The judges of the Constitutional Court foresee resolving the constitutional challenges from the autonomous communities against the Temporary Wealth Tax in just two weeks. The crucial decision regarding the new tax on large fortunes, promoted by the Ministry of Finance and challenged by several autonomous governments, is approaching. The Constitutional Court will rule on its… Continue reading Tax advisor: The anticipation of an imminent ruling by the Constitutional Court on the Temporary Solidarity Tax on Large Fortunes puts pressure on those taxpayers who have not yet appealed it
Tag: Constitutional Court
Tax advisor: The Supreme Court seeks to clarify jurisprudence on municipal capital gains tax following multiple Constitutional Court rulings
The Constitutional Court ruled in 2017 that imposing a tax when there has been no economic gain is not legal and that this tax is contrary to the principle of economic capacity established in Article 31.1 of the Constitution. Another Constitutional Court ruling on October 26, 2021, determined over three years later that the method… Continue reading Tax advisor: The Supreme Court seeks to clarify jurisprudence on municipal capital gains tax following multiple Constitutional Court rulings
Tax advisor: When to challenge the Temporary Solidarity Tax on Large Fortunes to obtain a tax refund?
The Wealthiest Citizens Have Already Paid the Temporary Solidarity Tax on Large Fortunes, especially in Madrid, which has contributed 89% of the total revenue. Most have followed the unanimous advice of tax experts: make the payment and then file an appeal. However, here arises a delicate issue: When is it appropriate to challenge the wealth… Continue reading Tax advisor: When to challenge the Temporary Solidarity Tax on Large Fortunes to obtain a tax refund?
Tax advisor: Rejected the consultation for inflation to be deducted from the real estate gain in the Personal Income Tax
The Constitutional Court has issued a ruling rejecting the deduction of inflation from real estate gains in the Personal Income Tax (IRPF). With this, it upholds the 2014 reform that eliminated the corrective coefficients that reduced the tax payable based on inflation. The ruling resolves the question of unconstitutionality raised by the High Court of… Continue reading Tax advisor: Rejected the consultation for inflation to be deducted from the real estate gain in the Personal Income Tax
Tax Advisor: The constitutionality of the Personal Income taxation of assets received by virtue of succession agreements and contracts of inheritance provided for in the existing Foral Civil Laws
The Constitutional Court has issued a statement in which it advances part of the ruling and the sentence, arguing that there is no double taxation because the economic capacity taxed in the Personal Income Tax (IRPF) is different from that taxed in the Inheritance and Gift Tax (ISD). In relation to whether the “apartación” is… Continue reading Tax Advisor: The constitutionality of the Personal Income taxation of assets received by virtue of succession agreements and contracts of inheritance provided for in the existing Foral Civil Laws
Tax Advisor: The person obliged to pay the capital gains tax by agreement is entitled to rectification and refund of the undue payment
The appealed judgment establishes that, since there is no case law stating that the fulfillment of a contractual obligation alone legitimizes the ability to appeal before the courts to analyze the merits of a tax assessment, it is necessary to abide by article 33 of the General Collection Regulation. According to this article, if the… Continue reading Tax Advisor: The person obliged to pay the capital gains tax by agreement is entitled to rectification and refund of the undue payment
Tax Advisor: Extension of the deductions in the Personal Income Tax of the Community of Madrid for 2023
Law 10/2023, of April 12th, which has been published in the Official Gazette of the Community of Madrid, has modified the Law of Madrid’s Assigned Taxes. The objective is to incentivize improvements in rental housing through the introduction of new deductions in the Personal Income Tax. New measures Among all the new measures we will… Continue reading Tax Advisor: Extension of the deductions in the Personal Income Tax of the Community of Madrid for 2023
Tax advisor: The bank certificate is sufficient to prove the loss due to the transfer of financial investments between related companies
The question that arises is the deductibility of losses due to the transfer of financial investments between related companies. The Administration has denied the deduction of the due to the bankruptcy of the related company, considering that the evidence provided by the plaintiff was insufficient. The Chamber considers that the subject matter of the appeal… Continue reading Tax advisor: The bank certificate is sufficient to prove the loss due to the transfer of financial investments between related companies
Tax advisor: Without business concealment, there is no simulation
According to the principles of the General Theory of Law, when a contract is entered into for a different purpose than the one normally attributed to it, a defect in the cause may arise. This situation can be divided into two types of contracts: those with a false cause, in which the parties do not… Continue reading Tax advisor: Without business concealment, there is no simulation
Tax advisor: The Supreme Court partially upholds the challenge on the derivations of joint and several liability of article 42.2 of the General Tax Act.
The Supreme Court ruled in appeal 3742/2021 on this matter. The objective was to establish whether, in cases in which a declaration of liability under article 42.2.a) of the General Tax Act is partially annulled by a court judgment, decreasing its scope, the tax administration has the obligation to issue a new declaratory act of… Continue reading Tax advisor: The Supreme Court partially upholds the challenge on the derivations of joint and several liability of article 42.2 of the General Tax Act.