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The employers of road haulage companies will analyze today, Tuesday, October 28, if they call mobilizations to demand the Government the full refund of what they paid for the so-called ‘sanitary cent’.
Specifically, the business organizations of the sector will analyze if they finally call protests due to the delay of the Administration in making the refund of what was paid for this tax after the Court of Justice of the EU declared a few months ago that the charge is contrary to Community law.
The hauliers calculate that, under the criteria of the Treasury, the sector would only recover about 2,000 million euros of the total of 13,000 million that the Government collected with the ‘sanitary cent’.
It is a tax on fuels (Tax on Retail Sales of Certain Hydrocarbons, IVMDH) that was applied by thirteen autonomous communities, including Catalonia, from January 1, 2002 until the end of 2012 and whose revenues were intended to finance healthcare.
The ruling establishes that the «sanitary cent» does not comply with the EU directive on Excise Duties, because it does not meet two requirements. The first requirement is that in order for hydrocarbons to be subject to taxes other than those contemplated in the Community Directive, it must be guaranteed that they have one or more specific purposes and secondly, that the same application and accrual criteria are followed as in the rest of the taxes.
In order to prove the amounts paid, invoices must in any case be kept. Thus, all those who keep the invoices with the detail of the liters refueled and the tax accrued have the possibility of requesting a refund from the Tax Authorities. Receipts and credit or debit card statements are not sufficient, the Tax Authorities only accept invoices.
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The road freight carriers will support a strike of «at least» three days from next November 17 if before this date the Ministry of Finance does not resolve to return to the sector the entire amount collected by the ‘sanitary cent’.
After the meeting, practically all the associations of the sector signed a manifesto in which they denounce the «delay» that accumulates the Tax Agency in the process of refunding the amounts collected by the ‘sanitary cent’ since last February the Court of Justice of the EU declared it contrary to Community law.
For this reason, the National Transport Committee indicates that it has agreed that if on November 17 «the Government has not rectified its initial decision and has not ordered the exact compliance of the sentence in its fair terms, it will proceed, without prejudice to other measures, to a stoppage of activity initially set at 72 hours».
The hauliers are calling for mobilizations after learning that the Ministry of Finance will not return the full amounts claimed by the sector of the so-called ‘sanitary cent’, the tax that some communities imposed on fuels to help finance health.
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In order to carry out this procedure, the high court chose eight ‘witness’ appeals, whose sentences would open the procedural path for the thousands of pending cases, which in the meantime would remain in suspense», explained the General Council of the Judiciary at the beginning of December.
Well, in the statement released today by the General Council of the Judiciary, the Supreme Court reports that it has decided to uphold the eight appeals chosen as witnesses of the more than 4,000 presented, many of them by carriers.
The legal fact is particularly relevant, as it opens the door to the Treasury must return to carriers all the amounts unduly collected between 2002 and 2009 and not only between 2010 and 2012, as intended by the ministry that directs -in functions- Cristóbal Montoro.
CETM, for its part, has valued «positively» the news and has expressed its wish that with the decision of the Supreme Court «the damages caused to transport companies are definitively restored and put an end to a situation that we have always considered as completely unfair to our sector».