of a 6-month jail sentence and a €240,000 fine, which corresponds to almost half of the evaded money. Since the jail sentence is shorter than 2 years and Caballé has no criminal record, she will not have to be imprisoned. The fine is to be added to the €508,000 she already deposited in the spring to compensate the Spanish Tax Agency. On top of this, she will still have to pay €75,000, corresponding to the interest on the money evaded.

The Catalan Government presented on Tuesday its budget proposal for 2015, which has a €22.48 billion spending but only a €19.98 billion revenue. The Catalan Finance Minister, Andreu Mas-Colell, insisted that spending cannot be further reduced since no further budget cuts can be implemented without seriously damaging public services. In fact, the current budget keeps social spending levels of 2014, which represent 71.2% of the new budget. In addition, public employees' full salary will be restored, after it had been lowered for the last 3 years. The 2015 budget posts a 0.7% deficit (€1.44 billion). However, there is a €2.5 billion difference between spending and revenue that should mostly be covered with €2.19 billion from Spanish Government's pending debts. However, Mas-Colell does not rule out being granted a higher deficit target, since the current one is "unfair" and is not in line with the Catalan Government's austerity measures already adopted. Furthermore, the Spanish Government has reduced funds from the regular funding scheme by 10.7% between 2013 and 2015, a €2 billion reduction, despite the economy is recovering. 

On Wednesday the Catalan Parliament passed two important bills. With 74% support, it has approved the Law of External Action and Relations with the EU. Only two parties voted against it, the Spanish nationalist People’s Party (PP) – which runs the Spanish Government – and Ciutadans (C’s). A third party, the alternative left and radical independence party CUP, abstained because it considered that the law was not “ambitious enough”. All the rest supported the bill, which mainly puts in order the existing bodies and mechanisms, although it also creates some new ones, in line with the Catalan Government’s powers in this area, recognized by the Catalan Statute of Autonomy. The other bill is the tax on Internet suppliers, which aims to fund the Catalan audiovisual sector, affected by Internet piracy. No party voted against it. The new tax aims to collect some €20.5 million per year and it is welcomed by the cinema industry, and rejected by the main Internet suppliers.

Josep Lluís Núñez Clemente – aged 83 – and his son – who had been Director of the family company – have been accused of bribing tax inspectors in the 1990s regarding their private business and have entered jail this weekend for a 2 year sentence. Núñez senior chaired FC Barcelona between 1978 and 2000 but his sentence has nothing to do with the famous sports club's activities. After one of the longest judicial processes in Spain's history, Núñez senior and his son were initially convicted in July 2011 with 6 years in prison and a €2 million fine. They were accused of bribing tax inspectors with €1 million in order to avoid paying more than €13 million in taxes between 1991 and 1999, and of forging official documents. However, they appealed the decision and the Spanish Supreme Court reduced their prison time. They filed a last appeal to avoid going to prison but in October 2014 Barcelona's High Court ratified their imprisonment. Considering Núñez senior's age, he could be granted day parole in a few weeks.

On Thursday, Oleguer Pujol, the youngest son of the former Catalan President, Jordi Pujol Soley, was formally indicted for alleged fiscal fraud and money laundering. The Spanish Police and the Public Prosecutor searched his house and several of his companies looking for files regarding real estate operations. This makes Oleguer the third son of the historical leader of conservative Catalan nationalism to be indicted for fiscal offenses. Furthermore, on Wednesday another judge indicted 11 people related to the former President's oldest son, Jordi Pujol Ferrusola – who seems to be at the centre of almost all the investigations. In addition, the judge has requested the freezing of his bank accounts in Andorra, from which he transferred €2.4 million to Mexico just after his father's fiscal fraud confession in July. On top of this, a judge from Liechtenstein is investigating the former Catalan President for alleged money laundering, after requests from the Spanish Police. Jordi Pujol senior has denied having had any bank account in the Alpine country.

40 municipalities in Barcelona's Metropolitan Area, are to half the price of public transport during incidents of high air pollution. This is part of a Catalan Government plan for the improvement of air quality with the goal to fight climate change, affecting 4.3 million people. The main objective of the plan is to reduce emissions of nitrogen oxides (NOx) and of particle matter less than 10 microns in diameter (PM10). The plan also includes the promotion of rail travel and increasing highway tolls and the fares of municipal parking within these areas by 25% on polluted days. In addition, there will be tax breaks for those industries achieving lower emissions. The measures are aimed at the mobility of people and goods, industrial activity, and citizens’ habits.

