Tax advisor: Changes in maternity deductions for the years 2020 to 2022

The maternity deduction, established for mothers who have children under three years of age and are self-employed or employed, and who are registered in the corresponding social security or mutual insurance scheme, has undergone changes as of January 1, 2023 due to the Employment Promotion Law. According to this amendment, unemployed mothers are now also… Continue reading Tax advisor: Changes in maternity deductions for the years 2020 to 2022

Tax advisor: The documentation provided by a company does not represent a complete idea of the monetary flow that would justify the bank balance detected by the Inspection as previously hoarded money, and not as undeclared income in the Corporate Tax

In its ruling of February 17, 2023, the High Court of Justice of Andalusia (TSJA) examines whether it is appropriate to increase the tax base due to the discovery of a hidden asset. In particular, it deals with cash income that the Inspection presumes to correspond to undeclared income and that must be considered as… Continue reading Tax advisor: The documentation provided by a company does not represent a complete idea of the monetary flow that would justify the bank balance detected by the Inspection as previously hoarded money, and not as undeclared income in the Corporate Tax

Tax advisor: Restricting the refund of undue payments and the interest thereon, when made under national legislation contrary to EU law, violates the principles of effectiveness and loyal cooperation.

In its judgment of 8 June 2023, the Court of Justice of the European Union (CJEU) held that national legislation which temporarily limits the period for accrual of interest on the undue payment due to the taxpayer, because the tax which gave rise to that payment is considered to be contrary to EU law, infringes… Continue reading Tax advisor: Restricting the refund of undue payments and the interest thereon, when made under national legislation contrary to EU law, violates the principles of effectiveness and loyal cooperation.

Tax advisor: Alava makes changes to its Personal Income Tax regulations

Foral Decree 22/2023, published in the Official Gazette of the Historical Territory of Alava on June 7, 2023, has approved the modification of Foral Decree 40/2014, which regulates Personal Income Tax, and Foral Decree 4/2023, which establishes the rules for the special simplified Value Added Tax regime for the year 2023. This regulation introduces into… Continue reading Tax advisor: Alava makes changes to its Personal Income Tax regulations

Tax advisor: Rejected the consultation for inflation to be deducted from the real estate gain in the Personal Income Tax

The Constitutional Court has issued a ruling rejecting the deduction of inflation from real estate gains in the Personal Income Tax (IRPF). With this, it upholds the 2014 reform that eliminated the corrective coefficients that reduced the tax payable based on inflation. The ruling resolves the question of unconstitutionality raised by the High Court of… Continue reading Tax advisor: Rejected the consultation for inflation to be deducted from the real estate gain in the Personal Income Tax

Tax advisor: It is obligatory to declare when only a foreign pension is received

When the total income derived from work comes from a single payer, the limit for determining the obligation to file a tax return is set at 22,000 euros per year (according to article 96.2.a) and 3) of the IRPF Law). However, this limit does not apply in principle to taxpayers who receive earned income from… Continue reading Tax advisor: It is obligatory to declare when only a foreign pension is received

Tax advisor: Modified Bizkaia’s regulations on the Fluorinated Greenhouse Gas Tax to simplify obligations and control of the tax

The Normative Foral Decree 2/2023, published in the Official Gazette of Bizkaia on May 25, 2023, introduces amendments to the Foral Regulation 5/2014, on the Tax on Fluorinated Greenhouse Gases. This regulation incorporates the amendments made at the national level by Law 14/2022, which amends Law 16/2013, related to environmental tax measures and other tax… Continue reading Tax advisor: Modified Bizkaia’s regulations on the Fluorinated Greenhouse Gas Tax to simplify obligations and control of the tax

Tax advisor: Lower taxation in Economic Activities Tax for the hostelry due to closures during the pandemic

According to two rulings of the Supreme Court, issued on May 30 and recently disclosed, hotel and restaurant businesses have the right to decrease the amount of Economic Activities Tax (IAE) corresponding to the period in which they had to close due to the coronavirus pandemic. These rulings establish that municipalities must proportionally reduce the… Continue reading Tax advisor: Lower taxation in Economic Activities Tax for the hostelry due to closures during the pandemic

Tax Advisor: Taxation of Deposits and Savings Accounts

Banks now pay interest on customer savings due to rising interest rates. Deposits and savings accounts generate interest to take advantage of the money saved. Deposits involve leaving money in the bank for a certain period of time in exchange for interest, while savings accounts allow customers to access their money whenever they wish. This… Continue reading Tax Advisor: Taxation of Deposits and Savings Accounts

Tax advisor: What does collaboration with the Tax Administration mean and the consequences of non-compliance

In 2003, the General Tax Law was passed, which emphasized the breach of the duty to provide information to the Tax Administration, giving rise to the current article 203 of the LGT and the corresponding penalties. In the old law, resistance or obstruction was considered an aggravating factor in the grading of penalties and only… Continue reading Tax advisor: What does collaboration with the Tax Administration mean and the consequences of non-compliance