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Tax Advisor: Published the Royal Decree 249/2023 which incorporates tax innovations

The BOE has published the Royal Decree 249/2023 which incorporates numerous tax innovations. The points to be discussed are several. This Royal Decree contains several regulatory amendments in the tax area. Tax modifications of the Royal Decree 249/2023 – Modifications in the matter of reiteration of applications. Includes a change in Royal Decree 520/2005  with… Continue reading Tax Advisor: Published the Royal Decree 249/2023 which incorporates tax innovations

Tax advisor: When should the start of the computation of the limitation period of the right to a refund be placed?

We refer to the inspection regularization of the Corporate Income Tax that reduces the deductible expense of the payer for amounts paid to a non-resident for the concept of royalties. Likewise, the possibility of opening the statute of limitations period for the right to the refund of the withholding on the amount paid is questioned.… Continue reading Tax advisor: When should the start of the computation of the limitation period of the right to a refund be placed?

Tax Advisor: Tax Agency issues a note on the taxation of non-resident artists and sportsmen and sportswomen

The Ministry of Finance has issued a note establishing guidelines with the aim of facilitating voluntary compliance with the tax obligations of artists and sportsmen and women who are non-residents in Spain. The Non-Resident Income Tax Law considers artistic or sports income as a species within the broader genre of income derived from economic activities… Continue reading Tax Advisor: Tax Agency issues a note on the taxation of non-resident artists and sportsmen and sportswomen

Tax advisor: Modifications to the Economic Agreements with Navarre and the Basque Country

The BOE of April 4th published the modifications of the Economic Agreements with Navarra and the Basque Country. Law 8/2023, which amends Law 28/1990 and approves the Economic Agreement between the State and the Autonomous Community of Navarre; Law 9/2023, which amends Law 12/2002 and approves the Economic Agreement with the Autonomous Community of the… Continue reading Tax advisor: Modifications to the Economic Agreements with Navarre and the Basque Country

Tax advisor: Publication of the order with the Personal Income Tax and Wealth Tax Return Forms

The Ministry of Economy and Finance has published Order HFP/310/2023 of March 28th. Through it, it publishes the Personal Income Tax and Wealth Tax return forms, with the purpose of establishing the place, form and deadlines for filing. The term for the presentation of the Income Tax will begin on April 11th until June 30th,… Continue reading Tax advisor: Publication of the order with the Personal Income Tax and Wealth Tax Return Forms

Tax Advisor: The CJEU concludes that activities entrusted by a municipality to third parties do not constitute a supply of goods and services subject to VAT

The Court of Justice of the European Union (CJEU) issued two rulings on March 30th, concluding that the fact that a municipality delivers and installs, through a company, renewable energy systems to those of its residents who are property owners and who have expressed the wish to be equipped with them does not constitute a… Continue reading Tax Advisor: The CJEU concludes that activities entrusted by a municipality to third parties do not constitute a supply of goods and services subject to VAT

Tax advisor: Changes in forms 202 and 222 of Corporate Income Tax, permanent establishments and payment by direct debit in form 309

The BOE of March 31st, 2023 published Order HFP/312/2023 which modifies Order HFP/227/2017. Thus, it approves form 202 to make installment payments on account of Corporate Income Tax and Non-Resident Income Tax; form 222, to make installment payments on account of Corporate Income Tax under the tax consolidation regime and establishes the general conditions and… Continue reading Tax advisor: Changes in forms 202 and 222 of Corporate Income Tax, permanent establishments and payment by direct debit in form 309

Tax Advisor: Modification in various tax models of Corporate Taxes, Financial Transaction Taxes, Digital Services and others

The Offical State Gazette (BOE) of March 31st, 2023 published several ministerial orders of fiscal scope. In this way, several tax models of Corporate Taxes, Financial Transaction Taxes and Digital Services are modified, among others. Approved tax models Order HFP/312/2023 amending Order HFP/227/2017. The 202 form is approved to make the payments in instalments of… Continue reading Tax Advisor: Modification in various tax models of Corporate Taxes, Financial Transaction Taxes, Digital Services and others

Tax adviser: The deduction of VAT input tax is a right and not a tax option

The Supreme Court, in its judgment No. 236/2023, upheld that the deduction of input VAT is a taxpayer’s right, and not a tax option under Article 119.3 of the General Tax Act (LGT). The Chamber considers that the essential elements for defining the tax options do not come together, since this does not imply that… Continue reading Tax adviser: The deduction of VAT input tax is a right and not a tax option

Tax advisor: What is the limit amount that exempts filing Personal Income Tax return if you have two payers?

The Personal Income Tax Act establishes the minimum amount of income to file the 2022 Personal Income Tax return if you have two payers. For example, if they have been employed and self-employed in the same financial year or if they have been employed and have received unemployment benefit. Does having two payers mean paying… Continue reading Tax advisor: What is the limit amount that exempts filing Personal Income Tax return if you have two payers?