The Supreme Court determines, in its judgment of February 15, 2023, appeal no. 3001/2021, that the simple fact of accepting the distribution of dividends agreed by the shareholders’ meeting is not sufficient for the factual assumption of the derivation of liability for unlawful acts. It is also necessary to perform an active act, which means… Continue reading Tax advisor: No derivation of liability can be considered for the mere fact of accepting a dividend distribution.
Author: buleboo
Tax advisor: What is and how to file Form 720?
The so-called Form 720 is a form in which the person obliged to file it must declare to the Treasury all assets and rights located abroad. It is used both for investments made and for fixed-term bank deposits in another country, stock market investments or properties in foreign countries. All persons whose tax residence is… Continue reading Tax advisor: What is and how to file Form 720?
Tax advisor: Is the special leasing regime applicable even if some of its requirements are not met?
In the present case, the High Court of Justice of the Principality of Asturias analyzes whether or not to apply the financial leasing regime, also known as leasing for corporate income tax depreciation purposes. This regime is a medium and long-term financing option whereby the owner of an asset assigns to a third party the… Continue reading Tax advisor: Is the special leasing regime applicable even if some of its requirements are not met?
Tax advisor: The 2% income tax withholding is not applicable to discontinuous permanent employees.
In the binding consultation V0040-23 of January 16, 2023, the Directorate General of Taxes resolves whether and what is the withholding rate to be applied to a permanent employee with an indefinite term contract, as long as his income from work is less than the withholding obligation limit. The question arises as to whether the… Continue reading Tax advisor: The 2% income tax withholding is not applicable to discontinuous permanent employees.
Tax advisor: VAT deduction on luxury vehicle leasing
In the case presented and resolved by the Judgment of the High Court of Justice of Castilla-La Mancha, with number 330/2022 and dated November 22, 2022, appeal no. 381, 2020, the question arises as to whether the appellant entity is entitled to a total deduction of the VAT borne on the invoices for the leasing… Continue reading Tax advisor: VAT deduction on luxury vehicle leasing
Tax advisor: The parties to a partnership agreement that has no legal personality and is not registered with the tax authority are not considered taxable persons.
Article 267 of the Treaty on the Functioning of the European Union provides that if a commercial transaction which has as its objective several independent supplies or a single supply for VAT purposes, the identification of the elements of such a transaction is up to the national judge and the economic objective of such a… Continue reading Tax advisor: The parties to a partnership agreement that has no legal personality and is not registered with the tax authority are not considered taxable persons.
Tax advisor: It is necessary to prove that R&D expenses are exclusively destined to research and development in order to apply the corporate income tax deduction.
The following case studies whether or not the R&D&I deduction is applicable in cases where the expenses are destined to research and technological innovation in relation to a glass tempering furnace. According to the appellant, there is no rule that requires the exclusivity of the furnace in its use, which must be used only for… Continue reading Tax advisor: It is necessary to prove that R&D expenses are exclusively destined to research and development in order to apply the corporate income tax deduction.
Tax advisor: Is a restitution of assets made to the partnership if the partner is not the owner of the target account?
The case presented is the judgment of December 14, 2022, in which the High Court of Justice of Madrid studies whether or not the related-party transaction carried out with respect to the partnership-company relationship is correctly valued, as well as the appropriateness of the secondary adjustment made. The Court establishes that the services rendered were… Continue reading Tax advisor: Is a restitution of assets made to the partnership if the partner is not the owner of the target account?
Tax Advisor: The Temporary Solidarity Tax on Large Fortunes: everything you need to know
The Large Fortunes Tax (BOE Law 38/2022, of December 27, 2022) began to be applied on December 31, 2022. Its name by definition is Temporary Solidarity Tax on Large Fortunes. WHAT IS THE TAX ON LARGE FORTUNES ABOUT? The Tax on Great Fortunes is a direct tax, personal in nature and complementary to the Wealth… Continue reading Tax Advisor: The Temporary Solidarity Tax on Large Fortunes: everything you need to know
Tax Advisor: The Beckham Law and all its new features
Last December 22, the Official State Gazette published Law 28/2022, of December 21, on the promotion of the ecosystem of emerging companies, which includes several new features regarding the Special Tax Regime applicable to workers, professionals, entrepreneurs and investors relocated to Spanish territory, better known as the Beckham Law. The so-called Beckham Law or Impatriate… Continue reading Tax Advisor: The Beckham Law and all its new features