The referral decision indicates that, according to the German regulations at issue in the main proceedings, specialized resident real estate investment funds are exempt from corporate income tax, while non-residents do not enjoy this exemption. This results in unfavorable treatment for non-resident specialized real estate investment funds, which constitutes a restriction on the free movement… Continue reading Tax Advisor: The obligation to tax real estate income of non-resident investment funds infringes the free movement of capital
Tag: Spain
Tax Advisor: The supply of electricity by the operator of a distribution network is subject to VAT
In the Flemish Region of Belgium, the supply of energy to private individuals is regulated by the Energy Decree, supplemented by the Ministerial Order on Energy. The Flemish Electricity and Gas Regulator (VREG) appointed Fluvius, an inter-municipal cooperation structure made up of thirty-eight Flemish municipalities, as the legal entity in charge of managing the electricity… Continue reading Tax Advisor: The supply of electricity by the operator of a distribution network is subject to VAT
Tax Advisor: The person obliged to pay the capital gains tax by agreement is entitled to rectification and refund of the undue payment
The appealed judgment establishes that, since there is no case law stating that the fulfillment of a contractual obligation alone legitimizes the ability to appeal before the courts to analyze the merits of a tax assessment, it is necessary to abide by article 33 of the General Collection Regulation. According to this article, if the… Continue reading Tax Advisor: The person obliged to pay the capital gains tax by agreement is entitled to rectification and refund of the undue payment
Tax advisor: Application of the transitory regime of the eleventh additional provision of the Personal Income Tax law even if there is an automatic extension or periodic renewal in group insurance.
Until now, the Directorate General of Taxes had maintained that the extension or periodic renewal of temporary renewable insurance policies meant a new insurance and, therefore, the seniority of the initial contract was not maintained, not applying the transitional regime foreseen in Law 35/2006. However, ruling 1665/2020 of the Supreme Court has modified this criterion… Continue reading Tax advisor: Application of the transitory regime of the eleventh additional provision of the Personal Income Tax law even if there is an automatic extension or periodic renewal in group insurance.
Tax advisor: Tax consequences of a transfer of residence from France
A French married couple residing in France is considering moving to Spain and wants to know what tax implications this would have in terms of income tax, wealth tax, inheritance tax and the declaration of their assets abroad. Regarding personal income tax, the income generated by the French companies to which the married couple belongs… Continue reading Tax advisor: Tax consequences of a transfer of residence from France
Tax advisor: The possibility of seizure of the 200 euros subsidy for people with low incomes is discussed
The Directorate General of Taxes has analyzed the possibility of garnishing the 200 euro subsidy aimed at low-income individuals following a recent binding consultation. The starting point is article 169.5 of the General Tax Act, which indicates that goods or rights that are considered unseizable by law, as well as those whose sale cost could… Continue reading Tax advisor: The possibility of seizure of the 200 euros subsidy for people with low incomes is discussed
Tax Advisor: Everything you need to know about the Temporary Solidarity Tax on Large Fortunes
The Personal Income Tax season is full of novelties for the year 2023. One of the most talked about aspects and that is creating more controversy between the different Autonomous Communities is the Tax on Large Fortunes, which is regulated in a different way in this exercise and that still leaves some doubts about who… Continue reading Tax Advisor: Everything you need to know about the Temporary Solidarity Tax on Large Fortunes
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