The Regional Government Council of Alava approved the modification of the Personal Income Tax Regulations by means of Regional Decree 17/2023, published in the Official Gazette of the Historical Territory of Alava. These amendments have been made in response to the changes made in the Foral Regulation 33/2013 on Personal Income Tax, which requires an… Continue reading Tax advisor: Álava amends its Personal Income Tax Regulations in order to comply with the new developments in relation to the Beckham Law and investment deductions.
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Tag: Spain
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: The minimum tax rate of 15% that the Treasury will apply to corporations is appealed
The global minimum tax of 15% for multinationals and large national groups, which the Treasury plans to approve at the end of this year in compliance with a European directive, has been appealed before the General Court of the European Union (GCEU). This measure will apply from 2024 and will affect companies with an annual… Continue reading Tax advisor: The minimum tax rate of 15% that the Treasury will apply to corporations is appealed
Tax advisor: Tax benefit for large family before the birth of the third child
A family with two children and the pregnant woman have obtained a favorable ruling by the Regional Economic Administrative Court (TEAR) of Madrid in their request to be recognized as a large family for the payment of the Transfer Tax and Stamp Duty (Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados). When acquiring a property,… Continue reading Tax advisor: Tax benefit for large family before the birth of the third child
Tax advisor: Severance pay under the Beckham Law
In the case of the special regime for workers posted to Spain, or Beckham Law (article 93 of the Personal Income Tax Law – LIRPF), the Personal Income Tax liability is determined according to the rules established in the Non-Resident Income Tax (IRNR) for income obtained without a permanent establishment, with certain particularities, such as… Continue reading Tax advisor: Severance pay under the Beckham Law
Tax advisor: 40% reduction on benefits from two or more pension plans
When receiving payments from different pension plans, the transition regime established in the tax regulations allows the reduction to be applied to such payments, as long as certain requirements are met. This transition regime can be applied to all amounts received in the form of a single payment (capital) in the year in which the… Continue reading Tax advisor: 40% reduction on benefits from two or more pension plans
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.
Tax advisor: Taxation and control in the investment of cryptoassets
Some 12% of the Spanish population currently holds investments in cryptocurrencies. This growing trend has led the tax authorities to ask companies to declare their clients’ cryptocurrency balances. However, what is the difference between a cryptocurrency and a cryptoasset? When should the corresponding declaration be made for each of them? Several questions arise regarding this… Continue reading Tax advisor: Taxation and control in the investment of cryptoassets
Tax advisor: VAT exemption applies to services provided by non-resident companies
The referring court holds that, according to Article 132(1)(g) of the VAT Directive, in order to achieve the stated objective, it is irrelevant whether the suppliers and beneficiaries of services that may be exempted from VAT are resident or established in a single Member State or in two Member States. The exemption under this provision… Continue reading Tax advisor: VAT exemption applies to services provided by non-resident companies
Tax advisor: Tax innovations in the Startup Law
In recent times, we are familiar with the fact that tax and legislative updates usually imply an increase in the tax burden. However, the recent Law 28/2022, Startup Ecosystem Encouragement Law, also known as Startups Law, has introduced some welcome tax innovations. A startup is considered as such when it meets a series of criteria… Continue reading Tax advisor: Tax innovations in the Startup Law