Law 11/2021 on measures to prevent and fight tax fraud published in the BOE on July 10, modifies article 7 of Law 7/2012 that regulates the limitations on cash payments for certain operations.
The law establishes that operations, with an amount equal to or greater than 1,000 euros (previously € 2,500) or its equivalent in foreign currency, in which one of the parties acts as an entrepreneur or professional, cannot be paid in cash.
However, the aforementioned amount will be € 10,000 (previously € 15,000) when the payer is a natural person who justifies that he does not have his tax domicile in Spain and is not acting as an entrepreneur or professional.
This limitation will apply to all payments made after the entry into force of the rule (as of July 11, 2021), even if they refer to operations arranged prior to the establishment of the limitation.
Law 11/2021 also modifies the regulation of the sanctioning procedure of the cash payment limitation regime, establishing some specialties.
Among the novelties, we highlight that once the resolution proposal has been notified, the voluntary payment at any time prior to the notification of the final resolution will imply a 50% reduction in the amount of the penalty, and the waiver of making allegations.
The modifications of the sanctioning procedure will be applicable to the procedures that start from July 11, 2021.
However, the new reduction of the penalty for voluntary payment will be applied to the penalties required prior to July 11, provided that they have not been appealed and have not acquired firmness. For these purposes, the competent Administration will rectify those sanctions.
The aforementioned reduction will also be applied, if the following circumstances concur:
a) That, from July 11, 2021 and before January 1, 2022, the interested party certifies to the competent Administration the withdrawal of the appeal filed against the sanction. That accreditation will be made with the withdrawal document that has been presented to the competent body to hear the appeal.
b) That within the period of section 2 of article 62 of the General Tax Law 58/2003, open with the notification that the Administration makes for this purpose after the accreditation of said withdrawal, the payment of the remaining amount of the sanction is made.
We remain at your disposal for any clarification in this regard.