March 2024

March 2024

AMENDMENTS TO THE PERSONAL INCOME TAX REGULATIONS ON WITHHOLDINGS AND PAYMENTS ON ACCOUNT ON EARNED INCOME
Royal Decree 142/2024, of February 6 (BOE of February 7, in force and effective as from February 8), amends the Personal Income Tax Regulations.

VAT DEDUCTIBILITY OF MIXED-USE VEHICLES TRANSFERRED TO EMPLOYEES
The Supreme Court rules when an entity assigns the use of a vehicle free of charge.

THE SUPREME COURT REINFORCES ITS DOCTRINE ON THE EXPIRATION OF THE LIMITED VERIFICATION PROCEDURE AND EXTENDS IT TO THE ACTIONS OF OBTAINING TAX INFORMATION SO THAT THESE CAN BE PROJECTED IN THE SUBSEQUENT PROCEDURE.
The SC reinforces its doctrine contained in the STS of February 26, 2019.

BINS CANNOT BE COMPENSATED SINCE, DESPITE BEING DULY ACCOUNTED FOR, THEY HAVE NOT BEEN INCLUDED IN THE SELF-ASSESSMENTS FILED OR, FAILING THAT, SETTLED BY THE ADMINISTRATION.
The SCJ of Valencia analyzes whether it is possible to offset tax losses in such circumstances.

ANALYSIS OF THE NATIONAL COURT ON THE DEDUCTIBILITY OF THE REMUNERATION OF DIRECTORS IN FAMILY COMPANIES
Ruling 6056/2023, dated November 20, 2023, rules on various issues, highlighting, however, due to its analysis, the deductibility of the remuneration of directors in family businesses.

THE SUPREME COURT DENIES THAT THE PAYMENT OF THE IIVTNU (CAPITAL GAINS TAX) DECLARED UNCONSTITUTIONAL BY STC 182/2021 FOR VIOLATING THE PRINCIPLE OF ECONOMIC CAPACITY AUTOMATICALLY GIVES RISE TO THE RIGHT TO COMPENSATION FOR FINANCIAL LIABILITY OF THE LEGISLATING STATE.
The Supreme Court has dismissed the claims for compensation to the State for the payment of the Tax on the Increase in Value of Urban Land (IIVTNU).

REGULATORY PROJECT OF MORE INFORMATION TO THE PUBLIC TREASURY
The Ministry of Finance is studying to increase the control of cards, payment terminals and currency exchange. It also studies that the notaries demand from the donors a certificate of being up to date with the Treasury.

PROVISIONS PUBLISHED DURING THE MONTHS OF JANUARY AND FEBRUARY 2024

TAX CALENDAR FOR THE MONTH OF MARCH 2024