Tributario
The importance of tax residence: These are the rules in Latin America, Spain and Portugal
In this article we describe the factors determining the tax residence of individuals and legal entities or the existence of permanent establishments in the main Latin American countries, and in Spain and Portugal, along with the interpretation methods that in some cases the tax authorities of these countries have issued to take into account (or not) distortions caused by the health crisis.Late-payment interest charged by the tax authorities is deductible
For some years the tax authorities and the courts have upheld as a general rule that late-payment interest was not deductible for corporate income tax purposes before the current Corporate Income Tax Law (Law 27/2014, of November 27, 20109) whereas it was deductible after that law came into force. The National Appellate Court has now come to the opposite conclusion.Spain - General State Budget Law for 2021: Review of the tax measures
Law 11/2020, of December 30, 2020, the General Budget Law for 2021, (LPGE) was published in the Official State Gazette (BOE) on December 31, 2020. It includes numerous measures related to various taxes, which are summarized below.DAC 6: Spain transposes the Directive on tax intermediaries
The law transposing Council Directive (EU) 2018/822 of May 25, 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements (known as DAC 6) was published in the Official State Gazette on December 30, 2020. For now, however, the dates when it will be necessary to begin to make the relevant reporting are not known.Transfer pricing: The OECD publishes recommendations addressing the impact of COVID-19 on controlled transactions
On December 18, 2020, the Organization for Economic Cooperation and Development (OECD) published guidance (access here) to clarify and illustrate the practical application of the arm’s length principle in controlled transactions affected by the COVID-19 crisis. In light of the contents of the guidance, taxpayers should analyze the effects of the pandemic on their transfer pricing policies, adjust their economic analyses, review their intragroup agreements and verify whether there will be any substantial change in their advance pricing arrangements.COVID-19: Review of the year that changed everything and trends for 2021
2020 has been a year like no other. The world health emergency caused by the spread of COVID-19 and the resulting declaration of a state of emergency (lockdown) in Spain in March 2020 brought an unprecedented whirl of legislative activity. Companies have now been placed in an uncertain scenario where decision-making is the key to the future survival of their businesses. Over these months the Garrigues Special COVID-19 team have tried to provide answers to many of the questions that have arisen in the new context. Now that this traumatic 2020 is drawing to an end, we review and look back on the main legal matters of the year, from every angle of business law, while looking towards 2021 and picking out the most important trends to watch in the new year.Mexico: Legislative initiative to ban labor outsourcing is postponed
Given the relevance of the amendment and the great impact it may have from a fiscal, labor and social security point of view, the Mexican President has requested to the Congress that the analysis and discussion of the law initiative be postponed until the next ordinary session, that is, until February 2021.