Tag: taxation

Tax advisor: Tax Challenges in R&D: Change of Criteria and Legal Hopes

Until mid-2022, the General Directorate of Taxes (DGT) allowed corporate income tax (CIT) payers to declare R&D tax deductions in a self-assessment, even if they had not been included in previous fiscal periods in which they were generated. However, starting in June 2022, the DGT changed its stance, limiting the application of deductions to the… Continue reading Tax advisor: Tax Challenges in R&D: Change of Criteria and Legal Hopes

Tax advisor: Modification in Taxation: VTC Licenses and the Objective Estimation Method in Passenger Transport

The General Tax Directorate adjusts its previous stance regarding the taxation of passenger transport with VTC licenses using the objective estimation method, adopting the criterion established by the Central Economic-Administrative Tribunal (TEAC). This modification is reflected in a binding response (V2219-23) issued on July 27, 2023. Previously, in binding consultations, Taxation maintained that this activity… Continue reading Tax advisor: Modification in Taxation: VTC Licenses and the Objective Estimation Method in Passenger Transport

Tax advisor: Asturias Superior Court Judgment: Tax and labor matters in small-scale businesses

  The Asturias SuperiorCourt (TSJ), in its judgment of June 28, 2023, examines both the implementation of the special regime for small-scale companies starting from the year 2015 and issues related to the depreciation of fixed assets. Regarding the first issue raised, the Court maintains that there is a clear distinction between the regulation of… Continue reading Tax advisor: Asturias Superior Court Judgment: Tax and labor matters in small-scale businesses

Tax advisor:The National Court orders the refund of withholding taxes to foreign investment funds in Spain

The National Court has been resolving appeals filed by non-resident investment funds challenging the withholdings applied by the Tax Agency to dividends from Spanish companies. These withholdings, imposed at a rate of 15%, were deemed unfair compared to the 1% applied to similar institutions resident in Spain. As a result of the Supreme Court’s judgments… Continue reading Tax advisor:The National Court orders the refund of withholding taxes to foreign investment funds in Spain

Tax advisor: Fiscal Treatment of the Sale of shares in photovoltaic solar park development companies and its temporal allocation in the corporate income tax

Subsidiaries engaged in promoting photovoltaic solar parks are not considered holding companies, as they are involved in an economic activity. If these entities manage production resources or human capital to participate in the production or distribution of goods or services in the market, they may qualify for a tax exemption under Article 21 of the… Continue reading Tax advisor: Fiscal Treatment of the Sale of shares in photovoltaic solar park development companies and its temporal allocation in the corporate income tax

Tax advisor: The imposition of abusive agreements from a criminal perspective

Abuse of the majority in the adoption of agreements is punishable both from a civil or commercial perspective, when these exceed the normal limits of the exercise of the rights, causing damage to third parties (art. 7.2 of the Civil Code) and from a criminal perspective (art. 291 of the Criminal Code). Throughout this article… Continue reading Tax advisor: The imposition of abusive agreements from a criminal perspective

Tax advisor: When to challenge the Temporary Solidarity Tax on Large Fortunes to obtain a tax refund?

The Wealthiest Citizens Have Already Paid the Temporary Solidarity Tax on Large Fortunes, especially in Madrid, which has contributed 89% of the total revenue. Most have followed the unanimous advice of tax experts: make the payment and then file an appeal. However, here arises a delicate issue: When is it appropriate to challenge the wealth… Continue reading Tax advisor: When to challenge the Temporary Solidarity Tax on Large Fortunes to obtain a tax refund?

Tax advisor: Foreign Securities Holding Entities (ETVE): Considerations about the application of the ETVE regime

ETVEs are efficient corporate vehicles for investments abroad. These entities benefit from a special tax regime that significantly reduces the tax burden on foreign profits, which makes these vehicles highly attractive to international investors. However, the application of the special tax regime requires the fulfilment of several requirements. In the following, we will discuss the… Continue reading Tax advisor: Foreign Securities Holding Entities (ETVE): Considerations about the application of the ETVE regime

Tax advisor: EU Directive proposals and their impact on multinational companies’ taxation

The European Union has presented two directive proposals that could have a significant impact on the taxation of multinational corporations in Europe. Both proposals fall under the umbrella of BEFIT but differ in their objectives and scope.One of them pertains to the regulation of transfer pricing and aims to incorporate the principle of fair competition… Continue reading Tax advisor: EU Directive proposals and their impact on multinational companies’ taxation