Tax Newsletter - January 2019

Spain - 01 / 31 / 2019

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This month’s newsletter analyzes the new UNE standard 19602 on tax compliance, which helps companies to adopt protocols to ensure compliance with tax legislation. It also contains a roundup of the most significant judgments, ruling requests and legislation for taxpayers.

Tax compliance: UNE standard 19602 will help establish good tax practices

Companies will have access to a tool helping them adopt protocols for the adoption, implementation, maintenance and enhancement of compliance programs in the field of tax law.

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Judgments

Principle of primacy.- Government authorities have a duty to disapply national law that is contrary to EU law
Personal income tax.- Nonresidents subject to personal income tax in the framework of limited tax liability may deduct compulsory contributions paid into an occupational pension scheme
Tax on economic activities.- Location multipliers must be reasoned
Cadastral values.- The cost/benefit multiplier does not apply for calculating the cadastral value of properties not built for subsequent sale
Audit procedure.- Economic-administrative tribunal decisions changing an interpretation given by the DGT cannot be implemented retroactively

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Ruling requests

Corporate income tax.- A change to the book value of shares does not have tax effects
Personal income tax.- Principal residence status ends if the property is rented out to tourists, even if for a few days
Inheritance and gift tax.- Solar panels are characterized as real property
Information returns.- Attorneys-in-fact for the accounts of nonresident entities do not have to report them on Form 720 if they are disclosed in consolidated financial statements in Spain

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Legislation of interest

The Annual Tax and Customs Control Plan for 2019
Form 233: Information return for expenses at authorized kindergarten or infant education institutions
Amendment of the Personal Income Tax Regulations

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