Supreme Court rules that the Spanish consolidated tax group regime was contrary to EU law when it did not allow sister companies to be consolidated
Before the current Corporate Income Tax Law (Law 27/2014), Spanish legislation only allowed consolidation where the parent company was Spanish and this parent company’s interest in the controlled companies (also Spanish) was owned directly or through other Spanish companies. In other words, neither horizontal consolidation (“among sister companies”) nor indirect consolidation were allowed.
Personal income tax.- In the dissolution of a condominium there is a capital gain or loss if the allocations are not made in proportion to the share in ownership
Transfer and stamp tax.- The contribution of properties mortgaged to secure debts with third parties is subject to tax as a transfer for valuable consideration, even if there is no subrogation in respect of the debts
Management procedure.- A request for a report on an audited reported value does not stop the clock on the statute of limitations period if the taxpayer is not informed
Collection procedure.- A person required to fulfill an attachment order is not allowed to decide to stop paying without authorization from the tax authorities