Both the financial penalty and the revocation of the authorization to operate a tax warehouse were applied due to a serious infringement of the excise duty regime committed by the company in question, as considered by national law. The revocation of the authorization was taken after the pecuniary penalty, based on an assessment of the… Continue reading Tax advisor: The CJEU considers that the sanction and revocation of authorization for tax warehouse do not violate proportionality principle in case of serious excise duty infringements
Tag: Spain
Tax Advisor: Extremadura reduces the Personal Income Tax in the first two brackets and eliminates Wealth Tax
The Governing Council of the Regional Government of Extremadura approved a decree law with urgent measures that include the reduction of the first two income tax brackets, mainly affecting incomes below 22,200 euros, as well as the total elimination of the Wealth Tax. The autonomic Administration highlighted that these measures will have retroactive effect as… Continue reading Tax Advisor: Extremadura reduces the Personal Income Tax in the first two brackets and eliminates Wealth Tax
Tax advisor: The TEAC adjusts its criteria for calculating the sanction base in cases of corporate simulation
By means of the recent resolution no. 4117/2020, issued on July 24, 2023, the Central Economic-Administrative Court (TEAC) has modified its previous criteria in relation to how it determines the basis for penalties in cases of corporate simulation. This modification is based on the doctrine established in Supreme Court decision no. 770/2023, dated June 8.… Continue reading Tax advisor: The TEAC adjusts its criteria for calculating the sanction base in cases of corporate simulation
Tax advisor: The National High Court rejects the suspension of the Temporary lien of credit entities and financial credit establishments
The Contentious-Administrative Chamber of the National High Court has rejected the request to temporarily suspend the Temporary lien of credit entities and financial credit establishments (also called “extraordinary tax on banks”) filed by Sabadell, Bankinter and Kutxabank (through its subsidiary Cajasur). Furthermore, in their decisions, they have also ruled out the possibility of consulting the… Continue reading Tax advisor: The National High Court rejects the suspension of the Temporary lien of credit entities and financial credit establishments
Tax Advisor: La Rioja bonifies the 99% of the Inheritance and Gift Tax quota for parents, children and spouses
The Government of La Rioja approved on Thursday a 99% Inheritance and Gift Tax bonification for parents, children and spouses. Until now, this rebate was applied to inheritances with net taxable bases equal to or less than 400,000 euros. This action eliminates a tax considered obsolete and confiscatory (only 1% is maintained for administrative control… Continue reading Tax Advisor: La Rioja bonifies the 99% of the Inheritance and Gift Tax quota for parents, children and spouses
Tax Advisor: The Supreme Court allows the deduction in the Personal Income Tax of the severance pay of senior managers who are administrators
The Supreme Court, in its ruling number 1092/2023, dated July 25, ECLI:ES:TS:2023:3589, has established as case law the following: 1) It is feasible to apply the reduction for irregular income as established in article 18.2 of the Personal Income Tax Law (LIRPF) to compensation received by senior executives who also hold the position of corporate… Continue reading Tax Advisor: The Supreme Court allows the deduction in the Personal Income Tax of the severance pay of senior managers who are administrators
Tax advisor: How to avoid tax penalties in case of an intermediary company?
Issuing invoices for professional services using an intermediary entity may raise doubts on the part of the tax authorities. The tax authorities tend to consider the creation of Single-Member Limited Liability Company (SLU) as suspicious when there is no real business structure behind it, which could lead to accusations of tax evasion. To avoid possible… Continue reading Tax advisor: How to avoid tax penalties in case of an intermediary company?
Tax advisor: Is it possible to deduct VAT on services in a property partially used for business?
The deduction of VAT on water, gas, electricity and telephone services in properties used for both business and residential purposes was a controversial issue in tax matters. The Treasury and the General Directorate of Taxes had maintained a restrictive position in denying this deduction. However, a recent Resolution of the Central Economic-Administrative Court (TEAC) issued… Continue reading Tax advisor: Is it possible to deduct VAT on services in a property partially used for business?
Tax advisor: Tributes analyzes the Personal Income Tax taxation of the sale of a client portfolio
During 2023, the Directorate General of Taxes has issued several opinions on how the sale of a client portfolio is taxed in the IRPF and the rules for allocating the deferred payments received in exchange. For example, through binding consultations such as V1871-23 (June 28, 2023), V1674-23 (June 13, 2023), V0716-23 (March 24, 2023) and… Continue reading Tax advisor: Tributes analyzes the Personal Income Tax taxation of the sale of a client portfolio
Tax Advisor: Corporate Income Tax Incentives and how to access them
Small companies can access corporate tax incentives, which means that those companies with a turnover of less than 10 million euros in the previous year can enjoy these benefits. These companies can take advantage of benefits such as free depreciation for investments in tangible fixed assets and real estate investments that generate employment. To qualify… Continue reading Tax Advisor: Corporate Income Tax Incentives and how to access them