Royal Decree-Law 19/2020 states that the three-month time period for preparing financial statements and other documents required by law will start to run from June 1, 2020, and reduces the time period for approving financial statements to two months running from the end of the time period for their preparation. In keeping with the new time periods for preparation and approval of the financial statements, it is allowed to file a second corporate income tax self-assessment until November 30, 2020. Additionally, amendments are introduced to the rules on tax deferrals for small and medium-sized companies and the self-employed along with a new stamp tax exemption; and a later date has been determined for publication of the list of delinquent tax payers.
COVID-19 is particularly and adversely affecting shipping, in a similar way to events in many other industries. We examine what key legal issues need to be addressed by the shipping industry, the legislation approved on this subject in recent weeks, and whether force majeure and the rebus sic stantibus doctrine could potentially operate.
A judgment by the Court of Justice of the European Union (CJEU) has concluded that to determine whether use “in the course of trade” exists it is irrelevant whether the mark is used in the course of a person's trade or whether any consideration is received. The key lies in the receipt (import) of the goods and in the fact of those goods not being intended for private use.
New guarantee facility, extension of ERTE temporary layoff procedures, effects of the crisis on transfer pricing, return to judicial activity and ‘shields’ for businesses.
Despite the economic situation caused by the current health crisis, there is still talk of approval in the short term of the “Google tax” and “Tobin tax”; and some speculation has appeared over a potential corporate income tax and personal income tax hike or over a reform of inheritance and gift tax and wealth tax, to make these taxes uniform across autonomous communities. Lastly, we have also been hearing about a potential new “tax on large fortunes”.
The current international health emergency is having a huge impact in every area, including tax, and will foreseeably have lasting effects. Transfer pricing is not immune to this situation and its consequences are being felt in elements such as intra-group financing, how controlled transactions are carried out, priced and documented, or the advance pricing agreements concluded with the tax authorities.
The CJEU will have to rule on whether it is EU law or national law that determines which jurisdiction applies domestically to hear damages action. The question is inscribed in the case commonly referred to as the trucks cartel.
Royal Decree-Law 18/2020 determines that the distribution of dividends at companies applying for the special ERTE temporary layoff procedures can make them lose their rights to exemption from social security contributions and states that this measure will not be taken into account for the purpose of exercising the right to withdrawal of shareholders under article 348 bis 1 of the Capital Companies Law.
Royal Decree-Law 18/2020 allows ERTE layoff procedures due to force majeure to be extended until June 30, 2020 and also specifies, among others, an extension of the term for relief from social security contributions and for the job retention clauses, in addition to placing certain restrictions on dividend distributions at companies that have implemented an ERTE temporary layoff procedure. The provision not allowing dismissals on grounds related to COVID-19 to be held justified is also extended until June 30, 2020.