June 2024

June 2024

THE SUPREME COURT ESTABLISHES AS A DOCTRINE THAT THE FOUR-YEAR STATUTE OF LIMITATIONS PERIOD FOR THE ADMINISTRATION'S RIGHT TO DETERMINE THE TAX DEBT IS COMPUTED FROM DATE TO DATE, REGARDLESS OF WHETHER THE LAST DAY IS A BUSINESS DAY OR A NON-BUSINESS DAY.N TO DETERMINE THE TAX DEBT IS COMPUTED FROM DATE TO DATE, REGARDLESS OF WHETHER THE LAST DAY OF SAID PERIOD IS A BUSINESS DAY OR A NON-BUSINESS DAY.
The Supreme Court established this as a doctrine in its Judgment of April 17, 2024.

HAVING A FULL-TIME EMPLOYEE WITH AN EMPLOYMENT CONTRACT DOES NOT GUARANTEE THAT THE INCOME DERIVED FROM THE LEASE OF REAL ESTATE IS CLASSIFIED AS INCOME FROM ECONOMIC ACTIVITY.
In line with previous pronouncements of other reviewing bodies, the High Court of Justice of the Balearic Islands understands that, if the workload is not sufficient to hire a full-time employee, the income obtained from the lease of real estate must be classified as income from real estate capital and not as income from economic activity.

MUNICIPAL CAPITAL GAINS TAX. THE TAX IS NOT ACCRUED IN THE EXTINCTION OF THE EXISTING CONDOMINIUM ON A PROPERTY THAT IS AWARDED TO A CO-OWNER WHO COMPENSATES THE REST IN CASH.
This is understood in Binding Consultation V0123-24, of February 15, 2024.

CONDITIONS AND METHOD OF APPLICATION OF THE DEDUCTION FOR ENVIRONMENTAL INVESTMENTS OF ART 39.1 OF THE CORPORATE INCOME TAX LAW.
Binding consultation of the DGT V0012-24, dated February 13, 2024.

IRPF. IRPF 2019-2023 REFUND REQUESTS BY PENSIONERS WHO MADE CONTRIBUTIONS TO MUTUAL FUNDS.
Prior to the Social Security pension system currently in force, social welfare in our country was organized through various mutual insurance companies of different types. In short, labor mutual insurance companies (Social Security management entities), mutual insurance companies that were substitutes for the Social Security management entities and mutual insurance companies that were complementary to the Social Security.

PERSONAL INCOME TAX. PER DIEMS ARE EXEMPT WHEN THEY HAVE A COMPENSATORY PURPOSE, NOT WHEN THEY REMUNERATE THE WORK PERFORMED.
Ruling of the Supreme Court of February 15, 2024.

IRPF. TAXATION OF INTEREST ON DEPOSITS IN SHARED ACCOUNTS.
The ownership will be of the person who deposits the money in the bank.

THE NET YIELD INDEXES AND THE GENERAL REDUCTION APPLICABLE IN THE OBJECTIVE ESTIMATION METHOD OF THE IRPF FOR AGRICULTURAL AND LIVESTOCK ACTIVITIES AFFECTED BY EXCEPTIONAL CIRCUMSTANCES ARE REDUCED FOR THE TAX PERIOD 2023.
The net yield indexes and the general reduction applicable in the objective estimation method of Personal Income Tax for agricultural and livestock farming activities affected by various exceptional circumstances are modified for the tax period 2023.

PROVISIONS PUBLISHED DURING THE MONTH OF MAY 2024

TAX CALENDAR FOR THE MONTH OF JUNE 2024