Although for the time being there is no regulatory development (we are all waiting for it), the fact is that this tax poses important problems in terms of its implementation as it triggers the obligation to report a series of data, both in the return that is pending for approval and in the stock ledgers.
It should be noted that from a practical perspective, this tax is a hybrid between VAT and excise duties as it requires the maintenance of a stock ledger based on data totally alien to the fiscal / financial world and that, in many cases have not been registered in the companies’ ERP, such as for example the weight of non- recycled plastic contained in the packaging.
Therefore, the main problem we are facing is the identification of the data to be reported or the obligation to certify the weight of recycled plastic of the containers since, although until January 1st, 2024, it would be possible for the suppliers to provide a responsible declaration regarding the content of recycled plastic, as from 1st January 2024 onwards an official certification will be required.
It is important to note that, when facing such a project, there are a series of questions that allow us to size its scope affecting the purchases and / or sales flows of the containers used for raw materials, intermediate products and / or finished products.
Thus, in the case of purchase flows, the basic questions would be the following:
Belén Palao Bastardés
Partner Director- bln palao abogados, S.L.P.
Pedro Pestana da Silva
Partner Director- MAROSA