Corporate groups and the tax consolidation alterna […] Corporate groups and the tax consolidation alternative
Category: Tax
Tax consolidation has become a key tool for many corporate groups which, as they have grown and diversified their activities across different companies, now structure their organisation through a parent company acting as the group’s holding entity. This is the structure commonly used by well-established family groups, and it can be achieved through corporate reorganisation […]
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Contributions to family holdings: current situatio […] Contributions to family holdings: current situation and unresolved issues
Family holdings have become one of the most effective tools for organising and protecting the assets of family businesses. This type of structure not only helps maintain market competitiveness but also ensures business continuity across generations, offering a more orderly and efficient framework for managing a corporate group. To achieve this objective, the creation of […]
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Real estate leasing as an economic activity: updat […] Real estate leasing as an economic activity: update on recent case law
As already discussed in several previous posts, and in particular in the post authored by my colleague Hipólit Borrás i Cantó, which we now update in light of recent case law, the tax classification of real estate leasing remains a crucial issue for family businesses and asset-holding companies in Spain. As previously noted (without intending […]
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Tax equality for non-EU taxpayers: deduction of ex […] Tax equality for non-EU taxpayers: deduction of expenses in the non-resident income tax (IRNR) on Spanish rental income
Non-EU taxpayers who earn income from renting property in Spain have been at a disadvantage for years compared to EU residents. While the latter could deduct expenses related to the lease—such as mortgage interest, property tax, or repairs—non-EU residents were required to pay tax on gross income under the Non-Resident Income Tax (IRNR). This situation […]
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Cryptocurrencies and transfer tax (ITP): a new fro […] Cryptocurrencies and transfer tax (ITP): a new front in Spanish taxation
The interpretation of the Directorate-General for Taxation (DGT) Cryptocurrencies and ITP have become a central debate in the Spanish tax system. The expansion of crypto-assets has tested the limits of tax and legal frameworks. In Spain, the DGT — according to binding consultation V0935-25 — is consolidating an interpretation that directly affects the use of […]
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New corporate tax rates: key aspects every company […] New corporate tax rates: key aspects every company should know from 2025
Legal framework of corporate tax rates Law 27/2014 of 27 November on Corporate Income Tax (LIS) has introduced a major reform of corporate taxation in Spain. One of the central elements of this reform is found in Article 29, which regulates the tax rates applicable to taxpayers. In addition, Transitional Provision 44 establishes a temporary […]
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Retroactive application of R&D tax deductions […] Retroactive application of R&D tax deductions: new TEAC ruling
Change of DGT approach: situation before the new TEAC ruling In the field of R&D tax credits under Corporate Income Tax (CIT), the retroactive application of R&D tax deductions has been the subject of intense legal debate in recent years due to a change of position by the Directorate-General for Taxation (DGT), which directly affected […]
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The capitalisation reserve deduction under Corpora […] The capitalisation reserve deduction under Corporate Income Tax: updates, practical challenges, and recommendations
What is the capitalisation reserve deduction in Corporate Income Tax? The capitalisation reserve deduction is a tax incentive that allows Corporate Income Tax (CIT) payers to reduce their taxable base by a percentage of the increase in their equity, provided that two main conditions are met: This incentive is regulated under Article 25 of Law […]
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Can the Spanish tax authority search your home for […] Can the Spanish tax authority search your home for artworks? What you need to know
Inviolability of the home and legal requirements for inspections targeting artworks Is it possible for the Spanish Tax Agency (Agencia Tributaria), together with Customs Surveillance (Vigilancia Aduanera), to visit your home in search of information regarding artworks? It can happen—but only under certain conditions. The inviolability of the home is protected under Article 18.2 of […]
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Exit tax for companies: tax implications of intern […] Exit tax for companies: tax implications of international relocations of residence or assets
In an increasingly globalised environment, it is common for companies to structure their corporate groups to optimise tax, operational, regulatory, and commercial efficiency. Within this context, we are seeing a growing number of cases where companies relocate their tax residence or transfer significant assets to more favourable tax jurisdictions, or for purely strategic reasons. However, […]
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Finance leasing, commonly known as leasing, has become a strategic financial tool for businesses looking to acquire capital goods without compromising their liquidity. This instrument not only facilitates financing but also offers significant tax benefits—particularly in the real estate sector. What is a Finance Lease? A finance lease is a contractual arrangement whereby a financial […]
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Limitations on the use of tax loss carryforwards f […] Limitations on the use of tax loss carryforwards following a corporate acquisition
One of the tools available to companies for optimising their tax burden is the use of tax loss carryforwards. However, this mechanism cannot always be applied. Article 26.4 of Law 27/2014 of 27 November on Corporation Tax (hereinafter, the “CIT Law”) sets out a series of restrictions that prevent the utilisation of tax loss carryforwards […]
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Foundations: a tool for the promotion, investment […] Foundations: a tool for the promotion, investment and protection of art
Foundations have become a well-established legal vehicle within the art and culture ecosystem, aimed at the preservation, promotion and dissemination of artistic heritage. At Devesa, we created a dedicated Art Law practice within our legal and tax advisory services to support collectors, families with artistic assets, investors and institutions in the creation, management and legal […]
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The solidarity tax on large fortunes and its inter […] The solidarity tax on large fortunes and its interaction with the wealth tax
We are currently in the key period for filing Spain’s 2024 Income Tax and Wealth Tax (Impuesto sobre el Patrimonio, or IP) returns, which are due by 30 June. Since the 2022 tax year, however, a new companion tax has joined the calendar: the Solidarity Tax on Large Fortunes (Impuesto de Solidaridad de las Grandes […]
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Loans from a company to its shareholder: how to pr […] Loans from a company to its shareholder: how to prevent HMRC from treating them as a benefit
Loans between a company and its shareholders: a common practice In the day-to-day operations of many companies, especially family businesses or those with a small number of shareholders, it is common to see cash movements between the company and its shareholders. Among these, loans granted by the company to its shareholders are relatively frequent. However, […]
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Tax planning and anti-avoidance measures: abuse of […] Tax planning and anti-avoidance measures: abuse of law and sham transactions
At a time when the Spanish Tax Administration’s audit activity is relentless—and supported by increasingly sophisticated control tools—it’s important to remember that not all tax savings constitute fraud. There is also the entirely legitimate concept of “freedom of choice” or “tax planning”, i.e., the right to make lawful decisions that minimize the tax impact of […]
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Corporate restructuring operations: what is a secu […] Corporate restructuring operations: what is a securities exchange?
