Mar 11 • 12:01 UTC 🇪🇸 Spain El País

Brussels takes Spain to European justice for failing to transpose the directive that exempts freelancers from VAT

The European Commission is suing Spain for not incorporating two directives related to VAT into its national legislation, including one that allows exemptions for freelancers earning up to 85,000 euros.

The European Commission has decided to take Spain to the Court of Justice of the European Union (CJEU) due to its failure to implement two community directives concerning Value Added Tax (VAT) within the required timeframe. One of these directives would allow member states to exempt freelancers and small businesses with annual revenues up to 85,000 euros from paying VAT. This is intended to alleviate the tax burden on small enterprises, which are crucial for economic growth.

Despite previous warnings, Spain has not made sufficient progress in adopting the necessary measures to comply with these directives, prompting Brussels to seek legal action. The Commission is also pushing for financial penalties on Spain for this ongoing non-compliance. The deadline for member states to adopt these measures was set for December 31, 2024, highlighting the urgency for Spain to align its laws with EU regulations.

This case underscores ongoing tensions between the European Commission and member states regarding compliance with EU law, particularly in areas critical for economic competitiveness. If the CJEU rules against Spain, it could set a precedent encouraging stricter enforcement of compliance with EU directives across the bloc.

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