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Los impuestos en el tratamiento contable y tributario de los contratos de colaboración

In document - HOJA DE VIDA- JORGE DAVID TÁMARA NAME (página 61-64)

Similar to the table above, the section below provides an overview of available identity registers, now covering legal entities.

This includes legal entities which have been established within a given country, or which have a local branch that is subject to registration on account of its economical activities.

Country Description User group Status / details

Austria Register of Company

Names (Firmenbuch) Austrian legal persons Operational Central Register of

Associations (Zentrales Vereinsregister)

Austrian legal persons Operational

Supplementary Register

Belgium Crossroads database of

enterprises Legal persons

established in Belgium or required to register in Belgium

Operational. Also contains natural persons who are entrepreneurs in Belgium.

Limosa Foreign persons wishing

to employ someone in Belgium or to pursue a temporary or partial activity as a self-employed person.

Operational. Also mandatory for natural persons who wish to be active as entrepreneurs in Belgium.

Bulgaria BULSTAT Register Companies, non-profit organisations, public institutions, other kinds of legal entities, central database, the Commercial Register.

Commercial Register Companies, non-profit organisations, public institutions, other kinds of legal entities,

Register of Associations Legal entities including trading companies, co-ops, and institutions established in Croatia

Operational; accessible via the internet.

Cyprus Companies Registration

System Companies, overseas

companies, partnerships and business names

Operational.

Czech Republic

Administrative Register of Economic Subjects (ARES)

Denmark Central Business

Register (CVR-register) Legal entities and entrepreneurs

established in Denmark

Operational.

Estonia Centre of Registers and

Infosystems Legal entities and

entrepreneurs established in Estonia

Operational.

Finland Business Information

System Businesses and

organisations entered in the Trade Register, Register of Foundations,

VAT register,

Prepayment Register, Employer Register or the Client Register of the Tax Administration

Operational.

France National directory of

legal persons (SIRENE) Legal entities which are economically active in France

Operational.

Germany Commercial Registers

(Handelsregister) Legal entities

established in Germany Operational Companies Register

(Unternehmens-register) Legal entities

established in Germany Operational (supplement to the Handelsregister)

Greece Trade registers Legal entities

established in Greece Operational. To be centralised in an electronic General Register for legal persons, but this register is not yet operational.

Hungary Company register Legal entities

established in Hungary Operational as a distributed database with sources at 20 District Courts.

Iceland National Business

Register Legal entities

established in Iceland Operational.

Ireland Business registers Legal entities

established in Ireland Operational.

Italy Commercial Register

(registro delle imprese) Legal entities

established in Italy Operational; managed by the Chamber of Commerce (one per province)

Latvia Commercial Register Legal entities

established in Latvia Operational Liechtenstein Company Register Legal entities

established in

Liechtenstein

Operational. Accessible via the internet.

Lithuania Register of Legal

Persons Legal entities

established in Lithuania and Lithuanian branches and representations of foreign legal persons

Operational. Open to the public.

Luxembourg Commercial Register Legal entities and entrepreneurs

established or

economically active in Luxembourg

Operational. Open to the public.

Malta Register of commercial partnerships and companies

Legal entities a

established in Malta Operational Register of Employers All employers in Malta

(including natural persons)

Operational

The

Netherlands

Trade Register Legal entities

established in The Netherlands

Operational

Norway Central Coordinating Register for Legal Entities

Entities subject to registration obligations in Norway.

Operational. Note that the register contains information on entities subject to registration

obligations as

employers, VAT payers, tax payers, etc. ; but that entities can (and do) also register voluntarily.

Poland National Judicial

Register (KRS) Legal entities and entrepreneurs

economically active in Poland

Operational.

Portugal National Company Registry (Registo Nacional de Pessoas

Legal entities

established in Portugal

Operational

Colectivas)

Romania Trade Registries of the

County Tribunal Commercial legal

entities established in Romania

Operational; available online16 on the National Trade Registry online database (RECOM) Registry of Legal

Persons Legal entities

established in Romania Operational

Slovakia Trade Register Legal entities

established in Slovakia Operational Commercial Register Legal entities

established in Slovakia Operational Slovenia Business Register Legal entities

established in Slovenia Operational Spain Companies Registry Legal entities and

entrepreneurs established in Spain

Operational

Sweden Trade and Industry

Register Legal entities and

entrepreneurs

established in Sweden

Operational. Consists of

a number of

subregisters, including the Limited Companies Register and the Business Register.

Turkey Ministry of Finance Tax

Number (Maliye

Bakanlığı Vergi Numarası

Legal entities

established in Turkey Operational

United Kingdom

Companies House

database Limited liability entities

established in the UK Operational

Again, all countries have implemented some form of database for legal entities. It should be noted that these registers typically also include entrepreneurs (natural persons who are economically active as self employed).

An important difference with the registers for natural persons is that the managers of legal entities must take active steps themselves to become registered, whereas natural persons become registered at birth or as a part of the process of obtaining a permission to reside in a country. This means that identity information is yielded on a voluntary basis, in exchange for the ability to exercise an economic activity. This difference in motivation (automatic registration vs. voluntary registration) has been exploited in Belgium, where a separate database under the name of Limosa was created with the express purpose of being able to identify legal entities and entrepreneurs across borders.

Limosa aims to register foreign companies, organisations or self-employed persons wishing to employ someone in Belgium, or wishing to establish themselves in Belgium in order to pursue a temporary or partial activity as a self-employed person. For persons already registered in a Belgian official register, there was already a requirement to register such changes electronically using the so called Dimona application17. However, for other persons (natural or legal) who are not subject to Belgian social security, this obviously presents a problem if no prior entry in an official register exists.

16 See http://recom.onrc.ro/indexe.htm, (in English)

17 See https://www.socialsecurity.be/site_nl/Applics/dimona/index.htm

For this reason, the Limosa application18 was created, which requires temporary/partial employees to register electronically before they can begin any professional activities. The declaration must be done by the employer or organisation that sends somebody to Belgium, or by the person himself if he is self-employed and coming to work temporarily/partially in Belgium. After an electronic registration process, the person receives a username and password which can be used to electronically declare the activity, after which a so called Limosa-1-certificate is issued electronically. This certificate must be printed out and carried at all times by the foreign worker in Belgium.

The interesting element in this application is the registration process, which merely requires the registering entity to fill out a web form, providing one of four possible identification numbers (national number, passport number, social security number or pension number) from the country of origin, or a Belgian social security number (if available). The provided information is not formally checked.

While the system is inherently weakly protected against abuse (since it depends on unverified claims from the registering party), the approach is none the less considered viable, because the target user group is precisely economic entities who wish to comply with Belgian social and fiscal law, and who therefore have no real benefit in defrauding the system by providing inaccurate information.

18 See https://www.socialsecurity.be/foreign/en/employer_limosa/home.html

In document - HOJA DE VIDA- JORGE DAVID TÁMARA NAME (página 61-64)

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