Tax advisor: Fiscal resolution for foreign workers: Startup Law and Beckham Law in Spain

In a last-minute decision, the Ministry of Finance resolves the uncertainty affecting foreign workers who moved to Spain in 2022 or 2023 to undertake activities or perform highly qualified functions, as established in the Startup Law of December 2022. These workers had the option to benefit from the special tax regime for expatriates, known as… Continue reading Tax advisor: Fiscal resolution for foreign workers: Startup Law and Beckham Law in Spain

Tax advisor: Exit Tax in Spain

  The Exit Tax, also known as the “exit tax,” is configured as a tax designed to levy the transfer of assets outside of Spain. This measure aims to prevent individuals and companies from moving their assets to jurisdictions with more favorable tax regimes to avoid taxes in hypothetical future transfers. It is worth noting… Continue reading Tax advisor: Exit Tax in Spain

Tax advisor: Constitutional Court Resolution: Challenge to the Temporary Solidarity Tax on Large Fortunes in the Community of Madrid and Fiscal Analysis.

The Constitutional Court completely rejects the challenge presented by the Government Council of the Community of Madrid against Article 3 of Law 38/2022, dated December 27, which establishes the Temporary Solidarity Tax on Large Fortunes .     Fiscal Argumentation on the Challenge to the Temporary Solidarity Tax on Large Fortunes in the Community of… Continue reading Tax advisor: Constitutional Court Resolution: Challenge to the Temporary Solidarity Tax on Large Fortunes in the Community of Madrid and Fiscal Analysis.

Tax advisor: Madrid High Court Evaluates Requirements for residential lease Regime and the Importance of Law 27/2014

In its ruling dated June 29, 2023, the Madrid Superior Court of Justice analyzes the suitability of implementing the special residential lease regime, focusing on assessing whether the requirement of conducting an economic activity is met.   Relevance of Law 27/2014 in Evaluating the Economic Activity of residential lease Firstly, the Court emphasizes that, in… Continue reading Tax advisor: Madrid High Court Evaluates Requirements for residential lease Regime and the Importance of Law 27/2014

Tax advisor: The loss suffered in a telephone fraud is considered a capital loss according to the Personal Income Tax (IRPF)

Through the binding consultation of September 27, 2023, the General Directorate of Taxes indicates that amounts lost due to a properly documented a telephone fraud  can be considered as a capital loss in the Personal Income Tax (IRPF). In the presented scenario, a taxpayer fell victim to a telephone fraud in which someone impersonated her… Continue reading Tax advisor: The loss suffered in a telephone fraud is considered a capital loss according to the Personal Income Tax (IRPF)

Tax advisor: The Supreme Court sets the Taxable Base of ITPyAJD at zero in corporate operations due to the forgiveness of non-enforceable dividends

The higher court has established as a criterion that, in cases of capital reduction with forgiveness of passive dividends before their enforceability, the economic value for calculating the Taxable Base of the Property Transfer Tax and Documented Legal Acts (ITPyAJD) in corporate operations is considered null.   Taxable Base in Capital Reduction: Legal Analysis and… Continue reading Tax advisor: The Supreme Court sets the Taxable Base of ITPyAJD at zero in corporate operations due to the forgiveness of non-enforceable dividends

Tax advisor: Reform of Censal Declarations for Platform Operators: Introduction of forms 040 and 238

The Ministry of Finance and Public Function has released the draft of the order authorizing forms 040 and 238  . These forms are intended for the “Censal declaration of registration, modification, and deregistration in the registry of non-qualified foreign platform operators and in the registry of other platform operators required to communicate information.” The statement… Continue reading Tax advisor: Reform of Censal Declarations for Platform Operators: Introduction of forms 040 and 238

Tax advisor: Tax Reforms 2023: Significant Changes in Models 190 and 270

In this article, we will be talking about Models 190 and 270 .  The Order HFP/1286/2023, published on November 30, 2023, introduces changes to Model 190 for the annual declaration of withholdings and payments on account of the Personal Income Tax. These modifications affect Order EHA/3127/2009, dated November 10. Additionally, Order HAP/2368/2013, which approves Model… Continue reading Tax advisor: Tax Reforms 2023: Significant Changes in Models 190 and 270

Tax advisor: Wealth Tax: Updates, Declaration, and Connection with Wealth

One of the main fiscal novelties is the introduction of the Solidarity Tax on Large Fortunes or the Temporary Solidarity Tax on Large Fortunes. This is a temporary tax applicable for the fiscal years 2022 and 2023, although there is a possibility that it may continue to be in use after its review. We explore… Continue reading Tax advisor: Wealth Tax: Updates, Declaration, and Connection with Wealth