In binding consultation V1903-23, issued on June 30, 2023, the Directorate General of Taxes clarifies to a resident whether he should be taxed in Spain for Inheritance and Gift Tax when receiving a monetary donation from abroad. In this case, a son received a monetary donation from his mother from Argentina, proceeds from the sale… Continue reading Tax advisor: Tributes highlights the location of taxation for monetary gifts from abroad
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Tag: Europe
Tax advisor: The Directorate General of Taxes issues its opinion on how walking tours should be taxed
In the recent official consultation (V1886-23) issued on June 29, 2023, the Directorate General of Taxes has indicated that the entrance fee for the well-known “walking tours” will be subject to a taxation of 10% due to their character of live theatrical show. Likewise, the services offered by actors and technical personnel, when performed as… Continue reading Tax advisor: The Directorate General of Taxes issues its opinion on how walking tours should be taxed
Tax Advisor: Key Aspects of the Beckham Law
The Beckham Law, also called Special Regime, is a tax legislation implemented in certain countries with the purpose of attracting high income individuals, especially sportsmen and celebrities. This regulation has generated extensive discussions due to its tax consequences and implications. Eligibility for the Beckham Law In general, expatriates who choose to move to Spain can… Continue reading Tax Advisor: Key Aspects of the Beckham Law
Tax advisor: Alava adapts its VAT and excise tax rules to the latest modifications in the common territory
In the Official Gazette of the Historical Territory of Alava of August 7, the regulatory decrees of fiscal urgency 3/2023 and 4/2023, issued by the Government Council on August 1, were published. These decrees modify the Normative Decree 12/1993 on Value Added Tax and the Normative Decree of Fiscal Urgency 1/1999 which regulates Special Taxes.… Continue reading Tax advisor: Alava adapts its VAT and excise tax rules to the latest modifications in the common territory
Tax advisor: Parents who transfer the family business with assets not linked to the activity will have to pay taxes for capital gains in the Personal Income Tax
In gifts of family businesses from parents to children, in which assets not linked to the activity are included, the donor will be subject to income tax (IRPF) on a capital gain based on the proportion that these assets represent in the assets of the company. This approach is reflected in a decision of the… Continue reading Tax advisor: Parents who transfer the family business with assets not linked to the activity will have to pay taxes for capital gains in the Personal Income Tax
Tax advisor: Court says correction goes against administrative consistency by not having a sound reason for the change
In its ruling of April 20, 2023, the High Court of Justice of Castilla y León (Valladolid) examines whether the Administration has violated the principle of legal certainty by contradicting its own actions and criteria. The Chamber begins by recalling that there is no complete subjection to past acts or administrative precedents. The Administration may… Continue reading Tax advisor: Court says correction goes against administrative consistency by not having a sound reason for the change
Tax Advisor: The Supreme Court rules that municipalities cannot differentiate fees according to census registration
In its most recent ruling, Supreme Court Ruling No. 1064/2023 issued on July 20, 2023, it is established that a municipality cannot apply differences in a fee for the use of municipal sports facilities such as frontons and swimming pools, based on whether or not the users are registered in the municipality. Registration is not… Continue reading Tax Advisor: The Supreme Court rules that municipalities cannot differentiate fees according to census registration
Tax advisor: The Supreme Court allows the self-employed to deduct late payment interest paid to the Treasury in their personal income tax return.
The recent Supreme Court ruling no. 1091/2023, dated July 24, establishes that, in the field of Personal Income Tax (IRPF), late payment interest related to the taxpayer’s economic activities, whether derived from income verification settlements or suspensions of contested administrative acts, are considered tax-deductible expenses. This interest, classified as financial expenses, is subject to the… Continue reading Tax advisor: The Supreme Court allows the self-employed to deduct late payment interest paid to the Treasury in their personal income tax return.
Tax Advisor: Tax Agency approves controls on mixed use of vehicles in companies
The Tax Agency (AEAT) will henceforth adjust its approach to the transfer of vehicles to employees by companies, increasing the requirements for proof of their professional and personal use. This modification responds to recent decisions of the CJEU, the Audiencia Nacional and the TEAC, which establish that the company must demonstrate the necessity of the… Continue reading Tax Advisor: Tax Agency approves controls on mixed use of vehicles in companies
Tax Advisor: Inheritance Tax in Andalusia: Inheritance tax amount, discounts and conditions
Receiving an inheritance can sometimes be costly. Inheritance and Gift Tax has generated considerable controversy. This is because the amount of this tax can vary significantly depending on the autonomous community of residence. In reality, this tax is national in scope and is payable on the transfer of assets from one individual to another upon… Continue reading Tax Advisor: Inheritance Tax in Andalusia: Inheritance tax amount, discounts and conditions