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Tax Newsletter - November 2021

Spain - 

Spanish Supreme Court confirms National Appellate Court’s principle: offsetting tax losses is not a tax option

In a judgment delivered on November 30, 2021, the Supreme Court examines whether it is allowed to offset tax losses on a corporate income tax self-assessment filed outside the time limit and concludes that it is. Moreover, according to a judgment on October 29, 2021 by the National Appellate Court, if this gives rise to an incorrect payment, the incorrectly paid tax must be refunded with late-payment interest calculated from when that payment was made (including prepayments).

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