Category: International taxation
Teleworking and permanent establishment? The new keys to the OECD convention
The OECD insists on the concepts of availability of housing by the company and habituality in the exercise of the activity from that domicile; and underlines the importance of there being a commercial reason for the provision of services under a teleworking regime. Remote working has become a common practice in many organizations, especially after […]
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 […]
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 […]
Vacation rental: Reflections on the taxation of non-residents in Spain
The correct taxation of non-resident income derived from the vacation rental of real estate in Spain requires an adequate characterization of such income, a complex task in the light of the regulation and the resolutions of the Directorate General of Taxes. The taxation of income derived from vacation rentals depends on its characterization as business […]
The carbon border adjustment mechanism: what it is and how it can affect importers of goods
This mechanism, already in force since 1 October 2023, provides for a more flexible transitional regime until 31 December 2025. The Carbon Border Adjustment Mechanism (CBAM) was approved by EU Regulation 2023/956 of 10 May 2023, with the aim of contributing to the reduction of greenhouse gas emissions and, in particular, to combat the risk […]
The Spanish rules on withholding taxes on dividends paid to foreign shareholders are contrary to EU law
According to the Court of Justice of the European Union, the Biscayan rules on non-resident income tax grant different treatment to withholdings borne by national shareholders as compared with those borne by non-resident shareholders, which is contrary to the Treaty on the Functioning of the European Union. The distribution of a dividend by a company […]
- 1
- 2