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Tax Newsletter - March 2016

03/31/2016
Newsletters

March newsletter prepared by professionals from the Tax Department.

Case law
 
  • 1.1 Personal income tax – The “separation” from forced heirship is an inheritance clause which does not create a capital gain (Supreme Court. Judgment of February 9, 2016)
  • 1.2 Personal income tax. – No profitability does not mean no economic activity (Supreme Court. Judgment of February 3, 2016)
  • 1.3 VAT.- Inclusion of the liability assessed by customs also in returns for taxpayers taxed by the provincial authorities (Supreme Cour t. Judgment of Febr uary 9, 2016)
  • 1.4 Inheritance and gift tax, and transfer and stamp tax.- Autonomous community laws cannot provide valuation methods not set out in the basic centr al government laws on the tax (Constitutional Court. Judgments of February 15 and February 18 2016)
  • 1.5 Transfer and stamp tax and inheritance and gift tax.- The authorizations for the generation and supply of electricity are not taxable (Supreme Court. Judgment of February 17, 2016) 
  • 1.6 Transfer and stamp tax.- The tax obligation arises when the contract is executed even if it is later terminated (Madrid High Court. Judgment of September 3, 2015)
  • 1.7 Collection procedure.- On the calculation of late-payment interest on an assessment in which the tax liability remained unchanged is rendered in valid (National Appellate Court. Judgment of December 10, 2010)
Decisions and rulings
 
  • 2.1 Corporate income tax.- Losses on tr ansfers to an individual shareholder may be recognized (Directorate-General for Taxes. Ruling V0343-16, of January 28, 2016)
  • 2.2 Corporate income tax.- The taking up of stakes by new investors does not invalidate the economic grounds for the prior reorganization, if they are minority interests (Directorate-General for Taxes. Ruling V0327-16, of January 27, 2016)
  • 2.3 Corporate income tax.- Limited partnerships (sociedades comanditarias simples) can be parents of tax groups (Directorate-General for Taxes. Ruling V0318-16, of January 27, 2016)
  • 2.4 Corporate income tax.- Satisfaction of the 10% minimum taxation requirement to apply the exemption to foreign dividends (Directorate-General for Taxes. Ruling V0256-16, of January 25, 2016)
  • 2.5 Corporate income tax and personal income tax.- The neutrality regime cannot be elected for mergers or spinoffs of compar tments of SICAV open-end investment companies (Directorate-General for Taxes. Ruling V0249-16, of January 25, 2016)
  • 2.6 Personal income tax.- Deduction of expenses in relation to the principal residence associated with the economic activity (Director ate-General for Taxes. Ruling V0190-16, of January 20, 2016)
  • 2.7 Wealth tax.- Claiming the family business exemption for private equity companies (Directorate-General for Taxes. Ruling V0119-16, of January 18, 2016)
  • 2.8 Collection procedure.- Reconsideration not allowed for the denial of a deferral in the voluntary period (Central Economic-Administrative Tribunal. Decision of February 25, 2016)
  • 2.9 Administrative procedure.- Notification by appearance is only possible where the tax authorities use the available means to notify (Centr al Economic-Administrative Tribunal. Decisions (3) of February 25, 2016)
  • 2.10 Penalty procedure.- The use of general or stereotyped procedures is not a sufficient ground for finding fault (Central Economic-Administrative Tribunal. Decision of February 18, 2016)
  • 2.11 Review and collection procedure.- Late-payment interest on stayed debt obligations before the entry into force of the LGT (General Taxation Law) is calculated from the date of entr y into force of that law using the statutor y interest
Legislation
 
  • 3.1 Approval of the personal income tax and wealth tax forms for 2015 
  • 3.2 Obligation to provide security for deferred or split payments of debts in respect of devolved taxes
  • 3.3 Average trading value in the fourth quarter of 2015 for securities traded on organized markets for wealth tax purposes
  • 3.4 Informative return for aid received under the Canar y Island Economic and Tax Regime and other state aid 

Miscellaneous

  • 4.1 AEAT report on the deduction of late-payment interest
  • 4.2 Agreement between the European Union and Andorra for the application of OECD automatic exchange of information standards
  • 4.3 Review of the guarantees for custom

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