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.
Tag: Spain
Tax advisor: The correct benefit indicator to be computed in the Corporate Tax is the cost of personnel, being this the element that contributes the most added value to the final product
The Superior Court of Justice of Valencia has evaluated whether the valuation of the operations carried out by the Administration is correct, specifically in relation to the profit indicator used, which has been the cost of personnel. The appellant argues that the method of valuation of the net operating profit should be based on total… Continue reading Tax advisor: The correct benefit indicator to be computed in the Corporate Tax is the cost of personnel, being this the element that contributes the most added value to the final product
Tax advisor: Tax compensation for landlords who reduce the rent of their apartment by more than 5%.
The current text of the Housing Law sets a ceiling on rental prices and reduces from ten to five the number of properties needed to be considered a large owner. In addition, tax incentives for landlords are incorporated: in the case of rentals of regular housing in stressed areas, the reduction in Personal Income Tax… Continue reading Tax advisor: Tax compensation for landlords who reduce the rent of their apartment by more than 5%.
Tax advisor: The Beckham Law and the modifications in the Startups Law
The Beckham Law, or the special tax regime for workers posted to Spanish territory, has undergone several modifications with the so-called Startups Law in order to attract from abroad those entrepreneurs and talents who want to develop their practical function in Spain. To put in context, it is important to remember that the Beckham Law… Continue reading Tax advisor: The Beckham Law and the modifications in the Startups Law
Tax advisor: Should the severance pay be declared in the Personal Income Tax return?
When it is time to file the Personal Income Tax return, taxpayers often do not know if they have to pay taxes on severance payments received in the last year. This will vary depending on the taxpayer’s case. The Personal Income Tax Act regulates the taxation of severance payments in its article 7, which establishes… Continue reading Tax advisor: Should the severance pay be declared in the Personal Income Tax return?
Tax advisor: The family loan used to pay off the mortgage of the principal residence is deductible
According to a recent consultation of the General Tax Directorate (DGT), those taxpayers who are still entitled to deduct in the Personal Income Tax the amounts invested in their principal residence can continue to deduct these amounts, even if they cancel the mortgage with which they acquired the property and replace it with a family… Continue reading Tax advisor: The family loan used to pay off the mortgage of the principal residence is deductible
Tax Advisor: Reiteration of the harmful aspect of the Temporary Solidarity Tax on Large Fortunes
The Constitutional Court has admitted the appeal of the Junta de Andalucía and the Community of Madrid on the Temporary Solidarity Tax on Large Fortunes, confirming its initial decision not to suspend it. The Community of Madrid continues to emphasize that it could infringe fundamental principles such as legal certainty, economic capacity, non-confiscation, as well… Continue reading Tax Advisor: Reiteration of the harmful aspect of the Temporary Solidarity Tax on Large Fortunes
Tax advisor: Situations in which it is possible to revoke the tax ID granted
The tax identification number, or NIF, is an indispensable element for any company. The cancellation of this number by the Tax Agency is one of the toughest decisions that can be taken against a company. Article 147 of the General Regulations on tax management and inspection actions and procedures has been modified in certain aspects… Continue reading Tax advisor: Situations in which it is possible to revoke the tax ID granted
Tax advisor: Precautionary suspension by the Supreme Court of the second paragraph of article 45.4.b) of RGAT
The Contentious-Administrative Chamber of the Supreme Court has ruled and decided to suspend as a precautionary measure the second paragraph of article 45.4.b) of the RGAT (General Regulation of the actions and procedures for tax management and inspection and for the development of the common rules of the procedures for the application of taxes). The… Continue reading Tax advisor: Precautionary suspension by the Supreme Court of the second paragraph of article 45.4.b) of RGAT
Tax advisor: Patronage tax rebate for professionals who donate services
Presented the agreement with the Ministry of Finance to bring forward the tax rebate for patronage to professionals who provide their services on an altruistic basis. In addition to increasing tax deductions in personal income tax and corporate income tax for those individuals or companies that make contributions to non-profit organizations, the new text also… Continue reading Tax advisor: Patronage tax rebate for professionals who donate services