In its judgment of January 31, 2024, the Superior Court of Justice of Madrid examines two main aspects. First, the validity of a loan granted by the appellant entity to another entity, as well as the consideration of such loan as uncollectible, which would allow its deduction as a loss in the impairment of the… Continue reading The Superior Court of Justice of Madrid has ruled that the deduction for the impairment loss on the loan is valid
Tag: judgment
New Supreme Court ruling on IIVTNU refunds
Recently, a Supreme Court ruling has highlighted the issue of the refund of the IIVTNU, or capital gains local tax. In a communiqué published on the official website of the Judiciary, the ruling issued by the Supreme Court Chamber on February 28th, 2024, is anticipated. The Chamber holds that the restitution of the Tax on… Continue reading New Supreme Court ruling on IIVTNU refunds
New jurisprudence on asset-holding companies
According to the Audiencia Nacional in the present case, it can be inferred that, given the circumstances and evidence presented, the plaintiff company is not carrying out an economic activity as defined by the regulations. Therefore, it cannot be said that more than 50% of its assets are dedicated to an economic activity. The Judgment… Continue reading New jurisprudence on asset-holding companies
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: The presence of simulation through the artificial division of the economic activity of the appellant has not been demonstrated.
The High Court of Justice of Madrid, in its judgment of March 1, 2023, examines the possible artificial division of the appellant’s economic activity for indications of simulation. However, before addressing the merits of the dispute, the Chamber rules on the extension of the term that has occurred in the inspection process. Thus, the Chamber… Continue reading Tax advisor: The presence of simulation through the artificial division of the economic activity of the appellant has not been demonstrated.