Tax Newsletter - December 2019
Spain -
Accelerated amortization for intangible assets with indefinite useful lives is allowed in the regime for companies of a reduced size
The Directorate General for Taxes (DGT) has concluded that the accelerated amortization system may be used in the regime for companies of a reduced size, though only for goodwill and for intangibles with useful lives that cannot be reliably estimated.
Judgments
- Corporate income tax.- The 'relationship theory' (teoría del vínculo) does not apply where, although an employment relationship coexists with a contract for services, the characteristics of working for another and dependency defining an ordinary employment relationship are present
- Corporate income tax.- Tax neutrality regime cannot be denied by reason of a breach of procedural requirements alone
- Tax on increase in urban land value.- Supreme Court confirms option to apply for damages to the legislating state in relation to the tax on increase of urban land value
- Administrative procedure.- Liability arising from transfers of undertakings is not joint and several if it can be inferred from contractual documents that the tax debt must be assigned to specific assets attributed to a single entity
- Penalty procedure.- When a penalty is voided for substantive reasons and the decision has become final, the enforcement period is one month
- Enforcement procedure.- The tax authorities have to provide proof of the date when they receive the decisions they are required to enforce
Decisions
- Corporate income tax.- Penalty regime for breach of reporting obligations for controlled transactions cannot be applied to transactions before the regulations implementing these obligations
- VAT.- Exclusivity clause in the distribution of insurance is a supply of services subject to and not exempt from VAT
- Limited audit procedure.- For the purposes of a limited audit a general request for all movements in the taxpayer’s bank account is not valid
- Collection procedure.- TEAC looks at joint and several liability for concealing or transferring the principal debtor’s property or rights
Resolution requests
- Corporate income tax.- Two part-time employees do not count as one full-time employee
- Corporate income tax.- The provision for maintenance expenses is deductible if it is recorded correctly
- Personal income tax.- Rules on exit tax for change of residence to another EU state also apply for Switzerland
- Personal income tax.- Dividends must be attributed to each shareholder according to their ownership interest, regardless of private arrangements among them
Legislation
- VAT form 318 approved
- Approval of forms for providing proof of tax residence of foreign pension funds and collective investment vehicles
- New tax stamp formats for bottles or other receptacles for alcoholic beverages
- Various orders relating to information returns have been amended
- Wealth tax renewed for 2020 and other tax measures
Contact
