In the opinion of the National High Court, the justification provided by the tax authority regarding the excessive breadth of the profit margins is not considered detailed enough to support the application of the median as explained. Therefore, this objection is accepted, and it is determined that the application of the lower point within the… Continue reading Tax advisor:Analysis of the justification for applying the median in transfer pricing adjustment
Tag: taxation
Tax advisor: Tributes analyzes the Personal Income Tax taxation of the sale of a client portfolio
During 2023, the Directorate General of Taxes has issued several opinions on how the sale of a client portfolio is taxed in the IRPF and the rules for allocating the deferred payments received in exchange. For example, through binding consultations such as V1871-23 (June 28, 2023), V1674-23 (June 13, 2023), V0716-23 (March 24, 2023) and… Continue reading Tax advisor: Tributes analyzes the Personal Income Tax taxation of the sale of a client portfolio
Tax advisor: A municipality cannot establish differences in a rate according to the registration of users, since it violates the principle of equality
The main issue focuses on the legality of the discount approved by the City Council in favor of residents registered in that municipality in the fees for access to municipal sports facilities, such as sports centers, swimming pools and frontons. The first instance ruling concluded that when a municipality decides to offer a service that… Continue reading Tax advisor: A municipality cannot establish differences in a rate according to the registration of users, since it violates the principle of equality
Tax advisor: Tributes highlights the location of taxation for monetary gifts from abroad
In binding consultation V1903-23, issued on June 30, 2023, the Directorate General of Taxes clarifies to a resident whether he should be taxed in Spain for Inheritance and Gift Tax when receiving a monetary donation from abroad. In this case, a son received a monetary donation from his mother from Argentina, proceeds from the sale… Continue reading Tax advisor: Tributes highlights the location of taxation for monetary gifts from abroad
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
Tax advisor: Taxation and control in the investment of cryptoassets
Some 12% of the Spanish population currently holds investments in cryptocurrencies. This growing trend has led the tax authorities to ask companies to declare their clients’ cryptocurrency balances. However, what is the difference between a cryptocurrency and a cryptoasset? When should the corresponding declaration be made for each of them? Several questions arise regarding this… Continue reading Tax advisor: Taxation and control in the investment of cryptoassets
