How can the IBEE or Packaged Sugary Drinks Tax affect you?
Law 5/2017 of the Generalitat de Catalunya has created a new tax on the consumption of sugary drinks in the territory of Catalonia. It entered into force on 1 May 2017.
The beverages subject to this tax, and those that are not, are listed in article 72 of the aforementioned law and can be consulted at the following link:
As with VAT, the final consumer is obliged to bear the tax. Those obliged to collect the tax and make the payment to the Tax Agency of Catalonia are the commercial establishments that supply them, such as hotel establishments and supermarkets and retail stores, to which the law grants taxpayer status.
Despite the above, the figure of the taxpayer’s substitute is envisaged. This will be the distributor who supplies these drinks to the establishment that makes them available to the consumer. In this case, it is the distributor, as a substitute for the taxpayer, who acquires the status of taxpayer of the tax and is obliged to pay the tax to the Tax Agency of Catalonia. This means that, generally, the administrative burden of settling the tax is transferred to the distributor.
This new tax will accrue at the time the drinks are made available in the establishments. For this reason, a new concept will appear on distributors’ invoices: “IBEE” or “tax on packaged sugary drinks”. On this new item, the distributor must also pass on VAT.
The distributor will settle the tax on a quarterly basis between the 1st and 20th of January, April, July and October for the payments accrued in the previous quarter. This settlement will be made for the entire tax charged on the invoices issued (even if they have not been collected). It cannot be postponed.
The taxpayer (hotel or retail establishment) is obliged to pass on the tax to the final consumer, without it being necessary for it to be expressly stated on the purchase receipt. Likewise, VAT must be charged to this tax.
Conclusion on the application of the new Tax on Packaged Sugary Drinks:
If you are a retail or hospitality establishment:
You will find that your suppliers’ invoices will include a new item, “IBEE” or “Packaged Sugary Drinks Tax”, on which you will also be charged VAT. At the same time, you will be able to pass on the same tax that you have paid to the distributor (this concept cannot be increased by adding the commercial margin) in your sales, but it will not be mandatory for you to make any mention of this in your sales invoices. If they decide not to increase the price of their products, the tax would be considered included in their sales volume.
If you are a distributor, what do you supply to retail or hospitality establishments:
You must pass on the tax to your customer and pay quarterly the tax you have invoiced to your customers based on the invoices issued (not collected), without being able to defer it.
The Government of Catalonia has published certain frequently asked questions that can be consulted at this link for more information.
In any case, Gestingral’s team of expert professionals is at your disposal for any clarification in this regard.
