Tributario
Exemption for work performed abroad: Directors can apply the exemption for their executive activities
The Supreme Court has concluded that directors are entitled to the exemption for work performed abroad as part of their executive activities. Also, the courts are placing limits on the documents that the tax authorities are allowed to request from the taxpayer to prove that the tasks were performed for the benefit of nonresidents companies or entities.Personal income tax filing season: a few principles to be considered on determining transfer value in sales of unlisted shares
Several courts have pronounced on the special pricing rule for transfers of unlisted shares and in particular on how to apply the rule to transfers of shares in dormant or newly created companies. They have also pronounced on the burden of proof in relation to market value and on whether a limited review is a valid procedure for examining these transactions.Tax on increase in urban land value: determinations by the courts and the DGT on timing effects of constitutional court judgment voiding the tax
Directorate General for Taxes and courts examine timing effects of constitutional court judgment of October 26, 2021 and entry into force of Royal Decree-Law 26/2021 of November 8, 2021 amending the legislation to adapt it to the Constitutional Court’s decision.In judicial review proceedings, expert reports prepared by public officials do not have greater value than those produced by the applicant
Supreme Court holds that where the government is party in a proceeding, expert reports prepared by its public officials to defend its interests cannot be presumed objective and impartial.Spain: new tax measures in the Law on waste and contaminated land for a circular economy
Law 7/2022 of April 8, 2022 creates an excise tax on non-reusable plastic packaging and a tax on waste sent to landfill, incineration and co-incineration, which will come into force on January 1, 2023. It moreover imposes an obligation on local authorities to charge a fee in relation to waste treatment, modifies the rules on the charge on the use of inland water for electricity generation and adds amendments to the VAT rules for gifts of products.Donations to Ukraine: a review of the corporate income tax treatment in Spain and Poland
Since the start of the invasion of Ukraine, many companies have been making donations to support relief efforts following the invasion. In this commentary we review the main corporate income tax implications of these donations for Spanish or Polish resident donor legal entities.