In its recent ruling on October 2, 2023, the Supreme Court has declared the following doctrine: “1. The subsidiary tax liability under Article 43.1.a) of the LGT has a punitive nature. Such punitive nature does not prevent the legislator, within constitutional limits, from modulating the inapplicability regime of punitive acts, including those based on the… Continue reading Tax advisor: The Supreme Court rules that the subsidiary liability under Article 43.1.a) of the LGT has a punitive nature
Tag: General Tax Law
Tax advisor: Modification of the LGT, the LIVA, the LIS and other tax regulations
On 25 May 2023, Law 13/2023 has been published in the BOE , of May 24, which amends the General Tax Law (LGT) to transpose Council Directive (EU) 2021/514 in relation to administrative cooperation in the field of taxation, together with other tax regulations. Specifically, this regulation introduces changes to the Value Added Tax Law… Continue reading Tax advisor: Modification of the LGT, the LIVA, the LIS and other tax regulations
Tax advisor: Tax developments in administrative cooperation in the fiscal area and other tax regulations
Law 58/2003 of December 17, 2003, General Tax Law, following the guidelines of Council Directive (EU) 2021/514 of March 22, 2021, which alters Directive 2011/16/EU on administrative cooperation in the field of taxation, and other tax provisions, has been approved and is ready for its disclosure in the BOE and its implementation. The purpose of… Continue reading Tax advisor: Tax developments in administrative cooperation in the fiscal area and other tax regulations
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.