The Supreme Court, in its ruling of June 12, 2023, holds that the tax residence conflict must be resolved following the rules established in the Convention. Specifically, reference is made to Article 4.2 of the Convention, which establishes four successive criteria to determine the residence of a natural person in case he/she is a resident… Continue reading Tax advisor: The Supreme Court rules that tax residence conflicts between Spain and a country with a Double Taxation Agreement must be resolved according to the rules of the agreement
Tag: Supreme Court
Tax advisor: The Supreme Court defines rules for valuing radio services billed by companies related to a communicator
In its ruling of June 21, 2023, the Supreme Court upholds the adjustment for related transactions made by the Tax Inspectorate with respect to the appellant company, in which the media professional owns 94% of the shares. The Tax Inspectorate does not consider that there is simulation, but recognizes that it is valid for a… Continue reading Tax advisor: The Supreme Court defines rules for valuing radio services billed by companies related to a communicator
Tax Advisor: The Supreme Court establishes that the basis of the penalty will be the difference between the amount not paid by the individual and the amount paid by the simulated special purpose vehicle.
The Supreme Court, in a ruling dated June 8, 2023, interprets that in case of simulation, the basis of the penalty will be the difference between the amount not paid by the individual and the amount paid by the simulated special purpose vehicle, in relation to the same income. Thus, the Supreme Court confirms the… Continue reading Tax Advisor: The Supreme Court establishes that the basis of the penalty will be the difference between the amount not paid by the individual and the amount paid by the simulated special purpose vehicle.
Tax advisor: The Supreme Court rules on the basis for the penalty of art. 191 of the General Tax Act in related transactions
The Supreme Court has established jurisprudence through the recent ruling number 744/2023, issued on June 6. In this ruling, the Supreme Court has addressed the issue of the determination of the penalty for the infringement described in article 191 of the General Tax Act. This infringement refers to the omission of the total or partial… Continue reading Tax advisor: The Supreme Court rules on the basis for the penalty of art. 191 of the General Tax Act in related transactions
Tax Advisor: The Supreme Court establishes that the Tax Administration Agency has the burden of proving the abuse of the IRNR exemption
The Contentious-Administrative Chamber of the Supreme Court has established that the Tax Administration has the burden of proving the abuse that prevents the application of the exemption in the Non-Resident Income Tax (IRNR). The Supreme Court has analyzed the case law of the Court of Justice of the European Union, and adjusts its doctrine to… Continue reading Tax Advisor: The Supreme Court establishes that the Tax Administration Agency has the burden of proving the abuse of the IRNR exemption
Tax advisor: Supreme Court requires Treasury to prove abuse before it can deny exemption for expatriate dividends
In its ruling, the Supreme Court ruled against the Treasury and establishes that the Administration must demonstrate that the taxpayer lacks valid reasons for claiming the dividend exemption. The Contentious-Administrative Chamber established a new doctrine that establishes that the burden of proof regarding the abuse that prevents benefiting from the exemption of dividends in the… Continue reading Tax advisor: Supreme Court requires Treasury to prove abuse before it can deny exemption for expatriate dividends
Tax advisor: TEAC exempts taxpayer from paying tax on past interest on late payment of taxes
In two recent rulings, the Central Economic-Administrative Court (TEAC) has protected taxpayers who could face a tax regularization due to a recent Supreme Court ruling on the taxation of late payment interest. Specifically, this agency, which is part of the Ministry of Finance and Public Function, has determined that the tax authority cannot take advantage… Continue reading Tax advisor: TEAC exempts taxpayer from paying tax on past interest on late payment of taxes
Tax advisor: The allowances for living expenses in Personal Income Tax
The Personal Income Tax (IRPF) regulations exempt from taxation the amounts allocated by the company to compensate the usual food and lodging expenses in restaurants, hotels and other accomodations, when the worker travels to a municipality other than his usual place of work and place of residence. However, there are specific exceptions (indicated in article… Continue reading Tax advisor: The allowances for living expenses in Personal Income Tax
Tax advisor: Tax benefit extended to companies for the promotion of events
The Supreme Court (SC) has confirmed its new position on taxation and has established that private companies can deduct up to 15% in corporate income tax for advertising or promotional expenses related to events of general interest, such as a sporting event in a city. The SC has modified its criterion on taxation and has… Continue reading Tax advisor: Tax benefit extended to companies for the promotion of events
Tax Advisor: Extension of the deductions in the Personal Income Tax of the Community of Madrid for 2023
Law 10/2023, of April 12th, which has been published in the Official Gazette of the Community of Madrid, has modified the Law of Madrid’s Assigned Taxes. The objective is to incentivize improvements in rental housing through the introduction of new deductions in the Personal Income Tax. New measures Among all the new measures we will… Continue reading Tax Advisor: Extension of the deductions in the Personal Income Tax of the Community of Madrid for 2023