The Directorate General of Taxes imposes the VAT return on the electronic platforms intermediary in the sale of NFTs instead of on the artists who create them and use these portals for their commercialization. According to Tributos’ June 15 response to a query raised by a taxpayer, “digital art” services involving the sale of NFTs… Continue reading Tax advisor: Portals that sell NFTs must face VAT, not the creators
Tag: Europe
Tax advisor: Expanding the discussion on the possible unconstitutionality of Royal Decree-Law 3/2016
The Supreme Court has accepted two appeals in cassation to analyze the conformity with the Constitution of Article 3.1 of Royal Decree-Law 3/2016. This decree establishes tax measures to strengthen public finances and address urgent social issues. These appeals are filed against rulings of the High Court of Justice of Catalonia, issued on July 29,… Continue reading Tax advisor: Expanding the discussion on the possible unconstitutionality of Royal Decree-Law 3/2016
Tax advisor: If the judgment does not rule on the legal conformity of the act, the limit that prevents the special review of acts confirmed by final judgments does not apply
The interpretation of articles 106 and 47.1.f) of Law 39/2015 (Common Administrative Procedure Act) together with article 222 of the Civil Procedure Act, allows concluding that the ex officio review of an administrative act, which has been declared produced by positive silence in a final judgment, is not prevented by the positive effect of res… Continue reading Tax advisor: If the judgment does not rule on the legal conformity of the act, the limit that prevents the special review of acts confirmed by final judgments does not apply
Tax advisor: Navarre extends VAT reduction on foodstuffs in 2023 due to conflict in Ukraine
On July 24, 2023, it has been made public in the Official Gazette of Navarra the enactment of the Foral Legislative Decree 4/2023, dated July 5, regarding tax harmonization. This decree establishes the extension of the reduction of the value added tax (VAT) rates applied to certain foodstuffs in the region. This measure was included… Continue reading Tax advisor: Navarre extends VAT reduction on foodstuffs in 2023 due to conflict in Ukraine
Tax advisor: The economic-administrative courts order reimbursements of the Personal Income Tax for contributions to former mutual insurance companies
The economic-administrative courts now recognize the right of retirees who previously made contributions to the former mutual insurance companies. These retirees can deduct 25% of those contributions from the Personal Income Tax base and also claim reimbursement of the overpayments from the Treasury in their income tax returns for the last four years, periods that… Continue reading Tax advisor: The economic-administrative courts order reimbursements of the Personal Income Tax for contributions to former mutual insurance companies
Tax advisor: The use of modules based on the cadastral value does not allow an accurate determination of the real value of the property due to its generality and lack of specific relationship
The jurisprudence of the Supreme Court establishes that, in order to challenge the economic valuation made by the taxpayer in his tax return, the Administration must substantiate and explain the reasons that justify its discrepancy with respect to the declared value, which the law presumes to be true when referring to the price of the… Continue reading Tax advisor: The use of modules based on the cadastral value does not allow an accurate determination of the real value of the property due to its generality and lack of specific relationship
Tax Advisor: The Supreme Court annuls the obligation to file Personal Income Tax return electronically
The Supreme Court has annulled the obligation imposed by the Ministry of Finance in March 2019, which required all IRPF taxpayers to file their Income Tax Return electronically. Following the ruling of July 11 of this year, taxpayers may choose to file their return on paper if they so wish, without being obliged to do… Continue reading Tax Advisor: The Supreme Court annuls the obligation to file Personal Income Tax return electronically
Tax Advisor: The Supreme Court ratifies the importance of accurately identifying the witnesses or samples in the valuation of the verification of values
In numerous previous rulings, the Supreme Court has addressed the question of the need for the expert of the Administration to make a direct visit to the property being valued in order to issue his opinion. However, the appealed judgment considers that this visit is not necessary, which contradicts the criterion established by the Court.… Continue reading Tax Advisor: The Supreme Court ratifies the importance of accurately identifying the witnesses or samples in the valuation of the verification of values
Tax advisor: The Supreme Court considers consolidated the IIVTNU files not challenged until the date of the Constitutional Court ruling 182/2021, without taking into account its publication in the BOE
In a ruling issued on July 12, 2023, the Supreme Court interprets that the intention of the Constitutional Court, according to ruling 182/2021 of October 26, 2021, is to establish the intangibility of consolidated situations as of the date of the ruling, and not that of its publication. In addition, it is clarified that a… Continue reading Tax advisor: The Supreme Court considers consolidated the IIVTNU files not challenged until the date of the Constitutional Court ruling 182/2021, without taking into account its publication in the BOE
Tax advisor: Balearic Islands eliminates Inheritance and Gift Tax in some cases and decreases Transfer Tax and Stamp Duty when acquiring properties
The tax fight between the autonomous communities experiences a new advance reaching the Balearic Islands. In that sense, they have announced the elimination of Inheritance and Gift Tax on acquisitions between parents and children, grandparents and grandchildren and between spouses. In addition, they have reduced Transfer Tax and Stamp Duty on the purchase of first… Continue reading Tax advisor: Balearic Islands eliminates Inheritance and Gift Tax in some cases and decreases Transfer Tax and Stamp Duty when acquiring properties