Last February, the Superior Court of Justice (TSJ) of Madrid analyzed the offsetting of tax losses. Due to a series of data and circumstances, the Chamber affirms that in January 2018 the Tax Agency limited itself to adjust the amount of the negative tax bases of the protagonist entity in its self-assessment of the 2016… Continue reading Tax advisor: The declaration of non-existence of tax losses pending application is projected on the year 2016
Tag: Spain
Tax advisor: Conditioned flexibility in the accreditation of tax residence
The accreditation of tax residence is not given in the same way in all cases. There is a conditional flexibility which means that there are different cases in which this accreditation can be put into practice. The reason for this flexibility is due to the fact that the regulations require in some cases the contribution… Continue reading Tax advisor: Conditioned flexibility in the accreditation of tax residence
Tax advisor: Taxpayers under the special regime for posted workers are taxpayers of the ITSGF
The Ministry of Finance has issued a note establishing guidelines with the aim of facilitating voluntary compliance with the tax obligations of artists and sportsmen and women who are non-residents in Spain. In consultation V0424-23 the General Directorate of Taxes (DGT) clarifies that taxpayers under the special regime for posted workers are taxpayers of the… Continue reading Tax advisor: Taxpayers under the special regime for posted workers are taxpayers of the ITSGF
Tax advisor: Do the management bodies have auditing powers with respect to entities taxed under special regimes?
The Central Economic Administrative Court (TEAC), in accordance with the question regarding the competence of the tax management bodies for the verification of entities taxed under special regimes, resolves in an extraordinary appeal for the unification of criterion. All those actions involving investigations or checks on taxpayers under the special regimes provided for in the… Continue reading Tax advisor: Do the management bodies have auditing powers with respect to entities taxed under special regimes?
Tax Advisor: Published the Royal Decree 249/2023 which incorporates tax innovations
The BOE has published the Royal Decree 249/2023 which incorporates numerous tax innovations. The points to be discussed are several. This Royal Decree contains several regulatory amendments in the tax area. Tax modifications of the Royal Decree 249/2023 – Modifications in the matter of reiteration of applications. Includes a change in Royal Decree 520/2005 with… Continue reading Tax Advisor: Published the Royal Decree 249/2023 which incorporates tax innovations
Tax advisor: When should the start of the computation of the limitation period of the right to a refund be placed?
We refer to the inspection regularization of the Corporate Income Tax that reduces the deductible expense of the payer for amounts paid to a non-resident for the concept of royalties. Likewise, the possibility of opening the statute of limitations period for the right to the refund of the withholding on the amount paid is questioned.… Continue reading Tax advisor: When should the start of the computation of the limitation period of the right to a refund be placed?
Tax Advisor: Tax Agency issues a note on the taxation of non-resident artists and sportsmen and sportswomen
The Ministry of Finance has issued a note establishing guidelines with the aim of facilitating voluntary compliance with the tax obligations of artists and sportsmen and women who are non-residents in Spain. The Non-Resident Income Tax Law considers artistic or sports income as a species within the broader genre of income derived from economic activities… Continue reading Tax Advisor: Tax Agency issues a note on the taxation of non-resident artists and sportsmen and sportswomen
Tax advisor: Modifications to the Economic Agreements with Navarre and the Basque Country
The BOE of April 4th published the modifications of the Economic Agreements with Navarra and the Basque Country. Law 8/2023, which amends Law 28/1990 and approves the Economic Agreement between the State and the Autonomous Community of Navarre; Law 9/2023, which amends Law 12/2002 and approves the Economic Agreement with the Autonomous Community of the… Continue reading Tax advisor: Modifications to the Economic Agreements with Navarre and the Basque Country
Tax advisor: Publication of the order with the Personal Income Tax and Wealth Tax Return Forms
The Ministry of Economy and Finance has published Order HFP/310/2023 of March 28th. Through it, it publishes the Personal Income Tax and Wealth Tax return forms, with the purpose of establishing the place, form and deadlines for filing. The term for the presentation of the Income Tax will begin on April 11th until June 30th,… Continue reading Tax advisor: Publication of the order with the Personal Income Tax and Wealth Tax Return Forms
Tax Advisor: The CJEU concludes that activities entrusted by a municipality to third parties do not constitute a supply of goods and services subject to VAT
The Court of Justice of the European Union (CJEU) issued two rulings on March 30th, concluding that the fact that a municipality delivers and installs, through a company, renewable energy systems to those of its residents who are property owners and who have expressed the wish to be equipped with them does not constitute a… Continue reading Tax Advisor: The CJEU concludes that activities entrusted by a municipality to third parties do not constitute a supply of goods and services subject to VAT