The Supreme Court clarifies the IRPF recovery process for retirees who made contributions to old labor mutual funds. It is established that the part of the current pension corresponding to those contributions not reduced can be deducted by 25%. This means that the taxpayer must declare in the IRPF his pension, including only 75% instead… Continue reading Tax advisor: The Supreme Court clarifies the recovery in the Personal Income Tax of contributions to old labor mutual insurance companies.
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Tax Advisor: In which Autonomous Communities is Inheritance and Gift Tax not paid?
Regarding Inheritance and Gift Tax, when death occurs, it must be paid in the Autonomous Community where it has occurred. As it derives in an increase of wealth, the inheritance must be declared, being a progressive tax due to the fact that the amount varies according to the inherited amount. The maximum period to declare… Continue reading Tax Advisor: In which Autonomous Communities is Inheritance and Gift Tax not paid?
Tax advisor: Bizkaia makes modifications to its Tax Regulations affecting Personal Income Tax, Corporate Income Tax and Tax Management Regulations
The Official Gazette of Bizkaia of July 10, 2023, published the FORAL DECREE 78/2023, of July 4, 2023, issued by the Provincial Council of Bizkaia. This decree introduces modifications in the Regulation of formal tax obligations, as well as in the regulations of Personal Income Tax, Corporate Income Tax and the Regulation of Tax Management… Continue reading Tax advisor: Bizkaia makes modifications to its Tax Regulations affecting Personal Income Tax, Corporate Income Tax and Tax Management Regulations
Tax Advisor: Compensations granted to directors in Corporate Income Tax cannot be considered as acts of generosity and the theory of the link does not apply to them
In a ruling, the Supreme Court rejects the debate on the deductibility of compensation to directors based on concepts such as liberality and expenses contrary to the legal system, as long as such compensation is duly registered and the rendering of services is not in question. In addition, the court emphasizes its rejection of the… Continue reading Tax Advisor: Compensations granted to directors in Corporate Income Tax cannot be considered as acts of generosity and the theory of the link does not apply to them
Tax advisor: What are the implications of the introduction of minimum taxation in the 2022 Corporate Tax Campaign?
The 2022 Corporate Tax Campaign started on July 1, 2023 and will run until July 25 for those taxpayers whose tax period is the calendar year. The direct debit of the tax can be made until July 20. However, it is important to bear in mind that some companies may have a different tax period,… Continue reading Tax advisor: What are the implications of the introduction of minimum taxation in the 2022 Corporate Tax Campaign?
Tax advisor: The Supreme Court validates evidence obtained by the Treasury in home entry without prior notification of the start of the inspection process
Not every violation of the right to inviolability of the home automatically implies a violation of the right to due process. The application of Article 11.1 of the LOPJ requires a considered analysis to determine whether there is a connection between the interference with the fundamental right and the obtaining of evidence. In addition, it… Continue reading Tax advisor: The Supreme Court validates evidence obtained by the Treasury in home entry without prior notification of the start of the inspection process
Tax Advisor: The TEAC applies the new Supreme Court criterion that reduces penalties for debts with the Tax Authorities
In its ruling of May 29, the Central Economic-Administrative Court (TEAC) adopts for the first time the criterion established by the Supreme Court on April 11. This criterion implies a reduction in the fines imposed by the Treasury in cases of tax debts. According to the TEAC, the Tax Agency must calculate the penalties based… Continue reading Tax Advisor: The TEAC applies the new Supreme Court criterion that reduces penalties for debts with the Tax Authorities
Tax advisor: The National High Court considers the asymmetry in the case of cash pooling zero balancing unjustified, especially when the pooling entity does not provide added value
The National High Court, in its ruling of March 23, 2023, examines the valuation of the cash pooling contract or centralization of cash management in a group of companies to which the appellant entity belongs. The court notes that the appellant differentiates between a loan and a deposit, treating it as a financial entity and… Continue reading Tax advisor: The National High Court considers the asymmetry in the case of cash pooling zero balancing unjustified, especially when the pooling entity does not provide added value
Tax advisor: Tax news for June 2023
In June, there were few tax innovations at the autonomous community level in Spain. At the European level, the Regulation (EU) 2023/1114 on crypto-asset markets stands out. At the state level, relevant regulations have been enacted: – Order HFP/583/2023 increases the limit exempt from guarantees in requests for deferral or fractionation of tax debts of… Continue reading Tax advisor: Tax news for June 2023
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
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