Tax Flashes
Income Tax Law – Considerations by the inspection for Related Operations
The Supreme Court, in the statement dated June 21st, 2023, has confirmed the TEAC criteria and considers that, when the services provided by the partner to the related party, and...
Form 232. Operations among related parties
As every year, from the 1st to the 30th of November, taxpayers of the Corporate Tax Law (CTL) and the Non-Resident Income Tax (NRIT) who operate through a permanent establishment...
IRNR – The burden of proof of abuse in the exemption from the Non-Resident Income Tax corresponds to the Tax Authorities
The Supreme Court, in its Judgment of April 19, 2023, has established as a doctrine that the burden of proof of the abuse that prevents taking advantage of the exemption in the...
Wealth Tax – Challenging the tax returns for the years 2021 and 2022
In April 2021 the Constitutional Court admitted an appeal that questioned the constitutionality of the Wealth Tax following the reforms introduced by the General State Budget...
IS – Unconstitutionality of legislation 3/2016
The Spanish National Audience, a Spanish high Court, has recently raised an exception of unconstitutionality before the Constitutional Court (CC), relating to Royal...
Corporate Income Tax – Permanent Establishment in Spain
The General Directorate of Taxes, in its binding consultation V2612-22, of 12/23/2022, has applied the doctrine of "complex operational settlement", which began from several...
Spanish Wealth Tax – Taxation of a German resident who owns a property in Ibiza through a Company
The General Directorate of Taxes (DGT) has issued on February 1, 2023 the binding consultation V0107-23 on the taxation in the Wealth Tax (WT) of a German tax resident who owns...
Vat Refund in Spain for non-established Companies in The EU – Last Call
Foreign companies not established in Spain or in another EU Member State that have been charged VAT in Spain in 2022, can apply for a VAT refund by the peremptory deadline of 30...
International Taxation. Minimum taxation of multinationals (Pillar 2)
The Spanish Tax Administration has published prior public consultation on the transposition into Spanish law of Council Directive (EU) 2022/2523 of 14 December 2022 on ensuring a...
IS – Transfer Pricing: The Tax Authorities Include Them In Their Annual Tax Control Objectives
On February 27th, was published in BOE the resolution of February 6th, 2023, which establishes the general guidelines of Tax and Customs Control Plan of 2023, which includes the...
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