Tag: Individual Income Tax
Tax advisor:The National Court orders the refund of withholding taxes to foreign investment funds in Spain
The National Court has been resolving appeals filed by non-resident investment funds challenging the withholdings applied by the Tax Agency to dividends from Spanish companies. These withholdings, imposed at a rate of 15%, were deemed unfair compared to the 1% applied to similar institutions resident in Spain. As a result of the Supreme Court’s judgments… Continue reading Tax advisor:The National Court orders the refund of withholding taxes to foreign investment funds in Spain
Tax advisor: Fiscal Treatment of the Sale of shares in photovoltaic solar park development companies and its temporal allocation in the corporate income tax
Subsidiaries engaged in promoting photovoltaic solar parks are not considered holding companies, as they are involved in an economic activity. If these entities manage production resources or human capital to participate in the production or distribution of goods or services in the market, they may qualify for a tax exemption under Article 21 of the… Continue reading Tax advisor: Fiscal Treatment of the Sale of shares in photovoltaic solar park development companies and its temporal allocation in the corporate income tax
Tax advisor: The imposition of abusive agreements from a criminal perspective
Abuse of the majority in the adoption of agreements is punishable both from a civil or commercial perspective, when these exceed the normal limits of the exercise of the rights, causing damage to third parties (art. 7.2 of the Civil Code) and from a criminal perspective (art. 291 of the Criminal Code). Throughout this article… Continue reading Tax advisor: The imposition of abusive agreements from a criminal perspective
Tax advisor: Foreign Securities Holding Entities (ETVE): Considerations about the application of the ETVE regime
ETVEs are efficient corporate vehicles for investments abroad. These entities benefit from a special tax regime that significantly reduces the tax burden on foreign profits, which makes these vehicles highly attractive to international investors. However, the application of the special tax regime requires the fulfilment of several requirements. In the following, we will discuss the… Continue reading Tax advisor: Foreign Securities Holding Entities (ETVE): Considerations about the application of the ETVE regime
Tax advisor: EU Directive proposals and their impact on multinational companies’ taxation
The European Union has presented two directive proposals that could have a significant impact on the taxation of multinational corporations in Europe. Both proposals fall under the umbrella of BEFIT but differ in their objectives and scope.One of them pertains to the regulation of transfer pricing and aims to incorporate the principle of fair competition… Continue reading Tax advisor: EU Directive proposals and their impact on multinational companies’ taxation
Tax advisor:Analysis of the justification for applying the median in transfer pricing adjustment
In the opinion of the National High Court, the justification provided by the tax authority regarding the excessive breadth of the profit margins is not considered detailed enough to support the application of the median as explained. Therefore, this objection is accepted, and it is determined that the application of the lower point within the… Continue reading Tax advisor:Analysis of the justification for applying the median in transfer pricing adjustment
Tax advisor: The Central Economic-Administrative Court (TEAC) establishes criteria affecting family business succession
Spanish Tax Authority,requires donors to apply capital gains tax in the IRPF on assets transferred in the operation that are not related to business activity. According to a resolution by The Central Economic Administrative Tribunal (TEAC) has upheld an approach that discourages the transfer of family businesses during the owner’s lifetime. According to a TEAC… Continue reading Tax advisor: The Central Economic-Administrative Court (TEAC) establishes criteria affecting family business succession
Tax advisor: Key changes in Spanish tax legislation in compliance with the EU Directive 2021/514
Law 13/2023, which amends the General Tax Law and other tax regulations in compliance with EU Directive 2021/514, establishes in its Final Provision 5th a new wording of the limitation rule for the deductibility of financial expenses in Article 16 of the Corporate Income Tax Law (LIS). This modification is carried out to align Spanish… Continue reading Tax advisor: Key changes in Spanish tax legislation in compliance with the EU Directive 2021/514
Tax advisor: Franchised VAT, is it all it seems?
2024 is shaping up to be the year when taxpayers under the simplified VAT regime and in objective estimation for income tax (IRPF) should start planning their transition and adapting to the recent tax regimes. For the past few months, the government and social agents have been discussing the implementation of European Directive 2020/285, which… Continue reading Tax advisor: Franchised VAT, is it all it seems?
