Tag: Spain

Tax advisor: Fiscal resolution for foreign workers: Startup Law and Beckham Law in Spain

In a last-minute decision, the Ministry of Finance resolves the uncertainty affecting foreign workers who moved to Spain in 2022 or 2023 to undertake activities or perform highly qualified functions, as established in the Startup Law of December 2022. These workers had the option to benefit from the special tax regime for expatriates, known as… Continue reading Tax advisor: Fiscal resolution for foreign workers: Startup Law and Beckham Law in Spain

Tax advisor: Exit Tax in Spain

  The Exit Tax, also known as the “exit tax,” is configured as a tax designed to levy the transfer of assets outside of Spain. This measure aims to prevent individuals and companies from moving their assets to jurisdictions with more favorable tax regimes to avoid taxes in hypothetical future transfers. It is worth noting… Continue reading Tax advisor: Exit Tax in Spain

Tax Advisor: Digital Nomads in Spain: Challenges and opportunities in a globalized world

The presence of Digital Nomads in Spain has been essential for the modernization of the labor market , providing workers with complete freedom and companies with the ability to recruit global talent. However, these promises are affected by labor and tax complexities that vary depending on the type of employment and location. According to the… Continue reading Tax Advisor: Digital Nomads in Spain: Challenges and opportunities in a globalized world

Tax Advisor: Spain as a Top Destination for Digital Nomads: Unraveling the Emerging Business Law

Spain advances in the ranking of the most attractive places for digital nomads after this modification in the regulations, as a result of the recent approval of the law promoting the development of the emerging business ecosystem (Law 28/2022, of December 21) or Startup Law. The changes and advantages introduced in the new regulation of… Continue reading Tax Advisor: Spain as a Top Destination for Digital Nomads: Unraveling the Emerging Business Law

Tax advisor:The National Court orders the refund of withholding taxes to foreign investment funds in Spain

The National Court has been resolving appeals filed by non-resident investment funds challenging the withholdings applied by the Tax Agency to dividends from Spanish companies. These withholdings, imposed at a rate of 15%, were deemed unfair compared to the 1% applied to similar institutions resident in Spain. As a result of the Supreme Court’s judgments… Continue reading Tax advisor:The National Court orders the refund of withholding taxes to foreign investment funds in Spain

Tax advisor: Fiscal Treatment of the Sale of shares in photovoltaic solar park development companies and its temporal allocation in the corporate income tax

Subsidiaries engaged in promoting photovoltaic solar parks are not considered holding companies, as they are involved in an economic activity. If these entities manage production resources or human capital to participate in the production or distribution of goods or services in the market, they may qualify for a tax exemption under Article 21 of the… Continue reading Tax advisor: Fiscal Treatment of the Sale of shares in photovoltaic solar park development companies and its temporal allocation in the corporate income tax

Tax advisor: The imposition of abusive agreements from a criminal perspective

Abuse of the majority in the adoption of agreements is punishable both from a civil or commercial perspective, when these exceed the normal limits of the exercise of the rights, causing damage to third parties (art. 7.2 of the Civil Code) and from a criminal perspective (art. 291 of the Criminal Code). Throughout this article… Continue reading Tax advisor: The imposition of abusive agreements from a criminal perspective

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: Foreign Securities Holding Entities (ETVE): Considerations about the application of the ETVE regime

ETVEs are efficient corporate vehicles for investments abroad. These entities benefit from a special tax regime that significantly reduces the tax burden on foreign profits, which makes these vehicles highly attractive to international investors. However, the application of the special tax regime requires the fulfilment of several requirements. In the following, we will discuss the… Continue reading Tax advisor: Foreign Securities Holding Entities (ETVE): Considerations about the application of the ETVE regime