CIRIEC Nº 69 October 2010

ISBN: 978-84-95003-81-2

Tax Regime of Cooperatives

Condicionantes del régimen de ayudas de Estado en la fiscalidad de cooperativas

Authors: María Pilar Alguacil Marí

Keywords: Cooperativas, fiscalidad, ayudas de Estado, beneficios fiscales.

Econlit Keywords: H320, H230, K340, D630.

Download article View abstract
×

Abstract

The special tax regime for Spanish cooperatives has been called into question by a recent European Commission decision regarding state aid. The decision is one of a series of proceedings and rulings by the European authorities concerning this subject in Italy, France, Norway and Spain. This paper examines the criteria used by the Commission and the Courts to define the presence of elements of the state aid concept in the cooperative tax regimes under scrutiny.

La fiscalidad de las cooperativas sin ánimo de lucro

Authors: Marta Montero Simó

Keywords: Cooperativas sin ánimo de lucro, fiscalidad, entidades sin fines lucrativos, cooperativas de interés social.

Econlit Keywords: L300, L310, K190, K340.

Download article View abstract
×

Abstract

Rather than resembling non-profit organisations, non-profit cooperatives are an option that lies half-way between these and cooperatives and shares features of both. The substantive regulations and tax regime which apply to them present deficiencies and aspects that require study. This article defines the concept of the non-profit cooperative with reference to the legislation regarding cooperatives and examines the consequences of applying the tax treatment set out in Spain’s Law 20/1990. This is followed by a comparative study of the requisites set out in Law 49/2002 that must be satisfied by non-profit organisations, in order to determine the extent to which non-profit cooperatives approach compliance with these requirements.

Presentación del monográfico 'El régimen fiscal de las sociedades cooperativas'

Authors: Marco Antonio Rodrigo Ruiz y Pilar Alguacil Marí

Consideraciones sobre el régimen fiscal de las cooperativas. Problemas actuales y líneas de reforma

Authors: Marco Antonio Rodrigo Ruiz

Keywords: Cooperativas, fiscalidad, beneficios fiscales, ayudas de Estado.

Econlit Keywords: H320, H230, K340, D630.

Download article View abstract
×

Abstract

Law 20/1990, which governs the tax regime for cooperatives in Spain, is in a delicate situation. On the one hand, its technical or adjustment rules need to be adapted and brought up to date in view of the modifications that have been made to all types of law (fiscal, accounting, company) since it was passed. On the other hand, despite the tax relief provisions’ having lost most of their coverage, paradoxically they are being questioned by the European Commission and the European Courts. This paper analyses the deficiencies of this tax regime and its possible reform from a critical viewpoint.

Algunas reflexiones sobre el régimen fiscal de las cooperativas

Authors: José Manuel Tejerizo López

Keywords: Cooperativas, Régimen tributario especial, Unión Europea, Ayudas de Estado, sistema tributario español.

Econlit Keywords: H320, H230, K340, P130, Q130.

Download article View abstract
×

Abstract

The Decision of the Commission of 15 December 2009 appears to have questioned the special tax regime for cooperatives. In view of this, we examine the essential features of this regime. Despite the Decision, we believe that the tax regime for cooperatives is justified in accordance with EU principles and rules, as it is no longer as favourable to the cooperatives as it was in 1990. It should also be remembered that the cooperatives have constraints placed on their actions and that they pursue economic and social policy goals that fully justify the adoption of specific fiscal measures.Finally, the tax advantages of the cooperatives were largely already in existence when Spain joined the Common Market and it is practically impossible for some of them to exceed the de minimis limit established by the EU itself.

Fiscalidad y financiación de las cooperativas: ¿a qué juega la Unión Europea?

Authors: Juan José Hinojosa Torralvo

Keywords: Ayudas de Estado, cooperativas, fiscalidad, financiación, beneficios fiscales.

Econlit Keywords: G300, H220, K330, K340, P130.

Download article View abstract
×

Abstract

Tax policy may be an efficient instrument for promoting and developing the cooperative model. Despite being an improper or indirect instrument, inasmuch as it results in tax savings for the company, this is no hindrance to its adoption. For tax policy measures to be applied effectively, there are obstacles that need to be removed, such as the prohibition of selective state aid in the European Union. However, recent analyses show that if well formulated, these policies are suitable and proportionate to the economic weight and the social dimension of cooperatives and third sector entities (EESC report of 1.10.09 on different type of companies, Report on Development of a Social Economy Promotion Law, Ciriec-Spain, December 2009). Moreover, as well as encouraging their formation and development, such measures can also constitute an efficient mechanism to compensate for the internalisation of social costs. This paper assesses the appropriateness, feasibility and compliance with EU Law of current tax measures and others that could be introduced, particularly the recovery of non deductible input VAT, incentives for innovative investment or compensation for social costs.

La fiscalidad aplicada a cooperativas en Europa y la reforma del régimen fiscal en España

Authors: Agustín Romero Civera

Keywords: Fiscalidad, Cooperativas, Unión Europea.

Econlit Keywords: H320, H230, K340, P130, Q130.

