Tag: Supreme Court

The Supreme Court enables the deduction of Corporate Tax in prescribed fiscal years

The Supreme Court has endorsed the possibility for entities to deduct, within the scope of Corporate Tax, amounts that have been incorrectly recorded in different fiscal periods, even when the period in which the records were made has expired. In this regard, the high court contradicts the criterion held by the tax administration, which argues… Continue reading The Supreme Court enables the deduction of Corporate Tax in prescribed fiscal years

The Supreme Court has recognized the possibility of deducting the remunerationof administrators in cases where the company’s bylaws establish that the position is unpaid

The Supreme Court, in its ruling of June 27, 2023, determined that the position of the Tax Agency, which systematically denied the deduction of these remunerations by classifying them as “gratuities or donations” due to mercantile irregularities, was unreasonable. This approach was endorsed by the Supreme Court in other judgments issued on November 2, 2023, and on… Continue reading The Supreme Court has recognized the possibility of deducting the remunerationof administrators in cases where the company’s bylaws establish that the position is unpaid

The Supreme Court ensures tax benefits in inheritances with usufruct: key judgment for legal certainty

The Supreme Court (TS) has issued a decision of great significance regarding taxpayers affected by inheritances involving usufruct, a situation representing the majority of cases according to statistics provided by the General Council of Notaries (CGN). Contrary to the stance held by certain regional tax authorities, the Supreme Court has bolstered the tax benefits associated… Continue reading The Supreme Court ensures tax benefits in inheritances with usufruct: key judgment for legal certainty

New Supreme Court ruling on IIVTNU refunds

Recently, a Supreme Court ruling has highlighted the issue of the refund of the IIVTNU, or capital gains local tax. In a communiqué published on the official website of the Judiciary, the ruling issued by the Supreme Court Chamber on February 28th, 2024, is anticipated. The Chamber holds that the restitution of the Tax on… Continue reading New Supreme Court ruling on IIVTNU refunds

The Supreme Court Establishes a New Prescription Period and Criteria for Director Liability Actions regarding Social Debts

Judge of supreme court hitting sounding block with wooden gavel while sitting by desk in courtroom and passing judgement during trial session

The Supreme Court (TS), in a recent decision, has outlined new parameters for the prescription and action of liability against directors regarding social debts. This resolution, of paramount importance in the corporate legal field, clarifies the regulatory framework applicable to director liability in situations of social debts. Previous doctrinal debate revolved around the prescription period… Continue reading The Supreme Court Establishes a New Prescription Period and Criteria for Director Liability Actions regarding Social Debts

Tax advisor: Legal Analysis of Revolving Cards: The Judgment of the Supreme Court

The judgment of the Supreme Court (No. 1492/2023, October 27) reexamines revolving credit cards, assessing the usurious nature of the interest rate. It emphasizes that exceptional circumstances justifying an interest rate higher than the normal should be considered when granting financing or modifying the interest rate. The case involved a revolving credit card contract with… Continue reading Tax advisor: Legal Analysis of Revolving Cards: The Judgment of the Supreme Court

Tax advisor: The Supreme Court and the principle of proportionality as a cornerstone in VAT tax penalties

The Supreme Court has reaffirmed the importance of the principle of proportionality, indicating that it not only guides interpreters of the law in modulating penalties but that legislators must also take it into account when establishing tax penalties. This doctrine may lead to the annulment of penalties by ordinary courts if a lack of proportionality… Continue reading Tax advisor: The Supreme Court and the principle of proportionality as a cornerstone in VAT tax penalties

Tax advisor: The Supreme Court rules that the tax authorities cannot access electronic devices during an inspection except in specific cases and under strict judicial control

The Supreme Court, in a press release on its website, has announced the verdict of its resolution addressing the appeal case 4542/2021. It establishes a precedent that the conditions set forth in the doctrine promulgated by the Supreme Court [Refer to judgments dated October 10, 2019, appeal case No. 2818/2017 (NFJ075314), October 1, 2020, appeal… Continue reading Tax advisor: The Supreme Court rules that the tax authorities cannot access electronic devices during an inspection except in specific cases and under strict judicial control

Tax advisor: Revocation of tax penalties based on the principle of proportionality of European Union Law

In the recent judgment 1093/2023, dated July 25th, the Supreme Court has established an interpretative guideline regarding the immediate application by judges of the principles stipulated in European Union Law, without the need to submit a preliminary question to the CJEU when the issue has been clarified in other rulings. The Supreme Court has thus… Continue reading Tax advisor: Revocation of tax penalties based on the principle of proportionality of European Union Law