Circular 6/2014 of the Bank of Spain approving rules for the assessment and payment of the fee for the global assessment of credit institutions

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Circular 6/2014, of December 19, from the Bank of Spain, approving rules for the assessment and payment of the fee for carrying out the global assessment of credit institutions (BOE of December 29)

The nineteenth additional provision of Law 10/2014, of June 26, on the ordering, supervision, and solvency of credit institutions, creates a fee that taxes the tasks carried out by the Bank of Spain related to the global assessment of credit institutions provided for in Article 33.4 of Council Regulation (EU) No. 1024/2013, of October 15, 2013, which entrusts the European Central Bank with specific tasks regarding policies related to the prudential supervision of credit institutions. The taxpayers of this new fee are the credit institutions included in the section corresponding to Spain in the Annex of the Decision of the European Central Bank, of February 4, 2014, on the identification of credit institutions subject to the global assessment (Decision ECB/2014/3).

In accordance with the aforementioned provision, the fee will be incurred, for a single time, on December 31, 2014, with the Bank of Spain responsible for its assessment and collection management during the voluntary period and with the State Tax Administration Agency during the executive period.

The ninth paragraph of the same additional provision of Law 10/2014, of June 26, empowers the Bank of Spain to issue a Circular that develops the necessary aspects to proceed with the assessment and payment of the fee.

Consequently, in exercise of the powers granted, the Governing Council of the Bank of Spain, upon proposal of the Executive Committee and in agreement with the Council of State, has approved this Circular, which contains the following rules:

Rule 1.

Object.

This Circular aims to regulate the necessary aspects to proceed with the assessment and payment of the fee provided for in the nineteenth additional provision of Law 10/2014, of June 26, on the ordering, supervision, and solvency of credit institutions.

Rule 2.

Taxpayers.

In accordance with what is provided in the third paragraph of the nineteenth additional provision of Law 10/2014, of June 26, on the ordering, supervision, and solvency of credit institutions, the taxpayers of the aforementioned fee are the credit institutions included in the section corresponding to Spain in the Annex of the Decision of the European Central Bank, of February 4, 2014, on the identification of credit institutions subject to the global assessment (Decision ECB/2014/3). In the case of Savings Banks included in said section of the Annex, the bank to which they have transferred their financial business will be considered the taxpayer.

Rule 3.

Assessment.

The fee will be assessed by the Bank of Spain before January 31, 2015, based on the information available regarding the amount of total assets of the consolidatable groups, in which the taxpayers declared to the Bank of Spain as of December 31, 2013, are integrated, and following the model incorporated as an annex to this Circular for this purpose.

Rule 4.

Payment.

The payment of the fee referred to in this Circular must be made within the time limits provided for in Article 62 of Law 58/2003, of December 17, General Tax Law, with the following being for the voluntary period:

a) If the notification of the assessment is made between the first and 15th of the month, from the date of receipt of the notification until the 20th of the following month or, if this is not a business day, until the next immediate business day.

b) If the notification of the assessment is made between the 16th and the last day of the month, from the date of receipt of the notification until the fifth day of the second following month or, if this is not a business day, until the next immediate business day.

Rule 5.

Method of Payment.

The payment must be made via transfer from the payment module account held by the taxpayer in the TARGET2-Banco de España system, to the account held by the Bank of Spain, which will be communicated in the corresponding assessment.

Final Provision. Entry into force.

This Circular will enter into force the day after its publication in the "Official State Gazette".

P106026 to p106029

ANNEX

ANEJO-C-6-2014.PDF (256 KB)

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