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The Reserve for Investments in the Canary Islands can be materialized in residential housing for rental
This expansion of the investment possibilities of the RIC is carried out with the declared purpose of overcoming the housing emergency situation in the Canary Islands. Since the modification introduced in Article 27 of Law 19/1994, of 6 July (amending the Economic and Fiscal Regime of the Canary Islands), by Royal Decree-Law 12/2006, of 29 […]
Residents outside the European Union or the European Economic Area can also deduct expenses from their rental income
The National High Court fully accepts the application of the principle of free movement of capital to third countries for income from real estate leases, although there is no case law of the CJEU for the specific case of this type of income. Tax payers resident in Spain determine the income from real estate capital […]
For the leasing of real estate to be an economic activity, it is sufficient to have a full-time employee who manages the activity
The Supreme Court has put an end to a traditional debate in the field of the benefits of the family business regime in the inheritance and gift tax, by ruling that (contrary to what the Administration and some courts had been arguing), no additional requirements can be demanded beyond those established by the Personal Income […]
The buyer’s mortgage subrogation in real estate transactions in Spain is not subject to Stamp Duty Tax
The Directorate General of Taxes ratifies its traditional doctrine, resolving the doubts that had arisen after the Supreme Court ruling of 2020 referring to condominium extinctions with express release of co-debtors. The traditional doctrine of the Directorate General of Taxes (DGT) (contained, among others, in its resolutions V1859-05, of 22 September, V1141-09, of 19 May […]
Courts tighten the noose on the reference value of real estate
Some high courts of justice are already raising doubts about the automatic application of the reference value, forcing “pay first and challenge later”. Besides, the Constitutional Court has recently admitted a question of unconstitutionality raised by the High Court of the Andalucian Community, which questions whether this mechanism violates the principles of economic capacity and […]
Double taxation treaties prevail over domestic law
According to the Spanish National Appellate Court (Audiencia Nacional), Brazilian “juros” must be classified as dividends for the purposes of the double taxation agreement between Spain and Brazil. Therefore, since treaties prevail over domestic law, the treaty-based exemption for such income cannot be denied. Brazilian tax law allows companies resident in Brazil to distribute to […]