Tax Newsletter - February 2019
España -
Spanish courts start overturning penalties related to form 720
A Castilla y León high court judgment has rendered the penalties imposed on a taxpayer null and void.
Judgments
- VAT.- CJEU clarifies how to calculate deductible VAT on costs incurred by a branch for the benefit of its head office
- Administrative procedure.- Delay in deciding a contradictory expert appraisal procedure does not mean acceptance of the taxpayer’s valuation
- Administrative procedure.- Where the tax authorities have been using email to send notices, they must carry on using them in later communications
Decisions
- Corporate income tax.- Accelerated depreciation may only be elected in the statutory filing period for the return
- Transfer tax.- Charging transfer tax on capital increases is precluded by EU law
- Transfer and stamp tax.- The tax base for early exercise of a call option under a finance lease is the exercise price
- Inheritance and gift tax.- If an heir dies without accepting an inheritance only one taxable event occurs
- Management procedure.- Misuse of a limited audit procedure does not render the audit null and void as a matter of law
- Administrative procedure.- Two contradictory attempts at notification are not valid
- Collection procedure.- Individual enforcement action may be commenced after the insolvency proceeding has ended if new assets or rights belonging to the debtor appear
Rulings
- Personal income tax.- DGT clarifies the personal income tax treatment for a property lease with a call option
- Personal income tax.- Acquisition of treasury shares is taxed as withdrawal of shareholders
- Transfer tax.- If the transfer is not documented, the tax will fall due when the return is filed
- Inheritance and gift tax.- DGT recognizes that autonomous community legislation may be applied to the estate of a deceased resident of a third country
Legislation
- A number of forms for the tax on hydrocarbons have been amended or eliminated
- Urgent measures approved to mitigate the damage caused by storms and other catastrophes
- Royal Decree-Law 21/2018 on housing and rental has been repealed
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