The Supreme Court, in a sentence advanced in a note of the Judiciary, has determined that the Treasury cannot make a minor with no income jointly and severally liable for the tax debts of his parents in the modality of joint taxation of the Personal Income Tax (IRPF) of the family unit. The ruling is… Continue reading Tax Advisor: The Supreme Court prohibits holding a minor with no income responsible for the tax debts of his parents in the form of joint Personal Income Tax taxation
Tag: Europe
Tax advisor: Tax benefits that small companies can use in the Corporate Income Tax
In this corporate tax filing season, it is important to remember that small companies are entitled to attractive tax incentives, such as the freedom of depreciation for job creation or double depreciation. Below we will explain what these incentives are and the requirements that must be met. It is essential to bear in mind that… Continue reading Tax advisor: Tax benefits that small companies can use in the Corporate Income Tax
Tax advisor: Possibility of deducting the remuneration of the directors of a company in the Corporate Tax
The consideration of the deduction as an expense of the partners’ salary in Corporate Tax has been the subject of controversy between the Tax Authorities and the companies, an issue on which the Supreme Court has issued several opinions, although not in an enlightening manner. In the recent Supreme Court Ruling of June 27th (not… Continue reading Tax advisor: Possibility of deducting the remuneration of the directors of a company in the Corporate Tax
Tax advisor: Improved tax deduction for investing in new or newly created companies
Law 28/2022, approved on December 21, has introduced improvements to the deduction for investment in start-up companies as established in article 68.1 of the Personal Income Tax Law (LIRPF). These improvements include an increase in the deduction percentage from 30% to 50% and an increase in the maximum deduction base from 60,000 to 100,000 euros… Continue reading Tax advisor: Improved tax deduction for investing in new or newly created companies
Tax advisor: The Supreme Court validates evidence obtained by the Treasury in home entry without prior notification of the start of the inspection process
Not every violation of the right to inviolability of the home automatically implies a violation of the right to due process. The application of Article 11.1 of the LOPJ requires a considered analysis to determine whether there is a connection between the interference with the fundamental right and the obtaining of evidence. In addition, it… Continue reading Tax advisor: The Supreme Court validates evidence obtained by the Treasury in home entry without prior notification of the start of the inspection process
Tax advisor: Treasury will have to reimburse large amounts to reverse the penalties of model 720
Treasury will face numerous millionaire refunds after having incorrectly applied the penalties for the declaration of assets abroad. This is due to an unfavorable ruling by the Tax Agency (AEAT), backed by both the Spanish judiciary and the European Court, which considered the fines imposed on taxpayers for hiding assets abroad to be excessive. As… Continue reading Tax advisor: Treasury will have to reimburse large amounts to reverse the penalties of model 720
Tax advisor: The Supreme Court clarifies the recovery in the Personal Income Tax of contributions to old labor mutual insurance companies.
The Supreme Court clarifies the IRPF recovery process for retirees who made contributions to old labor mutual funds. It is established that the part of the current pension corresponding to those contributions not reduced can be deducted by 25%. This means that the taxpayer must declare in the IRPF his pension, including only 75% instead… Continue reading Tax advisor: The Supreme Court clarifies the recovery in the Personal Income Tax of contributions to old labor mutual insurance companies.
Tax Advisor: In which Autonomous Communities is Inheritance and Gift Tax not paid?
Regarding Inheritance and Gift Tax, when death occurs, it must be paid in the Autonomous Community where it has occurred. As it derives in an increase of wealth, the inheritance must be declared, being a progressive tax due to the fact that the amount varies according to the inherited amount. The maximum period to declare… Continue reading Tax Advisor: In which Autonomous Communities is Inheritance and Gift Tax not paid?
Tax Advisor: Compensations granted to directors in Corporate Income Tax cannot be considered as acts of generosity and the theory of the link does not apply to them
In a ruling, the Supreme Court rejects the debate on the deductibility of compensation to directors based on concepts such as liberality and expenses contrary to the legal system, as long as such compensation is duly registered and the rendering of services is not in question. In addition, the court emphasizes its rejection of the… Continue reading Tax Advisor: Compensations granted to directors in Corporate Income Tax cannot be considered as acts of generosity and the theory of the link does not apply to them
Tax advisor: What are the implications of the introduction of minimum taxation in the 2022 Corporate Tax Campaign?
The 2022 Corporate Tax Campaign started on July 1, 2023 and will run until July 25 for those taxpayers whose tax period is the calendar year. The direct debit of the tax can be made until July 20. However, it is important to bear in mind that some companies may have a different tax period,… Continue reading Tax advisor: What are the implications of the introduction of minimum taxation in the 2022 Corporate Tax Campaign?