SELF-ASSESSMENT RECTIFICATION. ITS REGULATORY DEVELOPMENT HAS BEEN APPROVED IN CERTAIN CASES.
The presentation of a rectifying self-assessment will be obligatory for those who wish to rectify, complete or modify the VAT, IRPF, IS, IIEE and IGFEI self-assessments previously presented and must be made using the corresponding form.
THE MUNICIPALITIES CANNOT ISSUE SEIZURE PROCEEDINGS FOR ACCOUNTS OPENED IN BRANCHES OF FINANCIAL ENTITIES LOCATED OUTSIDE THEIR MUNICIPAL DISTRICT.
According to the Supreme Court, the municipal administration cannot seize accounts opened in other municipalities, even when the seizure does not require actions to be taken outside the territory of the seizing administration.
PERSONAL INCOME TAX. THE TAX REGULATION DOES NOT REGULATE THE POSSIBILITY OF PASSING ON TO THE EMPLOYEES THE WITHHOLDINGS CLAIMED BY THE TAX AGENCY.
This is the opinion of the Directorate General of Taxes in Consultation V3270-23, dated December 19, 2023.
THE SUPREME COURT UPHOLDS THE PATRIMONIAL RESPONSIBILITY OF THE STATE IN RELATION TO THE TAX ON THE INCREASE IN VALUE OF URBAN LAND (PLUSVALÍA MUNICIPAL) WHEN THE TAXPAYER PROVES THE NON-EXISTENCE OF THE INCREASE IN VALUE OF THE LAND.
The Supreme Court admits that the unconstitutionality of the system for determining the taxable base of the tax, declared by Constitutional Court Ruling 182/2021, entails the liability of the State legislator when the non-existence of an increase in the value of the land is accredited.
THE REMUNERATION RECEIVED BY THE ADMINISTRATORS OF A COMPANY, ACCREDITED AND ACCOUNTED FOR, EVEN IF NOT PROVIDED FOR IN THE COMPANY'S ARTICLES OF ASSOCIATION, DOES NOT CONSTITUTE A NON-DEDUCTIBLE LIBERALITY.
Judgment of the Contentious Chamber of the Supreme Court of 13 March 2024.
CORPORATE INCOME TAX. AN EXPENSE BOOKED IN A YEAR SUBSEQUENT TO THAT OF ITS ACCRUAL IS DEDUCTIBLE TO THE EXTENT THAT SUCH ALLOCATION DOES NOT RESULT IN LOWER TAXATION, EVEN THOUGH THE YEAR IN WHICH THE EXPENSE WAS ACCRUED IS STATUTE-BARRED.
The Supreme Court considers that article 11.3 of the Corporate Income Tax Law allows the deduction of an expense incorrectly booked in a year subsequent to that of its accounting accrual if the only reason to sustain that it entails a lower taxation is its origin and its accrual in a prescribed year.
to sustain that it involves a lower taxation is its origin and its accrual in a prescribed year.
TAX RETURNS TO BE FILED UNDER FORM 210, CORRESPONDING TO INCOME DERIVED FROM THE LEASING OF REAL ESTATE.
PROVISIONS PUBLISHED DURING THE MONTH OF APRIL, 2024
TAX CALENDAR FOR THE MONTH OF MAY 2024