This July, Barcelona El Prat Airport broke a new record by surpassing 4 million passengers in one month. 4,027,585 travellers passed through the main Catalan airport last month, an increase of 4.9% from July 2013. This makes Barcelona's airport the second busiest in Spain, only just beaten by Madrid Barajas Airport, which registered 37,831 passengers more than El Prat this month, a total of 4,065,416. There has also been good news from Girona Costa Brava Airport, which reported a 5.5% growth in aeroplane capacity utilisation this year, despite the falling passengers numbers overall. The amount of airport passengers in Spain as a whole has now increased for the 9^th consecutive month and represents a 4% rise from this time last year. 

The Spanish Finance Minister, Cristóbal Montoro, announced on Friday that the publication of the so-called fiscal balances will be delayed until June, after he had promised to issue them by last December and by the current month of March. Montoro changed the calculation method in January, as the figures were used to support Catalonia's independence from Spain. Now, the new delay is "to improve" the report. This document shows how much money Catalan citizens and companies pay to the public authorities and how much returns to them through services, infrastructure and funds. A wide majority of the Catalan society has been complaining for decades that their contribution to finance services, infrastructure and funds in other parts of Spain is too excessive and they have asked for reducing such inter-territorial money transfers. Studies show that Catalans have been paying each year an average of 8% of Catalonia's GDP between 1986 and 2010, which represents 200% of Catalonia's total GDP.

On Wednesday evening the main Catalan small- and medium-sized enterprises association, Pimec, organised a protest conference in which they accused the Spanish and Catalan Governments of politically and financially "discriminating" against them. With the slogan #diguemprou (#wesayenough) 1,400 owners of SMEs and self-employed workers protested against both Governments for not taking SMEs into account and only working for the interests of large corporations. The protest was explicitly backed by 220 guilds and associations, as well as by 9 professional associations and that of self-employed workers. The event issued a manifesto compiling a list of grievances, split into 7 different areas: entrepreneurship; loans and funding; taxation; labour market; energy; training and employment; and internationalisation.

The Catalan Government announced that, if the Spanish Executive finally decides to recentralise Catalonia's own taxes, they will take the issue to the Constitutional Court. The Catalan Finance Minister, Andreu Mas-Colell, stated that, if confirmed, "it would be a very provocative proposal" and "would make totally transparent, if it is not already transparent by now, the recentralising assault and the policy to dismantle the [current] Autonomous Community model". On Thursday an expert committee handed a report to the Spanish Government suggesting 270 measures to completely reform Spain's taxation system. The text states that the Spanish Government will "order" all the taxes, including those of the Autonomous Communities. Regional governments might continue having their own taxes but market unity will be a higher priority and taxes will always be "coordinated" by the Spanish Finance Ministry.

The Catalan Minister for Territory and Sustainability, Santi Vila, who is also in charge of housing policies, presented on Tuesday the draft of a new tax bill on empty flats and houses owned by financial institutions in Catalonia. During a press conference, Vila explained that such a tax is looking to be an “incentive” for banks to make available their 15,000 flats spread across 70 municipalities with “proven demand” for housing, mainly around Barcelona, Tarragona, Lleida and Girona, and which have been empty for more than 2 years without a justified cause. The amount of the tax will be based on the total number of square meters owned by the banks and will include significant accumulative bonuses if the institutions decide to rent their properties, notably for social housing. The Catalan Government estimates that banks own around 40,000 empty flats, including in areas with housing demand.

The new Tax Administration of Catalonia (called ‘Tributs de Catalunya’) has been launched on Thursday in a ceremony chaired by Artur Mas, the President of the Catalan Government. Mas highlighted that “all of this is not against the Spanish State” but “an investment for a better Catalonia”. The new body was created from merging the existing Catalan Government’s Tax Agency and the ones of the four Provincial Councils (Barcelona, Girona, Lleida and Tarragona). Its creation was already foreseen in the Catalan Statute of Autonomy approved by the Spanish Parliament and the Catalan people through a binding referendum in 2006. It will start with 53 branches, which will mostly deal with municipal taxes. Gradually it will dispose of up to 200 offices dedicated to ensure Catalonia’s fiscal sufficiency. The project was launched in September 2012, aiming to build “a state structure” that would ultimately be able to collect all the taxes generated in Catalonia if needed.