The information statement on cross-border payments. Model 379
The growth of e-commerce in recent years has been exponential and has made cross-border purchases more widespread.
In this context, with the aim of providing Member States with appropriate instruments for the control of cross-border operations in which, the principle of taxation at destination and the recipient being a final consumer applies, the Directive ( EU ) 2020/284, of the Council, of February 18, 2020 amending Directive 2006/112/ EC , with regard to the introduction of certain requirements for payment service providers, introduces the obligation for payment service providers involved in these operations to maintain detailed records of the associated payments and to communicate them to the different Member States.
The transposition into Spanish law of the content of the previous Directive, the deadline for which is 31 December 2023, has been partially carried out through article 166 quater of Law 37/1992, of 28 December, on Value Added Tax, introduced by article 33 of Law 11/2023, of 8 May, on the transposition of European Union Directives on the accessibility of certain products and services, migration of highly qualified persons, taxation and digitalisation of notarial and registry actions; and which modifies Law 12/2011, of May 27, on civil liability for damage caused by nuclear or radioactive materials, which requires payment service providers whose Member State of origin or host is the Kingdom of Spain to keep sufficiently detailed records of cross-border payments made and their submission to the tax authorities.
The complete transposition of the Directive requires the regulatory development of the records that will be regulated in the Value Added Tax Regulation by modifying it through the Draft Royal Decree, which modifies the Value Added Tax Regulation. , approved by Royal Decree 1624/1992, of December 29, the Regulation of Special Taxes, approved by Royal Decree 1165/1995, of July 7, and the Regulation of mutual agreement procedures in matters of direct taxation, approved by Royal Decree 1794/2008, of November 3.
The text of the aforementioned project, submitted to the public information process on May 29, 2023, proposes the incorporation of a new article 62 ter to the VAT Regulation , which regulates the content of the records of payment service providers and a new article 81 bis to regulate the obligation to submit the declaration relating to records maintained by payment service providers, deadline, form and model.
Finally, it is necessary to refer to the draft order for the approval of model 379 "Information declaration on cross-border payments", currently in process, which will make it possible to comply with the obligation to provide information by payment service providers described in the previous paragraphs.