Tax Newsletter - May 2016

05 / 27 / 2016

Download Tax Newsletter - May 2016

March newsletter prepared by professionals from the Tax Department.

Judgments

1.1 Corporate income tax.- Income from preferred shares in Australian subsidiaries is not eligible for the double taxation exemption (National Appellate Court. Judgment of January 7, 2016)
1.2 Value added tax.- Telephone services will be regarded as used in Spanish VAT territory if users use them in that territory (Supreme Court. Judgment of April 6, 2016)
1.3 Inheritance and gift tax.- No restriction to the freedom of establishment if the credit institutions of one member state have to notify the assets held or managed at their branches in another member state in the event of the death of their owner (Court of Justice of the European Union. Judgment of 14 April 2016, case C-522/14)
1.4 Inspection procedure.- The complexity giving rise to an extension of the term for inspection work disappears if there is no activity by the tax authorities (Supreme Court. Judgment of March 17, 2016)
1.5 Inspection procedure.- There is no delay attributable to the taxpayer where the taxpayer states that they do not possess documents, if the inspectors can request them from a third parties (Supreme Court. Judgment of March 16, 2016) 6
1.6 Review procedure.- The prohibition on correction for the worse (reformatio in peius), must be determined separately for each claim and year (National Appellate Court. Judgment of January 7, 2016)

Decisions and rulings

2.1 Corporate income tax and VAT.- Tax treatment of the indemnification paid by seller to buyer in the transfer of a business with a negative value (Directorate-General for Taxes. Ruling V1088-16, of March 17, 2016)
2.2 Corporate income tax.- The costs of external consultants are not part of the production cost of the intangible for the purposes of the patent box regime (Directorate-General for Taxes. Ruling V1090-16, of March 16, 2016)
2.3 Corporate income tax.- A restriction on the powers of directors for the management of shares will preclude the regime for foreign-securities holding entities (ETVE) from being used (Directorate-General for Taxes. Ruling V1065-16, of March 16, 2016)
2.4 Corporate income tax.- In fiscal year 2015 net operating losses (NOLs) may be offset up to a minimum of €1 million in all cases (Directorate-General for Taxes. Ruling V1057-16, of March 16, 2016)
2.5 Corporate income tax.- Correction of the accounting treatment of a derivative instrument (Directorate-General for Taxes. Ruling V0931-16, of March 10, 2016) under the new tables (Directorate-General for Taxes. Ruling V0882-16, of March 9, 2016)
2.7 IRPF.- Deduction of the fees paid to an association granted public benefit organization status (Directorate-General for Taxes. Ruling V1026-16, of March 15, 2016)
2.8 Nonresident income tax.- Treatment of repayments of contributions (Directorate-General for Taxes. Ruling V1354-16, of March 31, 016)
2.9 VAT.- The credit must be amended where the good is not used for its originally stated purpose (Central Economic-Administrative Tribunal. Decision of March 17, 2016)
2.10 Value added tax.- The right to amend the self-assessment due to termination of the agreement does not expire within a year if there has been a dispute over how that right must be exercised (Central Economic-Administrative Tribunal. Decision of March 17, 2016)
2.11 Penalty decision.- A fresh penalty proceeding may be initiated if the assessment is reversed for procedural reasons (Central Economic-Administrative Tribunal. Decision of November 5, 2015)

Legislation

3.1 Reduction for 2015 of the net income indexes and the adjustment index for livestock feed applicable in the objective assessment method for personal income tax purposes for agricultural and livestock activities affected by exceptional circumstances
3.2 New Union Customs Code
3.3 The forms for notices of assessment by the tax inspectors have been amended

Miscellaneus