Tax advisor: Are the invoicing services provided by the pharmaceutical association to certain members of the association, who pay a fee, exempt from VAT?

The plaintiff professional association was subject to inspections that led to the imposition of VAT and IS assessments for the years 2014 to 2017 (VAT) and 2013 to 2017 (IS). The Administration considered that the invoicing services provided by the Official College of Pharmacists to the members of the college owning pharmacy offices should be… Continue reading Tax advisor: Are the invoicing services provided by the pharmaceutical association to certain members of the association, who pay a fee, exempt from VAT?

Tax advisor: Supreme Court to rule on restrictions on free movement of capital, derived from IRNR regulations, for U.S. resident mutual funds

The contested ruling notes that there is a significant increase in cases involving the taxation of non-resident collective investment schemes that receive dividends from Spanish companies. In many cases, these institutions are resident in countries with which Spain has agreements to avoid double taxation. In this type of situation, the key issue is the neutralization… Continue reading Tax advisor: Supreme Court to rule on restrictions on free movement of capital, derived from IRNR regulations, for U.S. resident mutual funds

Tax advisor: Supreme Court to rule on restrictions on free movement of capital, derived from IRNR regulations, for U.S. resident mutual funds

The contested ruling notes that there is a significant increase in cases involving the taxation of non-resident collective investment schemes that receive dividends from Spanish companies. In many cases, these institutions are resident in countries with which Spain has agreements to avoid double taxation. In this type of situation, the key issue is the neutralization… Continue reading Tax advisor: Supreme Court to rule on restrictions on free movement of capital, derived from IRNR regulations, for U.S. resident mutual funds

Tax advisor: Can the remuneration of the partner/administrator/empowered be deducted if it is duly registered and supported by documents?

The contested ruling holds that even if the spouses do not perform the activities invoiced and the partnership hires third parties for such activities, the same conclusion cannot be applied to them due to their status as absolute owners and controllers of the partnership, which precludes considering their relationship as an employment relationship. The Supreme… Continue reading Tax advisor: Can the remuneration of the partner/administrator/empowered be deducted if it is duly registered and supported by documents?

Tax Advisor: The Supreme Court prohibits holding a minor with no income responsible for the tax debts of his parents in the form of joint Personal Income Tax taxation

The Supreme Court, in a sentence advanced in a note of the Judiciary, has determined that the Treasury cannot make a minor with no income jointly and severally liable for the tax debts of his parents in the modality of joint taxation of the Personal Income Tax (IRPF) of the family unit. The ruling is… Continue reading Tax Advisor: The Supreme Court prohibits holding a minor with no income responsible for the tax debts of his parents in the form of joint Personal Income Tax taxation

Tax advisor: Tax benefits that small companies can use in the Corporate Income Tax

In this corporate tax filing season, it is important to remember that small companies are entitled to attractive tax incentives, such as the freedom of depreciation for job creation or double depreciation. Below we will explain what these incentives are and the requirements that must be met. It is essential to bear in mind that… Continue reading Tax advisor: Tax benefits that small companies can use in the Corporate Income Tax

Tax advisor: Possibility of deducting the remuneration of the directors of a company in the Corporate Tax

The consideration of the deduction as an expense of the partners’ salary in Corporate Tax has been the subject of controversy between the Tax Authorities and the companies, an issue on which the Supreme Court has issued several opinions, although not in an enlightening manner. In the recent Supreme Court Ruling of June 27th (not… Continue reading Tax advisor: Possibility of deducting the remuneration of the directors of a company in the Corporate Tax

Tax advisor: Improved tax deduction for investing in new or newly created companies

Law 28/2022, approved on December 21, has introduced improvements to the deduction for investment in start-up companies as established in article 68.1 of the Personal Income Tax Law (LIRPF). These improvements include an increase in the deduction percentage from 30% to 50% and an increase in the maximum deduction base from 60,000 to 100,000 euros… Continue reading Tax advisor: Improved tax deduction for investing in new or newly created companies

Tax advisor: The Supreme Court validates evidence obtained by the Treasury in home entry without prior notification of the start of the inspection process

Not every violation of the right to inviolability of the home automatically implies a violation of the right to due process. The application of Article 11.1 of the LOPJ requires a considered analysis to determine whether there is a connection between the interference with the fundamental right and the obtaining of evidence. In addition, it… Continue reading Tax advisor: The Supreme Court validates evidence obtained by the Treasury in home entry without prior notification of the start of the inspection process

Tax advisor: Treasury will have to reimburse large amounts to reverse the penalties of model 720

Treasury will face numerous millionaire refunds after having incorrectly applied the penalties for the declaration of assets abroad. This is due to an unfavorable ruling by the Tax Agency (AEAT), backed by both the Spanish judiciary and the European Court, which considered the fines imposed on taxpayers for hiding assets abroad to be excessive. As… Continue reading Tax advisor: Treasury will have to reimburse large amounts to reverse the penalties of model 720