Donations can have a positive impact on your tax burden, as they not only contribute to charitable causes, but also provide significant tax benefits. When filing your income tax return, we can use donations to reduce the amount you have to pay. Below, we will explain the requirements and steps to take full advantage of… Continue reading Tax advisor: Ways to take advantage of donations to reduce the tax burden on the Personal Income Tax return
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Tax advisor: Taxation on the delivery of shares or stock in emerging companies
As from January 1st, 2023, the regulation of the taxation of the income from work in kind arising from the delivery of shares or participations of emerging companies is established. As from this date, the main new features are as follows: – Exemption: the delivery of shares or participations to active employees of an emerging… Continue reading Tax advisor: Taxation on the delivery of shares or stock in emerging companies
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: It is possible to modify the choice between joint or individual taxation in Personal Income Tax when there is a change of circumstances not attributable to the taxpayer
By resolution no. 3890/2022, issued on March 28, 2023, the Central Economic Administrative Court (TEAC) has ruled on an extraordinary appeal for the unification of criteria. In this resolution, the TEAC establishes a criterion in relation to the irrevocability of the election between joint or individual taxation in Personal Income Tax (IRPF). In general terms,… Continue reading Tax advisor: It is possible to modify the choice between joint or individual taxation in Personal Income Tax when there is a change of circumstances not attributable to the taxpayer
Tax advisor: Termination of a senior management contract due to significant changes in working conditions
In situations where a special senior management employment relationship is terminated, case law has established that it is possible to apply the personal income tax (IRPF) exemption to the severance payment received by the senior manager. Therefore, the exemption has been recognized both in cases of termination of the senior management contract due to the… Continue reading Tax advisor: Termination of a senior management contract due to significant changes in working conditions
Tax advisor: The mechanism for the compensation of the Local Real Estate Tax exemption of rustic nature defined
The Resolution of June 9, 2023, issued by the General Secretariat of Autonomous and Local Financing, has been published in the BOE of June 14, 2023. This resolution establishes the procedure for the compensation of the exemption in the Rustic Real Estate Tax for the year 2023, as indicated in article 12 of Royal Decree-Law… Continue reading Tax advisor: The mechanism for the compensation of the Local Real Estate Tax exemption of rustic nature defined
Tax Advisor: Reduction of the Temporary Solidarity Tax on Large Estates in Madrid, Galicia and Andalusia
The Ministry of Finance has published in the Official State Gazette (BOE) the latest model of the solidarity tax on large fortunes. This tax seeks to counteract the autonomic bonuses in the wealth tax and its declaration will be carried out between July 1 and 31 of this year, based on the wealth declared in… Continue reading Tax Advisor: Reduction of the Temporary Solidarity Tax on Large Estates in Madrid, Galicia and Andalusia
Tax advisor: Compensation awarded to a senior executive due to an unfair dismissal
In relation to the possible application of the personal income tax (IRPF) exemption to severance compensation received by senior executives, the Supreme Court established in a ruling of November 5, 2019 a new interpretative criterion. In cases of termination of the senior management contract due to the employer’s retirement, the labor legislation recognized the right… Continue reading Tax advisor: Compensation awarded to a senior executive due to an unfair dismissal
Tax advisor: Navarra approves the revised text of the special tax regime applicable to foundations and other non-profit entities, as well as tax incentives related to patronage
The Foral Legislative Decree 2/2023, published in the Official Gazette of Navarra on June 13, has approved the revised text that includes the provisions of the special tax regime applicable to foundations and other non-profit entities, as well as the tax incentives related to patronage. This consolidated text seeks to regularize, clarify and harmonize the… Continue reading Tax advisor: Navarra approves the revised text of the special tax regime applicable to foundations and other non-profit entities, as well as tax incentives related to patronage