The Superior Court of Justice of the Balearic Islands, in its ruling of December 4, 2023, examines whether it is appropriate to request the correction of the declaration submitted by the appellant or if, being an option, such correction is no longer viable. Deduction and Exemption? The appellant, in her declaration, chose to apply the… Continue reading Tax Advisor: Between Deduction and Exemption: Challenges in Tax Declaration

In this article, we will discuss the obligation to declare model 720. According to the binding consultation of the General Directorate of Taxes (DGT) dated November 15, 2023, under reference V2997/2023, an individual owns 46.40% of a company resident in Spain. This company plans to establish a company in Portugal, where it will hold a… Continue reading Tax Advisor: Exemption from the Obligation to declare model 720 from the Perspective of the Resident Company and the Managing Partner

The Royal Decree 142/2024, issued on February 6th and published in the Official State Gazette on February 7th, comes into effect on February 8th and modifies the Regulation of the Personal Income Tax (IRPF), approved by Royal Decree 439/2007, regarding withholdings and advance payments. Below, we highlight the changes introduced regarding withholdings and advance payments:… Continue reading Tax Advisor: Changes in the Personal Income Tax (IRPF) Regulation

According to statistical data, in the year 2023, more than 10,000 individuals seemed to be eligible to benefit from what is known as the Beckham Law. This special regime is designed for foreign workers who are relocated in Spanish territory and, from a tax perspective, is beneficial for this group. All those workers coming from… Continue reading Tax Advisor: Discover how the Beckham Law can benefit you

In its ruling of November 20, 2023, the National Court examines two issues: the deductibility of payments made to administrators and compliance with the principle of full regularization in relation to adjustments for impairment of securities portfolios. deductibility of payments made to administrators: The tax inspection did not accept the deductibility of payments to the… Continue reading Tax Advisor: National Court’s Resolution on the deductibility of Payments to Administrators and Tax Regularization

What is the Beckham Law? The Beckham Law establishes a special tax regime that allows foreigners who move to work in Spain to pay a fixed rate of Personal Income Tax (IRPF) of 24%, regardless of the income they earn in the country. The main objective of this measure is to attract talent and qualified… Continue reading Tax Advisor: Everything you need to know about the Beckham Law in Spain

The directors of capital companies are responsible for the correct management and representation of the company and, if they fail to do so in accordance with the bylaws or the Law, both shareholders and creditors may hold them liable. In this case, we will analyse the possible joint and several liability for corporate debts that… Continue reading Joint and several liability of the directors for corporate debts

The Supreme Court, in a recent ruling issued on December 21, 2023, not only reaffirms a fact that may seem evident, such as the right to recover IBI payments that have been improperly made when a cadastral value is annulled. This annulment typically entails the need to establish a new cadastral value in accordance with… Continue reading Tax Advisor: Supreme Court jurisprudence on refund of undue payments in the IBI and challenges in challenging the cadastral value

The European Union Court of Justice has issued a ruling in case C-442/22, related to VAT fraud. Specifically, the dispute arose between January 2010 and April 2014 when an employee of a company in Poland, operating a gas station, issued over 1,600 invoices that did not reflect actual sales of goods. The total value of… Continue reading Tax Advisor: Legal implications and EU guidelines on VAT responsibility

The Full Court of the Constitutional Court responds to the question of unconstitutionality raised by the Administrative Litigation Chamber of the National Court regarding the modifications to the Corporate Income Tax (CIT) introduced by Royal Decree-Law 3/2016, of December 2, with the aim of increasing revenue and reducing the public deficit. The judgment, which has… Continue reading Tax Advisor: Unconstitutionality of fiscal measures in the Corporate Tax