WHEN A LIQUIDATION IS ANNULLED FOR SUBSTANTIVE OR SUBSTANTIVE REASONS, THE ADMINISTRATION CANNOT COMPLETE WHAT HAS ALREADY BEEN DONE, NOR CAN IT CARRY OUT NEW VERIFICATIONS OR NEW REQUIREMENTS TO INTEGRATE ITS ACTIONS.
This is established in a Ruling of the Audiencia Nacional dated April 19, 2023.
TIME OF IMPUTATION OF THE ARREARS DERIVED FROM THE SALARY UPDATE OF A COLLECTIVE BARGAINING AGREEMENT
According to the CV of the DGT, they should be imputed in the tax period in which they are due.
MODIFICATION OF THE LIMIT TO THE DEDUCTIBILITY OF FINANCIAL EXPENSES IN THE CORPORATE INCOME TAX.
For tax periods beginning on or after January 1, 2024, a rule is established that connects the magnitude of the operating profit on which the limit of deductibility of net financial expenses is calculated with the taxable income for corporate income tax purposes, and the subjective exclusion rule for entities similar to credit institutions and insurance companies is eliminated.
THE SUPREME COURT PUTS A STOP TO THE ADMINISTRATIVE AND JUDICIAL PRACTICE THAT QUESTIONS THE TAX RESIDENCE CERTIFICATES.
The Supreme Court confirms in the judgment of June 12, 2023 (RCA 915/2022) that the Tax Administration cannot question a tax residence certificate issued by another Administration for the purposes of the application of double taxation avoidance treaties.
REDUCTION OF SEVERANCE PAY TO DIRECTORS AND SENIOR EXECUTIVES
The Supreme Court allows directors and senior executives to reduce their severance indemnity in the IRPF.
DEDUCTIBILITY OF LATE PAYMENT INTEREST FOR TAXPAYERS WHO CARRY OUT ECONOMIC ACTIVITIES.
As for IS taxpayers, the Supreme Court has accepted the deductibility of late payment interest for IRPF taxpayers who carry out an economic activity.
THE DGT PRONOUNCES, ONCE AGAIN, ON LATE PAYMENT INTEREST, TO SPECIFY THAT ITS INTEGRATION IN THE TAXABLE BASE WILL NOT BE SAVINGS INCOME, BUT WILL BECOME GENERAL INCOME.
This is specified by the DGT in its binding consultation V1664/2023 of 13-06-2023.
PROPOSAL FOR A TRANSFER PRICING DIRECTIVE
The Commission proposes to harmonize the legislation on related-party transactions in the European Union.
PROVISIONS PUBLISHED DURING THE MONTHS OF AUGUST AND SEPTEMBER 2023
TAX CALENDAR FOR THE MONTH OF OCTOBER 2023