Spain | Tax Law Newsletter | July 2021

Tax update for the 2nd Quarter of 2021

Spain | Tax Law Newsletter | July 2021
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July 15, 2021

CORPORATE INCOME TAX

> Order from the National High Court (Audiencia Nacional) raising a question as to the unconstitutionality of Royal Decree-Law 3/2016

> Spanish Supreme Court judgment on the reversal of impairment relating to an adjustment applied under article 19.6 of the Consolidated Text of Corporate Income Tax Act

> Judgment issued by the High Court of Justice of Valencia of July 6, 2021, regarding the temporary allocation of income deriving from amounts refunded by the tax authorities due to the “healthcare cent” (céntimo sanitario)

PERSONAL INCOME TAX

> Central Economic and Administrative Tribunal ruling relating to the calculation of financial losses deriving from donations (inter vivos transfers)

> Spanish Supreme Court judgment regarding the reduction applicable to certain earned income within a vesting period exceeding two years

> Central Economic and Administrative Tribunal ruling on the calculation of travel time for the purposes of the exemption provided under article 7.p of the PIT Act

WEALTH TAX

> Supreme Court judgment on the scope of the exemption established in article 4.8.2 of the Wealth Tax Act to participatory loans granted by individuals

VALUE ADDED

> TAX New VAT regulations on ecommerce

OTHER DEVELOPMENTS

> Anti-tax Evasion Act

> National High Court judgment on the compatibility of the anti-abuse clause established under article 14.1.h of the Non-Resident Income Tax Act with European Union Law

> Supreme Court judgment on the classification of the retail marketing of electricity within the business activity tax rates

> Administrative doctrine relating to tax on certain digital services

> OECD and European Commission documents regarding the international tax reform

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July 15, 2021