Ortiz Abogados | Law Firm

February 1, 2022

Can loss generated after donating an asset be deducted?

A few months ago, the Central Economic-Administrative Court (“TEAC”) in its ruling of 31 May 2021 analysed the possibility of deducting the losses that may be generated by the difference between the acquisition value of the donated asset and its ...

January 10, 2022

Relevant changes to the Andalusian planning law

On the 24th of December 2021 the new Andalusian planning law (“LISTA” Spanish acronym) came into force which substitutes the former one enacted in 2002 which has been amended in numerous occasions and caused many disputes and the cancellation of ...

December 6, 2021

Director’s compensation continues on the Tax Authorities’ radar

For some time, tax inspectors have been focused on questioning the tax deductibility of compensation to directors. Based on several rulings from the Economical Administrative court, it is again questioned whether compensations are deductible, especially on cases where such compensation ...

June 26, 2021

Dividends from subsidiaries to Parent companies: are they exempt when the parent company is majorly owned directly or indirectly by a non-European member resident?

The National High Court in a ruling dated 31 May 2021 confirms when a company can take advantage of the dividend exemption from subsidiary to parent company. The case consists of a Luxembourg company – fully owned by a Qatar ...

March 17, 2021

Donation tax Statute of limitations on bank transfers

Ruling from the Supreme Court dated 30 November 2020 determines when does the statute of limitations start running for donation tax on a given donation made through a bank transfer and such only being disclosed on the relevant bank statement. ...

March 2, 2021

A single joint director can call a general meeting with the purpose to amend the directorship structure

The General Directorate for Legal Security and Public Faith has issued on 12 November and 22 October 2020 two similar resolutions by which they approve that a Shareholder’s General Meeting can be called by only one of the two joint ...

February 23, 2021

Tax implications when using your parents’ bank accounts

A ruling from the Supreme Court of Justice of the Balearic Islands dated as of 4 May 2020 rules on the implications of children using parents’ bank accounts as an authorised party. Both the tax inspection body and the first ...

December 2, 2020

Family business and wealth tax: how to face the year end

Family businesses take advantage of certain tax breaks in regards to Wealth Tax (“WT”) and Inheritance and Donations Tax (“IDT”) in order to ease the transfer to future generations as well as its existence throughout time. Such tax breaks in ...

September 24, 2020

Taxation upon contributing mortgaged property to a company

Several appeals ref. (3205/2017, 6263/2017 y 5194/2017) have been ruled recently by the Supreme court in relation to how must a contribution of mortgaged properties to a Spanish company be taxed when the latter takes over the mortgagor’s obligations. The ...

August 3, 2020

Tax residency in Spain during lockdown

In a recent tax binding consultation ref. V1983-20, the question is raised on whether a forced stay in Spain due to lockdown will count to qualify as a Spanish tax resident. The case in hand relates to a Lebanese couple ...

NEWS

Can loss generated after donating an asset be deducted?

Relevant changes to the Andalusian planning law

Director’s compensation continues on the Tax Authorities’ radar

Dividends from subsidiaries to Parent companies: are they exempt when the parent company is majorly owned directly or indirectly by a non-European member resident?

Donation tax Statute of limitations on bank transfers

A single joint director can call a general meeting with the purpose to amend the directorship structure

Tax implications when using your parents’ bank accounts

Family business and wealth tax: how to face the year end

Taxation upon contributing mortgaged property to a company

Tax residency in Spain during lockdown

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