Download article View abstract
×

Abstract

Following European Commission decisions questioning some aspects of the tax treatment of cooperatives in several European countries, including Spain, considering them state aid incompatible with the competition rules, it is imperative to reflect on the changes that will need to be made to the current Spanish tax regime for cooperatives as set out in Law 20/90 of 1990. For this purpose, it will be useful to examine and analyse the tax legislation which is applicable to cooperatives in the different European Union countries. To facilitate this analysis, the different tax regimes have been divided into two groups: Northern Europe, where the norm is to apply only, or mainly, technical adjustments, and Southern Europe, where certain incentives are also added. With this knowledge, it will be easier to analyse which technical adjustments to the tax rules (especially as regards Company Tax) and which incentives seem to be most compatible with the European Commission’s latest decisions, with a view to possible changes in Spanish law.

Perfiles del régimen fiscal italiano de las cooperativas

Authors: Sebastiano Maurizio Messina

Keywords: Cooperativas, fiscalidad, Reforma Vietti, Italia.

Econlit Keywords: H320, H230, K340, P130, Q130.

Download article View abstract
×

Abstract

The social function attributed to cooperatives has always received favourable tax treatment. However, the phenomenon of false cooperatives, which cloak what are properly-speaking lucrative activities in the form of a cooperative, has led the Italian parliament to make substantial modifications to the tax regime for cooperatives.What is known as the Vietti Reform has introduced a distinction between cooperatives that are preponderantly mutual and other types of cooperative. Only the former, which are subjected to strict legal constraints and a more detailed inspection system, may enjoy tax advantages. The difficult task of coordinating this difference between cooperatives with a tax regime that substantially predates the Civil Law reform is left to the interpreter. Following this brief review, the present paper describes the treatment of certain provisions which are normally considered favourable, such as those concerning indivisible reserves and dividends.

La nueva regulación sobre operaciones vinculadas y su incidencia en las cooperativas

Authors: Sofía Arana Landín

Keywords: Operaciones vinculadas, valor de mercado, cooperativas, fiscalidad.

Econlit Keywords: H320, H230, K340, D360.

Download article View abstract
×

Abstract

The new Spanish rule on transfer pricing raises the question as to whether it should be applicable to transactions within cooperatives, and to what extent. In the present paper the author presents her view, distinguishing two types of transactions: those between cooperatives that belong to the same group and those between a cooperative and its members. While Art. 16.3 TRLIS (the Revised Text of the Company Law Act) specifically includes the former within its scope, there is reason to believe that it is not applicable to a cooperative’s transactions with its members, as the new act is general in nature and applicable only in the absence of specific legislation, and the latter situation is addressed by art. 15 of the Cooperative Tax Regime Act (20/1990), which remains in force. Thus, the provisions of the new general law do not apply to this case.

Tratamiento fiscal de la constitución de la Sociedad Cooperativa Europea y el traslado del domicilio social

Authors: María Consuelo Fuster Asencio

Keywords: Sociedad Cooperativa Europea, fusión, traslado, tributación.

Econlit Keywords: K200, M140, P400, Q130.

Download article View abstract
×

Abstract

Taxation can be an important factor in deciding in which country to set up an SCE. Hence, the various directives that have been approved seek to remove the tax obstacles that hinder growth strategies, ensuring the fiscal neutrality of corporate mergers. The aim of setting up an SCE through a merger is to facilitate the growth of the cooperatives that are merging, not to pursue tax benefits, hence the establishment of tax neutrality for this special tax regime. This principle of fiscal neutrality underlies the taxation of reorganizations among European Union companies and also applies to the transfer of the registered office.

Las aportaciones obligatorias al capital social en la reforma contable cooperativa

Authors: Mª José Cabaleiro Casal, Silvia Ruiz Blanco y Belén Fernández-Feijóo Souto

Keywords: Instrumento financiero, sociedad cooperativa, NIC32, patrimonio neto, empresa de participación.

Econlit Keywords: P130, M410, K290, G320.

Download article View abstract
×

Abstract

The accounting rules for cooperative societies are in the process of being adapted, under the guidance of ICAC (Instituto de Contabilidad y Auditoría de Cuentas). One of the most contentious issues is whether financial instruments should be classified as capital resources or debt. Consequently, the basic objective of this paper is to reflect on the interpretation and scope of the application of IAS32 to cooperative societies, specifically as regards compulsory share capital. After a short introduction we focus on a review or state of the art of the more significant literature, continue with the evolution of the accounting standard under study, a review of compulsory share capital in Spanish law and the applicability of the international standard, and end by proposing a contribution to the unfinished debate on the nature of the compulsory capital of cooperative societies and its identification in the accounts.

Las cooperativas de viviendas y su relación inmobiliaria con el ayuntamiento a efectos del IVA

Authors: Marta Moya-Angeler Pérez-Mateos y María José Portillo Navarro

Keywords: Cooperativa de viviendas, ayuntamiento, Impuesto sobre el Valor Añadido, operaciones inmobiliarias.

Econlit Keywords: H250, H710, K340, L330, L740, N640.

Download article View abstract
×

Abstract

In recent years it has become increasingly frequent for property development to be undertaken through a cooperative. In this paper we aim to obtain a closer view of the complexity of existing cases with regard to the fiscal relationship, for Value Added Tax purposes, between housing cooperatives and local councils. After defining cooperatives as taxable persons for VAT purposes, we centre on cases where the relations between the housing cooperative and the local council have Value Added Tax effects. Transactions will or will not be subject to this tax depending on the transaction in question. We then refer to local councils and the internal situations that could arise in relation to VAT in the course of their town planning activities.