Moncloa intends to promote one of the measures agreed by PSOE and Podemos in the business creation and growth bill, so the government will create annual black list identify companies that do not comply with the legal deadlines set by the Arrears Act, including those that a record 600,000 euros of unpaid bills outside the legal deadline and that during the previous year their payments to suppliers after the deadline exceeded 10% of the total. Formations of the Government agreed to promote sanctions against companies who enter into an agreement with the Administration and do not comply with this law up to 50% of agreements.
In addition, according to an amendment to which Europa Press had access, groups in the coalition government intend to expand the capabilities of the new State Observatory of Offenses, its creation is expected in the first six months after the adoption of the law, so that it can “bring colors” to large companies who do not comply with the statutory deadlines. The annual list will include those companies that, as at 31 December of the previous year, have a total amount of unpaid invoices during the statutory period of more than 600,000 euros, and those whose percentage of invoices paid during the previous year exceeds 10%.
The list includes companies that can’t file a claim and reduced income, that is, those that meet two of these three conditions: have more than 4 million euros, a turnover of more than 8 million and more than 50 employees.
Company details and amount not paid within the statutory deadline
The list will include the business name of the company, its taxpayer identification number and amounts not paid within the time limits established by law. Other additional information, such as the procedure for informing and reporting to victims, as well as the permanence of the publication of the list, remains due to the subsequent development of the regulation.
In their justification, the PSOE and United We Can argue that “acts of this type would not ‘a priori’ violate data protection regulations because only applies to legal entities. to which the protection of personal data does not apply. In this sense, they argue that data protection provisions protect individuals and non-legal persons, therefore, they point out, the self-employed are excluded from the list of this type of defaulter, since they are considered natural persons.
Amendments to cessation of offenses
This blacklist adds to another set of measures by which the PSOE and United We Can strive to strengthen the fight against crimesuch as imposing sanctions on companies that have entered into public contracts with arrears with their suppliers, the obligation to disclose on their website and in annual reports the total and relative amount of invoices paid after the due date.
In addition, with their amendments, they also want that in order to receive a subsidy, a company must prove that the costs of the subsidy for its business activities were paid on timeprevent one company from forcing another to use an e-billing platform to submit their invoices, or that the date an invoice is received cannot be interpreted as the start date of a payment period, except as required by law. The purpose of this paragraph, put forward by the partners of the Government, is to prevent payment terms can be falsified at the beginning of the settlement with the receipt of an invoice, and not with the delivery of goods or the provision of services, as specified in the Law.
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