Corporate restructuring refers to strategic processes undertaken by companies to reorganise their organisational, financial, or legal structure with the aim of enhancing efficiency, adapting to market changes, or complying with new regulations. In an increasingly dynamic and competitive business environment, corporate restructuring has become an essential tool for ensuring the long-term viability of organisations. However, […]
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Tax incentives for startups and emerging companies […] Tax incentives for startups and emerging companies
On 21 December 2022, Law 28/2022 of 21 December, on the promotion of the ecosystem for emerging companies (hereinafter, the startup law), was published. In Spain, an emerging ecosystem of startups has been developing, and with the aim of reinforcing and promoting such companies as one of the driving forces behind the recovery and modernisation […]
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Special depreciation plans under the Corporate Inc […] Special depreciation plans under the Corporate Income Tax
General depreciation methods under the Corporate Income Tax Act (LIS) As is known to most taxpayers, companies may deduct as an expense, for Corporate Income Tax purposes, the annual depreciation corresponding to their fixed assets (intangible assets, tangible assets, and investment property). This allows the effective annual depreciation of these assets to be treated as […]
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In previous blog posts, we have dealt with important aspects of Real Estate Investment Trusts (REITs), such as REITs in family business planning, liquidity management in REITs or the tax advantages, possible disadvantages, stock market listing and future expectations of SOCIMIs. In this new entry, we are going to refer to the indirect taxation of […]
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Economic activity and property entity in the Corpo […] Economic activity and property entity in the Corporate Income Tax Law
Economic activity for corporate income tax purposes The concept of economic activity within a company can have important consequences with regard to the personal taxation of the individual partner, mainly in the Wealth Tax or in the Temporary Solidarity Tax on Major Fortunes, as well as in Inheritance and Gift Tax, determining the little or […]
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Tax developments in corporate income tax for the 2 […] Tax developments in corporate income tax for the 2025 fiscal year
Corporate Income Tax (IS) is one of the most relevant taxes in the Spanish tax sphere, generally affecting all entities operating in the national territory. With the entry into 2025, various tax reforms will be implemented, mainly introduced by Law 7/2024 and Royal Decree-Laws 9/2024 and 10/2024, which are of great importance given the significant […]
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How are VAT taxes applied to services provided by […] How are VAT taxes applied to services provided by individual CEO advisors to commercial companies?
Undoubtedly, the VAT taxation of services provided by individual Chief Executive Officers to commercial companies is one of the most controversial issues faced by companies and entrepreneurs on a daily basis, and as such, it generates significant interest.
For years, the uncertainty about the correct way to issue an invoice […]
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Liquidity management in the special tax regime for […] Liquidity management in the special tax regime for REITs
Real Estate Investment Trusts (REITs) are a type of company whose main activity focuses on the acquisition, development and refurbishment of urban real estate for rental purposes. Legally, the legal regime for this type of company is set out in Law 11/2009, of 26 October, which regulates Real Estate Investment Trusts (hereinafter referred to as […]
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Tax advantages of making investments through SCRs […] Tax advantages of making investments through SCRs or venture capital companies
The investment industry is continuously growing in Spain and gaining more and more weight. In our recent publications, we have tried to explain the main characteristics of some investment vehicles such as the Free Investment Companies or Closed-Ended Investment Companies (SICC). Along the same lines, in this article we are going to analyse the tax […]
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In previous posts in our blog, we have highlighted the growing interest in Free Investment Companies (SIL), as they are flexible investment vehicles that allow investment in any type of financial asset (shares, stocks, crypto-assets, etc.), offering a minimum taxation in the Corporate Income Tax. In today’s post, we will detail the main tax benefits […]
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Related-party transactions in Corporation Tax: wha […] Related-party transactions in Corporation Tax: what they are, form 232 and how to document them
Once again this year, the date for filing form 232 is approaching, which takes place during the month of November for those companies that close their tax year on 31 December. For many, this form is probably completely unknown, but it is very important for companies to be aware of it and to assess whether […]
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Tax implications of the exit of a shareholder from […] Tax implications of the exit of a shareholder from the shareholder structure
In family businesses, it is common to find certain corporate conflicts that can be resolved with the exit of the dissatisfied partner (or partners). In this article, we will explain the tax implications of the exit of a partner from the shareholding of a business entity. This issue is covered by the Capital Companies Act […]
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Spain is an increasingly attractive country, whether for strategic or commercial considerations or, directly, for the quality of life it offers, which in turn attracts the establishment and location of foreign individuals with large estates, both within and outside our territory. However, often, due to a lack of knowledge of the applicable regulations, significant risks […]
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Taxation of leasing of housing for employee use Taxation of leasing of housing for employee use
Nowadays it is quite common for companies not only to pay monetary remuneration for the work of their employees, but also to pay for these services by offering their employees payments in kind, some of the most common being: the assignment of the use of a house or a vehicle, the contracting of medical insurance, […]
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