The Supreme Court of Navarra, in its Ruling of February 14, 2023, examines when the non-compliance with the requirements to apply the deduction for reinvestment of extraordinary profits occurred. According to the Chamber, there is no statute of limitations for the action to regularize the situation once it has been established that the reinvestment was… Continue reading Tax Advisor: The Supreme Court of Navarra determines that the appellant contradicts herself in asserting the statute of limitations to regularize, since she benefited from the reinvestment exemption without correcting it in her tax returns
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Tag: Europe
Tax advisor: Effective annual interest rate corresponding to the third quarter of 2023, used for tax classification purposes of specific financial assets.
The Resolution of June 20, 2023, issued by the General Secretariat of the Treasury and International Finance, has been published in the BOE on June 26, 2023. This resolution discloses the effective annual interest rate for the third calendar quarter of the year 2023, used to tax classify as explicit yield to financial assets with… Continue reading Tax advisor: Effective annual interest rate corresponding to the third quarter of 2023, used for tax classification purposes of specific financial assets.
Tax Advisor: Corporate Income Tax data for the year 2022
The Spanish Tax Agency has announced that the fiscal data corresponding to the Corporate Income Tax for the year 2022 are now available for consultation and download. To access this data, taxpayers must authenticate themselves using valid credentials. The only type of credential accepted is the electronic certificate recognized by the AEAT. In addition, the… Continue reading Tax Advisor: Corporate Income Tax data for the year 2022
Tax advisor: Ways to take advantage of donations to reduce the tax burden on the Personal Income Tax return
Donations can have a positive impact on your tax burden, as they not only contribute to charitable causes, but also provide significant tax benefits. When filing your income tax return, we can use donations to reduce the amount you have to pay. Below, we will explain the requirements and steps to take full advantage of… Continue reading Tax advisor: Ways to take advantage of donations to reduce the tax burden on the Personal Income Tax return
Tax advisor: Taxation on the delivery of shares or stock in emerging companies
As from January 1st, 2023, the regulation of the taxation of the income from work in kind arising from the delivery of shares or participations of emerging companies is established. As from this date, the main new features are as follows: – Exemption: the delivery of shares or participations to active employees of an emerging… Continue reading Tax advisor: Taxation on the delivery of shares or stock in emerging companies
Tax Advisor: The Supreme Court establishes that the Tax Administration Agency has the burden of proving the abuse of the IRNR exemption
The Contentious-Administrative Chamber of the Supreme Court has established that the Tax Administration has the burden of proving the abuse that prevents the application of the exemption in the Non-Resident Income Tax (IRNR). The Supreme Court has analyzed the case law of the Court of Justice of the European Union, and adjusts its doctrine to… Continue reading Tax Advisor: The Supreme Court establishes that the Tax Administration Agency has the burden of proving the abuse of the IRNR exemption
Tax advisor: Supreme Court requires Treasury to prove abuse before it can deny exemption for expatriate dividends
In its ruling, the Supreme Court ruled against the Treasury and establishes that the Administration must demonstrate that the taxpayer lacks valid reasons for claiming the dividend exemption. The Contentious-Administrative Chamber established a new doctrine that establishes that the burden of proof regarding the abuse that prevents benefiting from the exemption of dividends in the… Continue reading Tax advisor: Supreme Court requires Treasury to prove abuse before it can deny exemption for expatriate dividends
Tax advisor: It is possible to modify the choice between joint or individual taxation in Personal Income Tax when there is a change of circumstances not attributable to the taxpayer
By resolution no. 3890/2022, issued on March 28, 2023, the Central Economic Administrative Court (TEAC) has ruled on an extraordinary appeal for the unification of criteria. In this resolution, the TEAC establishes a criterion in relation to the irrevocability of the election between joint or individual taxation in Personal Income Tax (IRPF). In general terms,… Continue reading Tax advisor: It is possible to modify the choice between joint or individual taxation in Personal Income Tax when there is a change of circumstances not attributable to the taxpayer
Tax advisor: Termination of a senior management contract due to significant changes in working conditions
In situations where a special senior management employment relationship is terminated, case law has established that it is possible to apply the personal income tax (IRPF) exemption to the severance payment received by the senior manager. Therefore, the exemption has been recognized both in cases of termination of the senior management contract due to the… Continue reading Tax advisor: Termination of a senior management contract due to significant changes in working conditions
Tax advisor: The mechanism for the compensation of the Local Real Estate Tax exemption of rustic nature defined
The Resolution of June 9, 2023, issued by the General Secretariat of Autonomous and Local Financing, has been published in the BOE of June 14, 2023. This resolution establishes the procedure for the compensation of the exemption in the Rustic Real Estate Tax for the year 2023, as indicated in article 12 of Royal Decree-Law… Continue reading Tax advisor: The mechanism for the compensation of the Local Real Estate Tax exemption of rustic nature defined