Tax law

The tax on large fortunes -recently proposed legislation-

Last Tax Hour On Thursday 10 November 2022, the text that the Government intends to approve to create the so-called Tax on Great Fortunes saw the light of day. This proposal has been made through an amendment to the Proposed Law for the establishment of temporary taxes on energy and credit institutions and financial establishments, […]

How the VAT One-Stop Shop (OSS) and for Imports (IOSS) Works

As we commented in a previous article, the new Royal Decree-Law 7/2021, of April 27, 2021, was published on April 28, 2021, which adapts, in Article 10 of Title V, the internal regulation to the European Union directives in relation to VAT on e-commerce, in order to tax at destination and reduce the administrative charge […]

Taxation of the release of the debtor on a mortgage loan

On 20 May 2020, the Supreme Court in appeal number 3696/2017 ruled on the taxation of the release of a debtor in a novation of a mortgage loan, determining that it is taxable for Stamp Duty Tax (hereinafter, AJD). This ruling is a substantial change in the operation carried out to date and is already […]

Changes in Inheritance and Gift Tax in Andalusia applicable as from 1st January 2022

On the 20th of October, Law 5/2021, on Assigned Taxes of the Autonomous Community of Andalusia, was published in the Official Gazette of the Junta de Andalucía, with novelties, among others, in the Inheritance and Gift Tax, novelties that come into force in 2022. Let’s see what is new with respect to the previous regulation […]

Household goods in the calculation of an inheritance

If you have to liquidate the Inheritance and Gift Tax (ISD) in the near future, you should know that the Supreme Court has ruled on how to value the domestic household goods for the purposes of this tax, which is included in article 15 of the Inheritance and Gift Tax Law (LISD). The aforementioned article […]

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 […]