Tax advisor: The documentation provided by a company does not represent a complete idea of the monetary flow that would justify the bank balance detected by the Inspection as previously hoarded money, and not as undeclared income in the Corporate Tax

In its ruling of February 17, 2023, the High Court of Justice of Andalusia (TSJA) examines whether it is appropriate to increase the tax base due to the discovery of a hidden asset. In particular, it deals with cash income that the Inspection presumes to correspond to undeclared income and that must be considered as… Continue reading Tax advisor: The documentation provided by a company does not represent a complete idea of the monetary flow that would justify the bank balance detected by the Inspection as previously hoarded money, and not as undeclared income in the Corporate Tax

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.