## [Tax Newsletter - January 2021](/en_GB/new/tax-newsletter-january-2021)
# Tax Newsletter - January 2021
Spain - 02 / 08 / 2021
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## [**Self-assessments may be corrected outside the voluntary filing period to claim tax benefits**](https://www.garrigues.com/en_GB/new/self-assessments-may-be-corrected-outside-voluntary-filing-period-claim-tax-benefits)
According to various courts, claiming or not claiming tax benefits is a right not an electable tax option, so taxpayers are allowed to correct their self-assessments even after the end of the filing period for the tax concerned.
[**KEEP READING**](https://www.garrigues.com/en_GB/new/self-assessments-may-be-corrected-outside-voluntary-filing-period-claim-tax-benefits)
## **Access the complete Newsletter [here](https://www.garrigues.com/sites/default/files/documents/tax-newsletter-january-2021.pdf).**
### [**Judgments**](https://www.garrigues.com/sites/default/files/documents/tax-newsletter-january-2021.pdf#page=8)
- **Freedom of establishment.-** EU law precludes national legislation that does not allow a company in a member state to deduct interest payments made to a related company in another member state, on the basis of a tax benefit that would not have been assessed if both companies had been established in the first state
- **Personal income tax.-** The provision of services to a company after the employment relationship has ended does not automatically mean that there has not been an actual severing of ties
- **Nonresident income tax.-** Taxation in Spain of dividends received by pension funds resident in third countries violates EU law
- **Inheritance and gift tax.-** For donations made by bank transfer, the right to assess becomes statute bared four years after the end of the filing period
- **VAT.-** Making vehicles available to employees in exchange for no payment or without the employees giving up part of their salaries or other benefits is not a transaction for consideration
- **Transfer and stamp tax.-** Termination of a condominium on an indivisible asset is subject to stamp tax not transfer tax (as a transfer for consideration), even if co-ownership of other assets remains unchanged
- **Transfer and stamp tax.-** Tax authorities have burden of proving that a property’s reported value does not match its actual value
- **Transfer and stamp tax.-** Recording of a transaction with a condition precedent is subject to stamp tax
- **Tax-related liability.-** Payment by one jointly and severally liable party releases the others
- **Tax-related liability.-** Contractor or subcontractor’s liability is restricted to debts related to services provided by the subcontracted entity
### [Decisions](https://www.garrigues.com/sites/default/files/documents/tax-newsletter-january-2021.pdf#page=18)
- **Corporate income tax.-** Deductibility of remuneration as a result of audit work on the recipient must be reported via an “accounting error”
- **Personal income tax.-** Late-payment interest arising from adjustment in respect of a supervening breach of requirements for RIC reserve does not give rise to new late-payment interest
- **Nonresident income tax.-** Reductions allowed in Personal Income Tax Law for residential rental income do not apply for same types of income obtained by nonresidents
- **VAT.-** Eligibility for reduced rate allowed for renovations of residential properties is determined by reference to predominant use of the building
- **Inheritance and gift tax.-** In inheritances organized as an Aragonese executorship, no prepayment self-assessments are required on the death of the decedent
- **Tax on fluorinated gases.-** Regulations on Fluorinated Gases and the Greenhouse Effect do not prevent the specific tax being charged
- **Management procedure.-** An expense cannot be adjusted in a limited review because accounting records cannot be examined in these procedures
- **Audit procedure.-** A provisional assessment does not toll statute of limitations for right to assess
- **Penalty procedure.-** It is a tax infringement to issue forged invoices to obtain subsidies, even if they do not cause a loss for the finance authority
### [Requests for resolution](https://www.garrigues.com/sites/default/files/documents/tax-newsletter-january-2021.pdf#page=22)
- **Corporate income tax.-** Tax treatment clarified of purchase of treasury shares under put option granted to shareholders
- **Corporate income tax.-** DGT makes determination on eligibility for tax neutrality regime of a downstream merger and its effect on limit for deduction of finance costs on debts incurred to purchase shares
- **Corporate income tax.-** Patent-box reduction for licensing know-how has not been claimable since 2018, even if license agreements were signed earlier
- **Corporate income tax.-** Share based incentives paid in cash are deductible where employees generate the right to receive them
- **Personal income tax.-** Self-employed individuals cannot deduct utility costs at principal residences in which they are working due to COVID-19
- **Wealth tax.-** An employee hired full time, but with multiple employment, is not sufficient for leasing company to claim relief for family businesses
- **Inheritance and gift tax.-** Taxation of inheritance according to the Spain-Sweden tax treaty is clarified
- **Tax on economic activities and waste collection fees.-** The homes of employees working from home are not employer’s premises
- **Local authority fees.-** The waste collection fee may be divided among co-owners of a building, unless it is a non-tax levy
### [Legislation](https://www.garrigues.com/sites/default/files/documents/tax_newsletter_-_december_2020.pdf#page=29)
- Approval of the Annual Tax and Customs Control Plan for 2021
- Filing period for January returns paid by direct debit extended due to storm Filomena
- Brexit.- UK traders allowed to recover VAT incurred in Spain
### [**Miscellaneous**](https://www.garrigues.com/sites/default/files/documents/tax_newsletter_-_december_2020.pdf#page=36)
- Filing dates pushed back for first self-assessments of tax on financial transactions and digital services tax
[Tax](/en_GB/tags/tax), [Spain](/en_GB/tags/spain)
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