Tax Newsletter - December 2016


November newsletter prepared by professionals from the Tax Department.

  • 1.1 Corporate income tax.- The free movement of capital applies to third countries (Court of Justice of the European Union. Judgment of November 24, 2016, case C-464/14)
  • 1.2 Corporate income tax.- The tax neutrality regime may only be denied if the main aim of the transaction is tax fraud or evasion (Supreme Court. Judgment of November 23, 2016)
  • 1.3 Corporate income tax.- A branch may amortize financial goodwill on the acquisition of shares in a nonresident entity (Supreme Court. Judgment of October 26, 2016)
  • 1.4 Corporate income tax.- Not recording per diems on form 190 does not mean their deduction must
  • be disallowed (Canary Island High Court. Judgment of May 23, 2016)
  • 1.5 Transfer and stamp tax.- Article 108 of the Securities Market Law may only apply if the expressly stipulated conditions are satisfied (Supreme Court. Judgment of November 22, 2016)
  • 1.6 Transfer and stamp tax.- An audit of the value of a subdivided property cannot consist of apportioning a proportional value to the subdivided meters based on the value of the parent property (Andalucía High Court. Judgment of June 10, 2016)
  • 1.7 Administrative procedure.- When the statute of limitations starts to run for requesting payments made incorrectly because the rule on which they were based was held contrary to EU law (Supreme Court. Judgment of November 16, 2016)
Judgments and rulings
  • 2.1 Corporate income tax.- On the reversal of impairment losses on shares acquired by related companies (Directorate-General for Taxes. Ruling V4560-16, of October 24, 2016)
  • 2.2 Corporate income tax.- Deduction of the finance costs in leveraged share purchases (Directorate-General for Taxes. Ruling V4487-16, of October 18, 2016)
  • 2.3 Corporate income tax.- The gain arising from bringing marketable securities to fair value is exempt (Directorate-General for Taxes. Ruling V4476-16, of October 18, 2016)
  • 2.4 Corporate income tax.- Treatment of the revenue from a novation of financing agreements
  • (Directorate-General for Taxes. Ruling V4444-16, of October 17, 2016)
  • 2.5 Corporate income tax.- The intention to claim the regime for residential leasing is not a valid economic reason for the tax neutrality regime (Directorate-General for Taxes. Ruling V4440-16, of October 17, 2016)
  • 2.6 Corporate income tax.- Calculation of the new useful lives of assets at enterprises of a reduced size (Directorate-General for Taxes. Ruling V4291-16, of October 6, 2016)
  • 2.7 Corporate income tax.- Tax credit for reinvestment: the fact of the reinvesting enterprise leaving the tax group does not imply a breach of the holding requirement for the investment (Directorate-General for Taxes.Ruling V4228-16, of October 3, 2016)
  • 2.8 Corporate income tax.- The international double taxation credit must be calculated on the net income (Directorate-General for Taxes. Ruling V4259-16, of February 5, 2016)
  • 2.9 Personal Income Tax.- Treatment of an endowment insurance policy provided by an enterprise to one of its directors (Directorate-General for Taxes. Ruling V4251-16, of October 4, 2016)
  • 2.10 Transfer and stamp tax.- Dissolution of a Gibraltar company whose assets were composed of shares in a Spanish real estate company (Directorate-General for Taxes. Ruling V4405-16, of October 14, 2016)
  • 2.11 Revenue procedure.- No late-payment interest may accrue after two months from the notification
  • of the judgment (Central Economic-Administrative Tribunal (TEAC). Decision of November 23, 2016)
  • 3.1 Form 217, self-assessment of special charge on dividends distributed by SOCIMIS (Spanish REITs) 
  • 3.2 Amendments to accounting legislation
  • 3.3 Average sale prices for 2017 of certain means of transportation for the purposes of audits of amounts
  • 3.4 IIS system is approved
  • 3.5 Royal Decree-Law 3/2016 on tax measures aimed at the consolidation of public finances
  • 3.6 Personal income tax objective assessment method and simplified VAT scheme: implementation for 2017
  • 3.7 Technical changes to a number of tax returns
  • 4.1 Access by the tax authorities to anti-money laundering information
  • 4.2 Provisional removal from the State Tax Agency’s index of entities triggers debarment from the commercial registry
  • 4.3 E-commerce. Proposed changes to EU VAT law
  • 4.4 Multilateral instrument to amend thousands of tax treaties



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