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Revocation of penalties for Form 720

Judgment in Case C-788/19: Tax information obligation in Spain On 27 January 2022, the Court of Justice of the European Union handed down the long-awaited ruling on the penalties imposed by Spain for incorrectly or erroneously declaring the famous Model 720. Once the ruling was published, some doubts arose as to whether or not the […]

The DGT confirms that non-residents can apply regional regulations in the Inheritance and Gift Tax

The Directorate General of Taxes (DGT) has issued several resolutions in recent times in relation to donations and inheritance transactions involving assets located in Spain, but whose beneficiaries are not tax residents in our country.  It is out of legal controversy which regional regulations are applicable in cases of donations or inheritances between Spanish tax […]

Economic motivation in corporate merger transactions

The reason for the corporate reorganisation is debatable if the absorbed company is inactive. Today we bring you a resolution of the Economic Administrative Court of Cataluña, dated 12 February 2018, due to its importance in mergers when a company is absorbed that is not active at the time of the absorption, although it may […]

Special tax regime for impatriates (Beckham Law): Requirements for its application

It is known as the Beckham Law because of the soccer player who was able to apply it and benefit from the tax reduction that this regime entails, but currently professional players are excluded from the possibility of applying this regime.  Let’s see a summary of who can apply the special regime, which basically consists […]

Taxation of severance pay when it is received in a fractioned manner over time

In this regard, the Directorate General of Taxes issued a ruling in response to a binding consultation, number V2209-20, dated 30th June, 2020. Let us point out the most important issues:  Article 7 e) of Law 35/2006, of 28th November, on Personal Income Tax provides that the following are not subject to income taxation.  “e) Compensation for dismissal or termination […]

Merger of companies. General aspects

Law 3/2009, of 3rd April 2009, on structural modifications of commercial companies (hereinafter, “LME”) regulates in its Title II the regime applicable to mergers between companies.  A fusion is defined as an operation by virtue of which two or more registered commercial companies are integrated into a single company through the transfer as a bloc of their assets and liabilities and […]

“Monetisation” of the R+D+I Deductions, or “Tax Cheque”

Did you know that you can receive part of the R+D+I deduction that you cannot apply in your corporate income tax return in money? As we published in our post titled “What Does the Research and Development Deduction Consist of?”, the application of this deduction is probably the most profitable in terms of the amount […]

ELECTRONIC BOOKS: NO MORE CARRYING BOOKS TO THE COMPANIES REGISTRY

It’s a reality now! On 27th September 2013, Law 14/2013, on support for entrepreneurs and their internalisation was presented. Article 18 of said Law indicated that companies’ books must be legalised electronically, with supports on discs and paper being rendered invalid. This refers to the Accounting Books, Minutes and Shareholders’ Books. Despite this, there have […]

Administrative Entity of Limited Liability Companies

There are two main decision-making groups in companies:  The General Meeting, which constitutes the governing board and is made up of all the company’s shareholders.  The management entity, which exercises the representative functions and is appointed by the company’s General Meeting.  It is on this last group that we will focus in this article. The law, in the Royal Legislative Decree […]