Recently, the Supreme Court, in its decision no. 909/2023 of July 4th, has established a doctrine regarding the interpretation of the prohibition to review tax acts according to article 213.3 of the LGT. The interpretative criterion established is that this prohibition does not apply when there is a final court decision which, without analyzing the… Continue reading Tax advisor: The Supreme Court rules on the prohibition to review tax acts according to art. 213.3 of the General Tax Law
Tag: Spain
Tax advisor: TEAC makes it difficult for new firms to get tax benefits in Corporate Tax
The Central Economic Administrative Court (TEAC) establishes that start-up companies can only benefit from the Corporate Tax rebate at a reduced rate of 15% during the first year of profits and the following year, even if they are in loss in that second year. This is because the TEAC resolved the case of a company… Continue reading Tax advisor: TEAC makes it difficult for new firms to get tax benefits in Corporate Tax
Tax advisor: Provisions approving forms 721, 172 and 173 related to cryptocurrencies are published
The Official State Gazette (BOE) of July 29, 2023 has made public the entry into force, the following day, of two orders related to the informative declarations for virtual currencies: on the one hand, Order HFP/886/2023, of July 26, which approves model 721 called “Informative declaration on virtual currencies located abroad”, and establishes the conditions… Continue reading Tax advisor: Provisions approving forms 721, 172 and 173 related to cryptocurrencies are published
Tax advisor: Tax Authorities allow to deduct the pension plan in the Personal Income Tax for several years
In 2023, the Directorate General of Taxes (DGT) has modified its criteria and now allows to apply a 40% reduction in the IRPF for withdrawals of different pension plans in several years, not limited to the same tax period. This is evidenced by more than 150 binding responses to taxpayer queries issued during this year,… Continue reading Tax advisor: Tax Authorities allow to deduct the pension plan in the Personal Income Tax for several years
Tax advisor: Portals that sell NFTs must face VAT, not the creators
The Directorate General of Taxes imposes the VAT return on the electronic platforms intermediary in the sale of NFTs instead of on the artists who create them and use these portals for their commercialization. According to Tributos’ June 15 response to a query raised by a taxpayer, “digital art” services involving the sale of NFTs… Continue reading Tax advisor: Portals that sell NFTs must face VAT, not the creators
Tax advisor: Expanding the discussion on the possible unconstitutionality of Royal Decree-Law 3/2016
The Supreme Court has accepted two appeals in cassation to analyze the conformity with the Constitution of Article 3.1 of Royal Decree-Law 3/2016. This decree establishes tax measures to strengthen public finances and address urgent social issues. These appeals are filed against rulings of the High Court of Justice of Catalonia, issued on July 29,… Continue reading Tax advisor: Expanding the discussion on the possible unconstitutionality of Royal Decree-Law 3/2016
Tax advisor: If the judgment does not rule on the legal conformity of the act, the limit that prevents the special review of acts confirmed by final judgments does not apply
The interpretation of articles 106 and 47.1.f) of Law 39/2015 (Common Administrative Procedure Act) together with article 222 of the Civil Procedure Act, allows concluding that the ex officio review of an administrative act, which has been declared produced by positive silence in a final judgment, is not prevented by the positive effect of res… Continue reading Tax advisor: If the judgment does not rule on the legal conformity of the act, the limit that prevents the special review of acts confirmed by final judgments does not apply
Tax advisor: Navarre extends VAT reduction on foodstuffs in 2023 due to conflict in Ukraine
On July 24, 2023, it has been made public in the Official Gazette of Navarra the enactment of the Foral Legislative Decree 4/2023, dated July 5, regarding tax harmonization. This decree establishes the extension of the reduction of the value added tax (VAT) rates applied to certain foodstuffs in the region. This measure was included… Continue reading Tax advisor: Navarre extends VAT reduction on foodstuffs in 2023 due to conflict in Ukraine
Tax advisor: The economic-administrative courts order reimbursements of the Personal Income Tax for contributions to former mutual insurance companies
The economic-administrative courts now recognize the right of retirees who previously made contributions to the former mutual insurance companies. These retirees can deduct 25% of those contributions from the Personal Income Tax base and also claim reimbursement of the overpayments from the Treasury in their income tax returns for the last four years, periods that… Continue reading Tax advisor: The economic-administrative courts order reimbursements of the Personal Income Tax for contributions to former mutual insurance companies
Tax advisor: The use of modules based on the cadastral value does not allow an accurate determination of the real value of the property due to its generality and lack of specific relationship
The jurisprudence of the Supreme Court establishes that, in order to challenge the economic valuation made by the taxpayer in his tax return, the Administration must substantiate and explain the reasons that justify its discrepancy with respect to the declared value, which the law presumes to be true when referring to the price of the… Continue reading Tax advisor: The use of modules based on the cadastral value does not allow an accurate determination of the real value of the property due to its generality and lack of specific relationship