The Constitutional Court has declared the unconstitutionality of various provisions contained in the Corporate Income Tax Law, which restricted the offsetting of negative taxable bases, as well as deductions to prevent double taxation, and also required the reversal of losses from depreciated holdings previously deducted in prior fiscal years. These measures, incorporated through Royal Decree-Law… Continue reading Scope of the Constitutional Court’s Judgment Declaring Partial Annulment of Royal Decree-Law 3/2016
Tag: Constitutional Court
Tax Advisor: Constitutional Court evaluates challenge to Wealth Tax in Spain
The Constitutional Court is currently evaluating whether the permanent inclusion of the Wealth Tax in the 2021 Budgets violates the principles of legal reserve and economic capacity. This measure has been contested, and a ruling is expected from the justices in the coming weeks. The dispute revolves around the legality of permanently reintroducing the tax,… Continue reading Tax Advisor: Constitutional Court evaluates challenge to Wealth Tax in Spain
Tax Advisor: The Constitutional Court Rejects Appeals Against the Wealth Tax: Analysis and Jurisprudential Doctrine
The Full Court of the Constitutional Court has rejected the appeals of unconstitutionality filed by the Assembly of Madrid and the Regional Government Council of the Region of Murcia against the Temporary Solidarity Tax on Large Fortunes (Wealth Tax) (ITSGF), established by Law 38/2022 of December 27 and detailed in its article 3. These appeals… Continue reading Tax Advisor: The Constitutional Court Rejects Appeals Against the Wealth Tax: Analysis and Jurisprudential Doctrine
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: 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: Beckham Law: pending regulatory development
Foreign workers planning to arrive in Spain in 2023 face some legal uncertainty due to the delay in the approval of the regulations for the ‘Beckham Law,’ which allows foreigners to be taxed through the Non-Resident Income Tax (IRNR) instead of the Personal Income Tax (IRPF), with a fixed rate of 24% up to 600,000… Continue reading Tax advisor: Beckham Law: pending regulatory development
Tax advisor: Constitutional Court Ruling: Support for the Wealth Tax and Disagreements
The Constitutional Court backed the wealth tax, rejecting the appeal filed by the President of the Community of Madrid, Isabel Díaz Ayuso. The ruling, approved by seven progressive votes against four conservative ones, bases its support for the tax on the lack of confiscatory nature and the absence of violation of regional competencies. The dissenting… Continue reading Tax advisor: Constitutional Court Ruling: Support for the Wealth Tax and Disagreements
Tax advisor: Constitutional Court Decision on Wealth Tax in Madrid
The Constitutional Court has rejected the unconstitutionality appeal filed by the Community of Madrid against Law 38/2022, which establishes the temporary solidarity tax on large fortunes. The Community of Madrid argued that this tax interferes with its financial autonomy by nullifying the management of devolved taxes, especially the wealth tax, and that it harms its… Continue reading Tax advisor: Constitutional Court Decision on Wealth Tax in Madrid
Tax advisor: The Beckham Law will not attract the wealthy or pensioners living abroad
The revised legislation does not serve to bring back Spanish residents with fiscal residence in Portugal and other countries. The latest fiscal assessment of the Beckham Law or Regime will not facilitate the return to Spain of the high net worth individuals, nor will it help retirees with generous pensions, many of whom are in… Continue reading Tax advisor: The Beckham Law will not attract the wealthy or pensioners living abroad
Tax advisor: The Constitutional Court will discuss the constitutionality of the Temporary Solidarity Tax on Large Fortunes on Tuesday
The matter has been included in the agenda of the next session of the court to discuss the appeal filed by the Community of Madrid against this temporary tax. The Constitutional Court will examine the legitimacy of the temporary tax on large fortunes on October 24. The Plenary Session of the highest authority in the… Continue reading Tax advisor: The Constitutional Court will discuss the constitutionality of the Temporary Solidarity Tax on Large Fortunes on Tuesday