An Italian company engaged in the storage and transport of petroleum products was merged by absorption. As an authorized warehouse keeper, it made 196 shipments of hydrocarbons (diesel and gasoline) from its tax warehouse in Italy to a company in Slovenia, which was authorized to receive these products as a registered trader. However, the Customs… Continue reading Tax advisor: According to the CJEU, the unauthorized removal of an excise goods from the suspension regime precludes tax exemption for the authorized warehousekeeper.
Tag: Excise Duties
Tax advisor: Is deduction the same as tax relief?
Deduct and deduct are two common terms in the context of Personal Income Tax (IRPF) that are frequently used. These terms relate to opportunities to reduce the amount of tax payable, something that the self-employed should understand. When we refer to the deduction in the income tax return, we are talking about the possibility of… Continue reading Tax advisor: Is deduction the same as tax relief?
Tax advisor: The CJEU considers that the sanction and revocation of authorization for tax warehouse do not violate proportionality principle in case of serious excise duty infringements
Both the financial penalty and the revocation of the authorization to operate a tax warehouse were applied due to a serious infringement of the excise duty regime committed by the company in question, as considered by national law. The revocation of the authorization was taken after the pecuniary penalty, based on an assessment of the… Continue reading Tax advisor: The CJEU considers that the sanction and revocation of authorization for tax warehouse do not violate proportionality principle in case of serious excise duty infringements
Tax advisor: Navarra has made changes to its VAT and Excise Tax regulations in order to harmonize them with those of the common territory.
Today, July 17, the Official Gazette of Navarra published in the Official Gazette of Navarra the FORAL LEGISLATIVE DECREE 3/2023, of June 21, on tax harmonization. With this measure, Navarre seeks to align its regulations on Value Added Tax (VAT) and Excise Duties with those of the common territory. It includes the amendments made at… Continue reading Tax advisor: Navarra has made changes to its VAT and Excise Tax regulations in order to harmonize them with those of the common territory.
Tax advisor: Issuance of explanatory notes on excise taxes by the AEAT
The Tax Agency has issued 4 explanatory notes related to excise taxes, which are available on its website. In one of the notes, the Tax Agency addresses the issue of the period of validity of old tax seals affixed to beverages derived from January 2023. According to the AEAT, it considers it appropriate to continue… Continue reading Tax advisor: Issuance of explanatory notes on excise taxes by the AEAT
Tax Advisor: Changes in the VAT Law and in the Excise Taxes Law
On May 9th, 2023, Law 11/2023 of May 8th was published in the Official State Gazette (BOE), which transposes the European Union Directives regarding the accessibility of certain products and services, the migration of highly skilled individuals, taxation and the digitalization of notary and registry processes. Also, an amendment is made to Law 12/2011 of… Continue reading Tax Advisor: Changes in the VAT Law and in the Excise Taxes Law
Tax Advisor: Extension of the deductions in the Personal Income Tax of the Community of Madrid for 2023
Law 10/2023, of April 12th, which has been published in the Official Gazette of the Community of Madrid, has modified the Law of Madrid’s Assigned Taxes. The objective is to incentivize improvements in rental housing through the introduction of new deductions in the Personal Income Tax. New measures Among all the new measures we will… Continue reading Tax Advisor: Extension of the deductions in the Personal Income Tax of the Community of Madrid for 2023
Tax advisor: The bank certificate is sufficient to prove the loss due to the transfer of financial investments between related companies
The question that arises is the deductibility of losses due to the transfer of financial investments between related companies. The Administration has denied the deduction of the due to the bankruptcy of the related company, considering that the evidence provided by the plaintiff was insufficient. The Chamber considers that the subject matter of the appeal… Continue reading Tax advisor: The bank certificate is sufficient to prove the loss due to the transfer of financial investments between related companies
Tax advisor: Without business concealment, there is no simulation
According to the principles of the General Theory of Law, when a contract is entered into for a different purpose than the one normally attributed to it, a defect in the cause may arise. This situation can be divided into two types of contracts: those with a false cause, in which the parties do not… Continue reading Tax advisor: Without business concealment, there is no simulation
Tax advisor: The Supreme Court partially upholds the challenge on the derivations of joint and several liability of article 42.2 of the General Tax Act.
The Supreme Court ruled in appeal 3742/2021 on this matter. The objective was to establish whether, in cases in which a declaration of liability under article 42.2.a) of the General Tax Act is partially annulled by a court judgment, decreasing its scope, the tax administration has the obligation to issue a new declaratory act of… Continue reading Tax advisor: The Supreme Court partially upholds the challenge on the derivations of joint and several liability of article 42.2 of the General Tax Act.
