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An overview by Garrigues
In the March edition of its tax newsletter, our Spanish firm, Garrigues, discusses key tax developments in Spain, including:
(i) The tax authorities cannot recharacterise a transaction without considering the parties’ true intention, nor can they deny that the decision on deducting input VAT or otherwise may be modified.
(ii) Dismissal presumed by silence from the authorities must allow an appeal for judicial review to be filed without exhausting administrative remedies.
(iii) The tax authorities cannot issue an assessment directly to the taxpayer where the party with the payment obligation under the law is the taxpayer substitute.
(iv) The taxpayer’s centre of main interests must be examined from the standpoint of both the value and composition of assets in each territory.
(v) Secondary liability events due to an interposed person or entity must be used with caution.
Read the full newsletter here.
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