Tax

October 17, 2022

The tax value and the sales value are independent for personal income tax purposes

Consultation V1607-22, of 4 July 2022 Following the sale of a property, the question arises as to whether the value to be considered for the purposes of calculating the capital gain is the transfer value or the tax value (valor ...

September 30, 2022

The tax base for the “plusvalia” tax in the case of a property developer

The Directorate General of Taxes (DGT) in its Consultation V0983-22 of 4 May 2022 analyses various questions regarding the calculation of the taxable amount of the municipal capital gain after the purchase of land by a real estate developer, subsequent ...

September 15, 2022

Tax residence change to Gibraltar

The Directorate General of Taxes (DGT) in its Consultation V1310-22, dated 9 June 2022 decides whether a Spanish national who transfers his residence to Gibraltar maintains his tax residency in Spain. The case arises where a Spanish national intends to ...

August 31, 2022

Obligation to declare foreign pensions depending on their amount

The ruling dated 28 June 2022 of the Central Economic-Administrative Court (TEAC) establishes certain thresholds to be taken into account when the taxpayer’s only income is a pension from a foreign source that has not been subject to withholding tax ...

July 29, 2022

Temporary absences when determining the applicable autonomous community inheritance and gift tax regulations

In its ruling issued 3 May 2022, the Supreme Court analyses the application of the rules of one autonomous community or another, taking into account that the one where the donee (the recipient of the donation) has spent the greatest ...

June 8, 2022

Sale of real estate companies: recent tax rulings

Taxation on the sale of companies with real estate as current assets On 29 March 2022, the Central Economic-Administrative Court ruled on the taxation of a sale of shares in a company with real estate accounted for as current assets. ...

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 ...

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. ...

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Tax