The Royal Decree-Law 5/2023, published in the BOE on June 29, 2023, contains tax measures in response to the war in Ukraine, support for the reconstruction of the island of La Palma and other situations of vulnerability. Highlights include the extension of tax rates in the value added tax, new deductions in the income tax… Continue reading Tax advisor: RDL 5/2023: Tax measures as a result of the economic repercussions of the war in Ukraine
Tag: VAT
Tax advisor: New VAT obligations for payment service providers to be introduced from 2024 onwards
As of July 1, 2021, Value Added Tax (VAT) regulations related to the taxation of e-commerce transactions were implemented in compliance with the transposition into Spanish law of Directive 2017/2455. This regulation introduced a notional provision according to which, when certain online deliveries of goods are made through a digital platform, the platform itself is… Continue reading Tax advisor: New VAT obligations for payment service providers to be introduced from 2024 onwards
Tax advisor: What is the equivalence surcharge?
The equivalence surcharge is a special VAT system that is mandatory for retailers who market products without making any form of modification to them. Although it is normally applied to companies, it can also affect civil societies, inheritance and community of goods, as long as all its members are individuals. Some activities are exempt from… Continue reading Tax advisor: What is the equivalence surcharge?
Tax advisor: VAT exemption applies to services provided by non-resident companies
The referring court holds that, according to Article 132(1)(g) of the VAT Directive, in order to achieve the stated objective, it is irrelevant whether the suppliers and beneficiaries of services that may be exempted from VAT are resident or established in a single Member State or in two Member States. The exemption under this provision… Continue reading Tax advisor: VAT exemption applies to services provided by non-resident companies
Tax Advisor: Changes in the VAT Law and in the Excise Taxes Law
On May 9th, 2023, Law 11/2023 of May 8th was published in the Official State Gazette (BOE), which transposes the European Union Directives regarding the accessibility of certain products and services, the migration of highly skilled individuals, taxation and the digitalization of notary and registry processes. Also, an amendment is made to Law 12/2011 of… Continue reading Tax Advisor: Changes in the VAT Law and in the Excise Taxes Law
Tax Advisor: The supply of electricity by the operator of a distribution network is subject to VAT
In the Flemish Region of Belgium, the supply of energy to private individuals is regulated by the Energy Decree, supplemented by the Ministerial Order on Energy. The Flemish Electricity and Gas Regulator (VREG) appointed Fluvius, an inter-municipal cooperation structure made up of thirty-eight Flemish municipalities, as the legal entity in charge of managing the electricity… Continue reading Tax Advisor: The supply of electricity by the operator of a distribution network is subject to VAT
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
Tax advisor: The Supreme Court partially upholds the challenge on the derivations of joint and several liability of article 42.2 of the General Tax Act.
The Supreme Court ruled in appeal 3742/2021 on this matter. The objective was to establish whether, in cases in which a declaration of liability under article 42.2.a) of the General Tax Act is partially annulled by a court judgment, decreasing its scope, the tax administration has the obligation to issue a new declaratory act of… Continue reading Tax advisor: The Supreme Court partially upholds the challenge on the derivations of joint and several liability of article 42.2 of the General Tax Act.