Tax Advisor: Possible Exodus of the Wealthy to Portugal Following the Approval of the Wealth Tax

The recent approval of the wealth tax by the Constitutional Court (TC) on November 7th has led to an increase in inquiries from wealthy investors at law firms seeking to change their tax residency to Portugal. The neighboring country has extended its special tax regime for non-habitual residents, similar to the Spanish Beckham Law, with… Continue reading Tax Advisor: Possible Exodus of the Wealthy to Portugal Following the Approval of the Wealth Tax

Tax Advisor: Constitutional Court Ruling: Rejection of Appeals against Wealth Tax

The majority of the Plenary rejected the unconstitutionality appeals filed by the Andalusian Regional Government and the Galician Regional Government against the Temporary Wealth Tax. The arguments presented by these regions were similar to those analyzed in a previous ruling that dismissed a similar appeal from the Community of Madrid. The only difference was that… Continue reading Tax Advisor: Constitutional Court Ruling: Rejection of Appeals against Wealth Tax

Tax Advisor: Digital Nomads in Spain: Challenges and opportunities in a globalized world

The presence of Digital Nomads in Spain has been essential for the modernization of the labor market , providing workers with complete freedom and companies with the ability to recruit global talent. However, these promises are affected by labor and tax complexities that vary depending on the type of employment and location. According to the… Continue reading Tax Advisor: Digital Nomads in Spain: Challenges and opportunities in a globalized world

Tax Advisor: Spain as a Top Destination for Digital Nomads: Unraveling the Emerging Business Law

Spain advances in the ranking of the most attractive places for digital nomads after this modification in the regulations, as a result of the recent approval of the law promoting the development of the emerging business ecosystem (Law 28/2022, of December 21) or Startup Law. The changes and advantages introduced in the new regulation of… Continue reading Tax Advisor: Spain as a Top Destination for Digital Nomads: Unraveling the Emerging Business Law

SPANISH EXIT TAX

Law 26/2014, of November 27 on Personal Income Tax (hereinafter, PIT), in force since January 1, 2015, establishes a case of taxation of unrealized capital gains when a taxpayer moves outside Spain, as an instrument to prevent tax evasion and a measure to guarantee tax revenues. The exit tax established in the PIT taxes the… Continue reading SPANISH EXIT TAX

Tax advisor: Strategies to Alleviate the Burden of IRPF at Year-End

The Registry of Expert Tax Advisors (REAT) is issuing suggestions to ease the tax burden of the Personal Income Tax (IRPF) at the annual fiscal closing. Presented in Tenerife, the 2023 Income Tax Declaration Planning report offers up to 100 recommendations to “optimize the tax impact” before December 31. The General Council of Experts highlights… Continue reading Tax advisor: Strategies to Alleviate the Burden of IRPF at Year-End

Tax advisor: Evaluation and challenge by the TEAC to the solution provided by the TEAR in tax trials

The TEAC questions the ruling of the TEAR in a tax appeal, highlighting the taxpayer’s behavior and the need to prevent procedural abuses. Criteria are unified regarding the submission of untimely evidence. The disagreement revolves around tax instruction, emphasizing the importance of a comprehensive assessment. TEAC Ruling on Administrative Appeal In resolution number 8923/2022, dated… Continue reading Tax advisor: Evaluation and challenge by the TEAC to the solution provided by the TEAR in tax trials

Tax advisor: Legal Analysis of Revolving Cards: The Judgment of the Supreme Court

The judgment of the Supreme Court (No. 1492/2023, October 27) reexamines revolving credit cards, assessing the usurious nature of the interest rate. It emphasizes that exceptional circumstances justifying an interest rate higher than the normal should be considered when granting financing or modifying the interest rate. The case involved a revolving credit card contract with… Continue reading Tax advisor: Legal Analysis of Revolving Cards: The Judgment of the Supreme Court

Tax advisor: Analysis and Proposal for Modification of Late Filing Surcharge: Ruling from the High Court of Justice in Madrid

Assessment of the Penalty for Late Filing The Judgment of October 4, 2023, from the Superior Court of Justice (TSJ) of Madrid reviews the imposition of a penalty for late filing carried out by the Administration. The Court initially acknowledges the appropriateness of the penalty, arguing that in this case, all necessary conditions are met… Continue reading Tax advisor: Analysis and Proposal for Modification of Late Filing Surcharge: Ruling from the High Court of Justice in Madrid

Tax advisor: The Supreme Court and the principle of proportionality as a cornerstone in VAT tax penalties

The Supreme Court has reaffirmed the importance of the principle of proportionality, indicating that it not only guides interpreters of the law in modulating penalties but that legislators must also take it into account when establishing tax penalties. This doctrine may lead to the annulment of penalties by ordinary courts if a lack of proportionality… Continue reading Tax advisor: The Supreme Court and the principle of proportionality as a cornerstone in VAT tax penalties