The issue of appeal focuses on determining whether, in the context of Personal Income Tax (IRPF), late payment interest, whether resulting from a liquidation in a process of verification of income related to the economic activity of an individual or those generated by the suspension of the execution of a contested administrative act, can be… Continue reading Tax advisor: In Personal Income Tax, if a taxpayer carries out an economic activity, late payment interest is a deductible expense
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Tag: Europe
Tax Advisor: Interpretation of “industrial activity” concept to reduce the Electricity Tax base
The requested entity sought to register its facilities in the territorial registry of the II.EE Management Office in order to obtain the 85% reduction in the taxable base of the Special Tax on Electricity. However, the Management Offices rejected these applications, arguing that the entity’s activities did not qualify as industrial activities as established in… Continue reading Tax Advisor: Interpretation of “industrial activity” concept to reduce the Electricity Tax base
Tax advisor: Proven facts in a criminal judgment do not bind the Contentious-Administrative Courts unless they relate to the same tax period
The contested judgment rejected the taxpayer’s appeal against Wealth Tax (IP) assessments and penalties for the 2005 tax year. This was done without considering the information contained in the criminal judgment, mainly due to the fact that these were different tax years. The judgment concluded, after evaluating the evidence, that the taxpayer was resident in… Continue reading Tax advisor: Proven facts in a criminal judgment do not bind the Contentious-Administrative Courts unless they relate to the same tax period
Tax advisor: Actions against the principal debtor do not affect the limitation period for claims against jointly and severally liable persons
The purpose of this appeal is to determine whether the actions taken against the principal debtor or the person previously liable can have an impact on the interruption of the limitation period for claiming payment from those jointly and severally liable. The State Attorney starts from the fundamental premise that the beginning of the statute… Continue reading Tax advisor: Actions against the principal debtor do not affect the limitation period for claims against jointly and severally liable persons
Tax advisor: Do subsidies to intercity public transport affect the VAT taxable base?
The contested ruling concluded that when a public service is offered or an activity of general interest is carried out that does not have specific recipients identified in advance, but is aimed at the community in general, transactions subject to VAT are not generated because the legal link in which reciprocal supplies are exchanged is… Continue reading Tax advisor: Do subsidies to intercity public transport affect the VAT taxable base?
Tax advisor: Can the interest deductible in Corporate Tax on loans from partners be valued through the internal comparable chosen in accordance with article 16 of the previous Consolidated Text of Corporate Tax Act?
The settlement agreement in question dealt with the regularization of personnel expenses and financial expenses, triggering an administrative challenge due to the deduction of interest related to an internal loan. The central question that raises an appealable interest focuses on two essential aspects. Firstly, it is a question of determining whether the remuneration received by… Continue reading Tax advisor: Can the interest deductible in Corporate Tax on loans from partners be valued through the internal comparable chosen in accordance with article 16 of the previous Consolidated Text of Corporate Tax Act?
Tax advisor: The Treasury delays the self-declaration form of the Financial Transactions Tax to 2024
The Ministry of Finance and Public Function has issued an Order to postpone the implementation of the new self-declaration system for the Financial Transactions Tax, known as the ‘Tobin tax’, until January 1, 2024. This decision seeks to allow the tax systems of Navarre and the Basque deputations to adjust to the tax. The modification… Continue reading Tax advisor: The Treasury delays the self-declaration form of the Financial Transactions Tax to 2024
Tax advisor: Is it valid to automatically offset a credit and a debt in the enforcement period before duly notifying the order of constraint?
The ruling under appeal determined that the Administration, without going back in the collection process to properly notify the levy order, despite the cancellation of a seizure proceeding in accordance with the resolution of the Economic-Administrative Court (TEAR), proceeded to offset a credit in favor of the claimant and a debt derived from a liquidation.… Continue reading Tax advisor: Is it valid to automatically offset a credit and a debt in the enforcement period before duly notifying the order of constraint?
Tax advisor: The Personal Income Tax for retirees according to the Tax Authorities
The increase in pensions, for the most part, is highly beneficial for retirees. However, this implies a proportional increase in the tax burden. Retirement pensions are not tax exempt and the Tax Agency will require a higher percentage of IRPF due to the increase in Social Security benefits. This year, pensions based on contributions have… Continue reading Tax advisor: The Personal Income Tax for retirees according to the Tax Authorities
Tax Advisor: The Supreme Court reduces fines from the Tax Authorities for using intermediate companies and paying less taxes
Citizens penalized for using intermediary companies in order to reduce their income tax (IRPF) can now subtract the amounts paid for corporate income tax when calculating the basis of the fine, according to a Supreme Court ruling issued on June 8, 2023. The reporting judge argues that in these cases the economic damage to public… Continue reading Tax Advisor: The Supreme Court reduces fines from the Tax Authorities for using intermediate companies and paying less taxes