Tax Newsletter - November 2016


November newsletter prepared by professionals from the Tax Department.

Case Law
  • 1.1 Corporate income tax.- Late-payment interest is deductible under the current LIS also (Aragon High Court. Judgment of July 20, 2016)
  • 1.2 Corporate income tax.- Federative rights may be transferred and assigned to individuals and legal entities other than sport entities (National Appellate Court. Judgment of July 12, 2016)
  • 1.3 Personal Income Tax. Maternity benefit paid by the social security authorities is exempt (Madrid High Court. Judgment of July 6, 2016)
  • 1.4 VAT.- The right to a deduction of VAT cannot be disallowed simply because the invoice has formal defects (Court of Justice of the European Union. Judgment of September 15, 2016 on Barlis 06 case C-516/14)
  • 1.5 Inheritance and Gift Tax.- Unregistered de facto partners can enjoy the benefits provided in the Inheritance and Gift Tax law for married partners (Madrid High Court. Judgment of May 12, 2012)
  • 1.6 Audit procedure.- The correction to tax must be complete even if it benefits the taxable person (National Appellate Court. Judgment of June 16, 2016)
  • 1.7 Penalty procedure.- The grounds for the penalty cannot be based on the personal circumstances of the infringing person (Supreme Court. Judgment of October 26, 2016)
  • 1.8 Review procedure.- Judgments cannot be produced in a court proceeding after the conclusions stage (Supreme Court. Judgment of October 24, 2016)
Judgments and rulings
  • 2.1 Corporate income tax.- Change of the fiscal year in a consolidated tax group (Directorate General for Taxes. Ruling V3917-16, of September 15, 2016)
  • 2.2 Corporate income tax.- A provision for bonuses is deductible when their payment occurs (Directorate General for Taxes. Ruling V3908-16, September 15, 2016)
  • 2.3 Corporate income tax.- Tax on an indemnity clause in connection with a business combination (Directorate General for Taxes. Ruling V3872-16, of September 13, 2016)
  • 2.4 Corporate income tax.- A silent investment agreement (contrato de cuentas en participación) is not a corporate income tax payer (Directorate General for Taxes. Ruling V3861-16, of September 13, 2016
  • 2.5 Corporate income tax.- A selective distribution is not allowable under the tax neutrality regime (Directorate General for Taxes. Ruling V3843-16, of September 12, 2016)
  • 2.6 Corporate income tax, personal income tax and nonresident income tax.- Taxation and withholdings in connection with a capital reduction through redemption of shares (Directorate General for Taxes. Ruling V3840-16, of September 12, 2016)
  • 2.7 Corporate income tax.- Partially claiming the exemption for dividends and capital gains where the indirect ownership interest is below 5% (Directorate General for Taxes. Ruling V3830-16, of September 12)
  • 2.8 Collection procedure.- An enforced collection interlocutory order issued after failure to admit the stay for consideration is valid even if its non-admission had been challenged (Central Economic-Administrative Tribunal. Decision of October 27, 2016)
  • 2.9 Collection procedure.- Attachment procedures on payments into the debtor’s account from the use of POS terminals or data phones are lawful (Central Economic-Administrative Tribunal. Decision of October 27, 2016)
  • 2.10 Review procedure.- A judgment rendering an assessment void renders invalid any penalty imposed, even if it has become nonappealable (Central Economic-Administrative Tribunal. Decision of October 20, 2016)
  • 2.11 Penalty procedure.- The facts and legal grounds on which the existence of fault is founded must be recorded in the penalty proceeding and penalty decision (Central Economic-Administrative Tribunal. Decision
  • of September 8, 2016)
  • 3.1 Form 289, annual information return on financial accounts in the field of mutual assistance
  • 3.2 Minimum prepayment for taxpayers that apply the RIC, the special regime for producers of tangible goods, the ZEC and the tax reduction for income obtained in Ceuta or Melilla
  • 4.1 Subscription to the notification alert service


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