The Spanish Supreme Court pronounces on the limits of the Administration when determining qualification, simulation and conflict in the application of the rule.
Tag: jurisprudence
The Supreme Court enables the deduction of Corporate Tax in prescribed fiscal years
The Supreme Court has endorsed the possibility for entities to deduct, within the scope of Corporate Tax, amounts that have been incorrectly recorded in different fiscal periods, even when the period in which the records were made has expired. In this regard, the high court contradicts the criterion held by the tax administration, which argues… Continue reading The Supreme Court enables the deduction of Corporate Tax in prescribed fiscal years
Tax advisor: Legal Analysis of Revolving Cards: The Judgment of the Supreme Court
The judgment of the Supreme Court (No. 1492/2023, October 27) reexamines revolving credit cards, assessing the usurious nature of the interest rate. It emphasizes that exceptional circumstances justifying an interest rate higher than the normal should be considered when granting financing or modifying the interest rate. The case involved a revolving credit card contract with… Continue reading Tax advisor: Legal Analysis of Revolving Cards: The Judgment of the Supreme Court
Tax advisor: The Spanish Tax Authorities warn about the legal uncertainty caused by the continuous change in the Supreme Court´s criteria
The doctrine of the Supreme Court establishes, since January of this year, that late payment interest related to improper income refunds are subject to taxation in the Personal Income Tax (IRPF) and are included in its general base as non- transferable capital gain. A ruling by the Supreme Court has thus modified the doctrine established… Continue reading Tax advisor: The Spanish Tax Authorities warn about the legal uncertainty caused by the continuous change in the Supreme Court´s criteria
Tax advisor: The Supreme Court seeks to clarify jurisprudence on municipal capital gains tax following multiple Constitutional Court rulings
The Constitutional Court ruled in 2017 that imposing a tax when there has been no economic gain is not legal and that this tax is contrary to the principle of economic capacity established in Article 31.1 of the Constitution. Another Constitutional Court ruling on October 26, 2021, determined over three years later that the method… Continue reading Tax advisor: The Supreme Court seeks to clarify jurisprudence on municipal capital gains tax following multiple Constitutional Court rulings
Tax advisor: The jumping error in the Inheritance and Gift Tax (ISD) does not occur when a reduction is not applied, since there has not been an increase in the tax amount that exceeds the established base.
The objective of this appeal, from the perspective of the objective interest in the formation of case law, is to determine, when interpreting article 56.3 of the General Tax Act (LGT), what should be the criterion for determining the existence of the leap error. This is done either by taking as a reference the taxable… Continue reading Tax advisor: The jumping error in the Inheritance and Gift Tax (ISD) does not occur when a reduction is not applied, since there has not been an increase in the tax amount that exceeds the established base.
Tax Advisor: The CJEU establishes case law regarding the exemption of dividends received by a resident parent company which is not part of a group in tax consolidation.
The referring court seeks to clarify the implications of the judgment of the Court of Justice of the European Union (CJEU), known as Groupe Steria. In this judgment, the CJEU ruled that Article 49 of the Treaty on the Functioning of the European Union (TFEU) precludes a regulation of a Member State relating to a… Continue reading Tax Advisor: The CJEU establishes case law regarding the exemption of dividends received by a resident parent company which is not part of a group in tax consolidation.