El arrendamiento es actividad económica aunque su gestión se externalice, según confirma la Dirección General de Tributos

Real Estate leasing is an economic activity even when management is outsourced, according to the Directorate General of Taxes

According to the most recent criterion of the Directorate General of Taxes (DGT), real estate leasing can be classified as an economic activity for Corporate Income Tax purposes when managed by specialized experts who have been subcontracted, even if there is not a full-time employee exclusively dedicated to its management, as literally required by law. […]

Minimum 15% Global Tax: new steps on the most relevant tax measure of recent years for large Groups of Companies

Minimum 15% Global Tax: new steps on the most relevant tax measure of recent years for large Groups of Companies Among other provisions, the Bill contemplates a very strict penalty regime, establishing fixed fines of 10,000 euros for each data point or set of data that should have been included in the declaration (in cases […]

Spain: The General Directorate of Taxes (DGT) clarifies that capital reductions with return of contributions have no impact on the capitalization reserve

Contrary to the criteria previously maintained by some regional economic-administrative courts and the DGT, it is now concluded that, if contributions to equity are not taken into account when computing the increase in equity that gives the right to apply the incentive or to analyze whether the maintenance requirement is met, the same treatment should […]

The Supreme Court opens the door to the deductibility of expenses accrued in prescribed fiscal years

In a recent ruling, the Supreme Court has clarified that the legal impossibility of deducting expenses accrued in previous fiscal years, when this would result in lower taxation compared to what would have corresponded in the year of accrual, cannot automatically prevent the deduction of expenses from prescribed fiscal years. One of the issues that […]

Time of imputation of refunds of taxes declared unconstitutional

The Constitutional Court has been limiting the temporal effects of the unconstitutionality of tax rules, in the case of non-consolidated situations, to the date on which the corresponding ruling is handed down, with an expansive interpretation of this concept of “non-consolidated situation”. We review what these limitations consist of and how to allocate any refunds […]