Tax advisor: How to avoid tax penalties in case of an intermediary company?

Issuing invoices for professional services using an intermediary entity may raise doubts on the part of the tax authorities. The tax authorities tend to consider the creation of Single-Member Limited Liability Company (SLU) as suspicious when there is no real business structure behind it, which could lead to accusations of tax evasion. To avoid possible… Continue reading Tax advisor: How to avoid tax penalties in case of an intermediary company?

Tax advisor: The Personal Income Tax for retirees according to the Tax Authorities

The increase in pensions, for the most part, is highly beneficial for retirees. However, this implies a proportional increase in the tax burden. Retirement pensions are not tax exempt and the Tax Agency will require a higher percentage of IRPF due to the increase in Social Security benefits. This year, pensions based on contributions have… Continue reading Tax advisor: The Personal Income Tax for retirees according to the Tax Authorities

Tax advisor: The Supreme Court allows the self-employed to deduct late payment interest paid to the Treasury in their personal income tax return.

The recent Supreme Court ruling no. 1091/2023, dated July 24, establishes that, in the field of Personal Income Tax (IRPF), late payment interest related to the taxpayer’s economic activities, whether derived from income verification settlements or suspensions of contested administrative acts, are considered tax-deductible expenses. This interest, classified as financial expenses, is subject to the… Continue reading Tax advisor: The Supreme Court allows the self-employed to deduct late payment interest paid to the Treasury in their personal income tax return.

Tax advisor: Treasury raises the exemption for travel expenses to 0.26 euros/km in the Personal Income Tax

In today’s BOE, the Ministry of Finance has published an update of the compensation for mileage expenses for those who use a vehicle in their work. The compensation will increase immediately from €0.19 to €0.26 per kilometer, which represents an increase of almost 37%. This compensation includes fuel, vehicle wear and tear and possible breakdowns,… Continue reading Tax advisor: Treasury raises the exemption for travel expenses to 0.26 euros/km in the Personal Income Tax

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 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: 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

Tax advisor: The bank certificate is sufficient to prove the loss due to the transfer of financial investments between related companies

The question that arises is the deductibility of losses due to the transfer of financial investments between related companies. The Administration has denied the deduction of the due to the bankruptcy of the related company, considering that the evidence provided by the plaintiff was insufficient. The Chamber considers that the subject matter of the appeal… Continue reading Tax advisor: The bank certificate is sufficient to prove the loss due to the transfer of financial investments between related companies

Tax advisor: Without business concealment, there is no simulation

According to the principles of the General Theory of Law, when a contract is entered into for a different purpose than the one normally attributed to it, a defect in the cause may arise. This situation can be divided into two types of contracts: those with a false cause, in which the parties do not… Continue reading Tax advisor: Without business concealment, there is no simulation