Tributario
Spain: There is no consensus among the authorities over how transfers of renewable energy projects under development are taxed
A recent decision by the Navarra provincial tax authorities allows the exemption to be applied to the capital gain on the transfer of shares, which contrasts with the restrictive interpretation given by the Directorate General for Taxes.The Supreme Court rules that Spanish tax legislation discriminates against nonresident hedge funds in Spain
According to the Court, nonresident hedge funds should be treated like residents if they prove that they are open-ended entities, that they have the relevant authorization, and that they are managed by an authorized management company pursuant to the terms of Directive 2011/61/EU.Energy transition: these are the new tax incentives for renewable energy and electric vehicles in Spain
Unrestricted and accelerated depreciation tax benefits have been available since 2023 for investments in assets that use energy from renewable sources and electric vehicles, respectively. These incentives originated from the Plan+SE program approved by the Council of Ministers in October 2022.Commission's decision on tax lease partially annulled
On February 2, 2023 the Court of Justice of the European Union (CJEU) partially annulled Commission Decision of 17 July 2013 which declared that the Spanish tax lease system was a state aid scheme and ordered it to be recovered from the investors only.Garrigues strengthens its team in Colombia and Spain with the hiring of two new female partners
Garrigues has reinforced its team with the hiring of two eminent female partners. Mónica Bolaños will form part of the Bogotá tax practice while Mireia del Pozo joins the Barcelona administrative and constitutional law practice. Both appointments, which will be submitted for approval to the next Partners’ Meeting, reflect the firm’s strategy of consolidating its position as a leading provider of business law advice.