Our Spanish firm, Garrigues, has published the latest version of its Tax Newsletter, summarising the key tax judgements, decisions, resolutions, and legislation in the third fiscal quarter from July to September 2023. This includes:
Corporate income tax: The EU General Court annuls the Third Decision of the European Commission on financial goodwill.
Non-resident income tax: Compensation paid by a company resident in Spain to its directors which is charged to a permanent establishment located abroad is not taxable in Spain.
Real estate tax: The Supreme Court holds that several articles of the tax ordinance regulating the Barcelona metropolitan tax are unlawful.
VAT: The VAT on supplies relating to a property utilized in part for the purposes of the economic activity is partially deductible.
Administrative procedure: The fact of an enabled electronic address having been accessed is evidence that a notice has been validly served, even where it has not been proven that the taxpayer voluntarily accepted this system.
Legislation: The effective annual interest rates for the fourth quarter of 2023, to be used to characterize certain financial assets for tax purposes, have been published.
