Tax planning and anti-avoidance measures: abuse of […] Tax planning and anti-avoidance measures: abuse of law and sham transactions
Category: Tax
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 […]
Read article
Corporate restructuring operations: what is a secu […] Corporate restructuring operations: what is a securities exchange?
Read article
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, […]
Read article
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 […]
Read article
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 […]
Read article
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 […]
Read article
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 […]
Read article
Tax developments in corporate income tax for the 2 […] Tax developments in corporate income tax for the 2025 fiscal year
Read article
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 […]
Read article
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 […]
Read article
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 […]
Read article
Tax advantages of making investments through SCRs […] Tax advantages of making investments through SCRs or venture capital companies
Read article
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 […]
Read article
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 […]
Read article
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 […]
Read article
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 […]
Read article
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 […]
Read article
Taxation of leasing of housing for employee use Taxation of leasing of housing for employee use
Read article
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, […]
Read article
Can a company deduct tax paid abroad from its Corp […] Can a company deduct tax paid abroad from its Corporation Tax?
In the context of a globalised economic system in which commercial relations between companies from different countries are a fact of life, the question arises as to how this will affect their taxation. Specifically, if a company incorporated in Spain supplies goods or services to companies not established in Spain for which it obtains income […]
Read article
Property leasing: alternatives and tax implication […] Property leasing: alternatives and tax implications
With the entry into force on 26 May 2023 of Law 12/2023, of 24 May, on the right to housing, and as we commented in our blog just before its approval, the rental housing market is in one of its most convulsive moments, which may put the activity of landlords at risk due to excessive […]
Read article
Valid economic rationale and concept of ‘tax advan […] Valid economic rationale and concept of ‘tax advantage’ in corporate restructurings. TEAC Rulings 6448/2022 and 6452/202 […]
Corporate restructurings are a practice widely used by business groups for various reasons, among others, because all economic activity must be structured in an efficient, orderly manner and with properly managed resources in order to correctly analyse the profitability of each line of business, as well as to enhance such profitability, without any of them […]
Read article
The deductibility of impairment losses on trade re […] The deductibility of impairment losses on trade receivables for Corporation Tax purposes and the modification of the tax […]
Read article
Loan defaults are a reality that many companies face in their day-to-day business activities. It is therefore important for taxpayers to be clear about their correct tax treatment in order to comply with their tax obligations in accordance with the regulations in force at any given time. In this publication we address the tax treatment […]
Read article
How does the distribution of dividends affect a co […] How does the distribution of dividends affect a company when its partner is not a tax resident in Spain?
There are many cases in which a company established in Spain distributes dividends to its partner who is not a tax resident in Spain. In this type of case, both Spanish companies and non-resident partners encounter difficulties in determining the taxation of this income. This is due to the fact that not only are Spanish […]
Read article
Personal income tax exemption for work carried out […] Personal income tax exemption for work carried out abroad
In the process of internationalisation and globalisation in which the business world is currently involved, it is increasingly common for company employees and managers to be sent temporarily from Spain to work abroad to carry out work of different levels of qualification, either for end clients or, on many occasions, for subsidiaries of the group in the […]
Read article
Do I have to declare my shares in a company for we […] Do I have to declare my shares in a company for wealth tax purposes?
As is well known, the voluntary period for filing Personal Income Tax (hereinafter, “IRPF”) and Wealth Tax (hereinafter, “IP”) for the 2023 tax year opened on 3 April. This voluntary filing period will end on 1 July. In this blog post, we are going to focus exclusively on the IP and, specifically, on the obligation […]
Read article
What circumstances lead to the revocation of the N […] What circumstances lead to the revocation of the NIF (TIN), consequences and how to amend the revocation
As a general rule, anyone who is going to carry out transactions with tax implications must have a NIF (TIN/Tax Identification Number), except for certain exceptions provided for in Royal Decree 1065/2007. This can be obtained either at the request of the interested party, by filing the corresponding census declaration of registration in the Census […]
Read article
I have cryptocurrencies abroad, do I have to decla […] I have cryptocurrencies abroad, do I have to declare them?
Read article
From 11 July 2021, the obligation to provide information to the Tax Administration on the holding and transactions carried out with virtual currencies (acquisition, transmission, exchange, transfer, collections and payments), as well as the holding of those located abroad, will be established. This obligation was introduced by Law 11/2021 of 9 July on measures to […]
Read article
REIT as a problem-solving tool in family businesse […] REIT as a problem-solving tool in family businesses: tax advantages and legal regime
One of the common grounds for disputes within the family businesses, especially when it comes to the second or third generation, is the distinction between partners who participate in the management or activity of the company, and partners who do not. It is normal that, either because of capacity or quantity, not everyone can obtain […]
Read article
Deductibility of VAT: What is the Pro rata Rule an […] Deductibility of VAT: What is the Pro rata Rule and how does it affect businesses?
One of the most controversial aspects of the Value Added Tax (VAT) Law is the deductibility of input VAT. Companies often encounter difficulties in determining the correct way to deduct input VAT when they simultaneously carry out transactions that give rise to a right to deduct, i.e. transactions that are subject to and not exempt […]
Read article
Tax offence. Circumstances for its assessment. App […] Tax offence. Circumstances for its assessment. Applicable penalties and how to avoid them.
What is a tax crime? The first thing to be clear about a tax offence (or, as the Criminal Code calls it, “offence against the Public Treasury”) is that it is a crime that cannot be committed by everyone, since it involves having defrauded the Treasury (whether at state, regional, provincial, or local level) of […]
Read article
In this post from Devesa & Calvo Abogados in Alicante, the key aspects to achieve how to invest successfully in Spain from a tax and legal point of view are analysed. Because, as our experience in advising international investors has shown us, there are many aspects to take into account and many legal disciplines involved. […]
Read article
As every year, the Directorate – General of the AEAT publishes the general guidelines of the Annual Tax and Customs Control Plan in the BOE (Official Government Gazette), which establishes the criteria where the actions of the tax verification and inspection bodies will be based during each financial year. On Monday the 1st of February, […]
Read article
Tax liability for business succession: a real risk […] Tax liability for business succession: a real risk.
Read article
Within the economic circulation, on many occasions investment opportunities come up and offer us either the possibility of acquiring other businesses, or either to acquire functioning businesses or others that have ended their activity, but we think that we can relaunch with another type of management. Usually, the acquiring party prefers to buy the business […]
Read article