The National High Court, in its ruling of March 23, 2023, examines the valuation of the cash pooling contract or centralization of cash management in a group of companies to which the appellant entity belongs. The court notes that the appellant differentiates between a loan and a deposit, treating it as a financial entity and… Continue reading Tax advisor: The National High Court considers the asymmetry in the case of cash pooling zero balancing unjustified, especially when the pooling entity does not provide added value
Tag: National Audience
Tax advisor: The tax benefit related to the tax deduction of the financial goodwill cannot be applied
In the Ruling of February 28, 2023, the National Audience examines whether the tax benefit related to the financial goodwill tax deduction set forth in Article 12.5 of the TRLIS, which the taxpayer used in its corporate income tax returns for the years 2008 and 2009, is applicable to the current case. This arises as… Continue reading Tax advisor: The tax benefit related to the tax deduction of the financial goodwill cannot be applied
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
