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Aclarado: La cuota previa a la bonificación en Patrimonio reduce la cuota del Impuesto a las Grandes Fortunas

El Impuesto de Solidaridad de las Grandes Fortunas nació con el objetivo de armonizar las asimetrías que habían surgido entre comunidades autónomas en el Impuesto sobre el Patrimonio debido a las bonificaciones aprobadas por...more

New tax obligations for platform operators as Spain transposes DAC7

Pursuant to the transposition in Spain of the Council Directive (EU) 2021/514 of 22 March 2021 (so-called “DAC7”) and the implementation of the Model Rules for Reporting by Platform Operators developed by the OECD/G20 BEPS...more

Dividend income is excluded from the EBITDA for the purpose of the Spanish interest limitation rule

The Spanish interest limitation rule establishes that net financial expenses are deductible for Spanish Corporate Income Tax ("CIT”) purposes with the annual limit of the higher of (i) 30% of the Tax EBITDA (as defined in the...more

Online intermediaries are obliged to collect Spanish VAT on sales of NFTs through their marketplaces

Due to the anonymity of non-fungible tokens’ (“NFTs”) transactions, sellers face practical difficulties in determining whether or not they should charge Spanish Value Added Tax (“VAT”) to the buyers on sales through online...more

Spain releases its long awaited draft list of non-cooperative jurisdictions

On 12 January 2023 the Spanish Ministry of Finance published a draft of its long-awaited list of non-cooperative jurisdictions. Spain has finally not followed the EU approach with some jurisdictions. The draft Spanish list...more

First Spanish ruling on the VAT treatment of the sale of NFTs

The Spanish Tax Authorities (“STA”) have issued the first ruling analysing the Value Added Tax (“VAT”) treatment of the sale of non-fungible tokens (“NFTs”) that grant the buyer a right to use an underlying digital artwork....more

First Spanish ruling on the existence of a PE due to teleworking during and after COVID-19 lockdown

The Spanish Tax Authorities ("STA") have issued the first ruling analysing the existence of a permanent establishment ("PE") in Spain due to an employee who worked from home during and after the COVID-19 lockdown. In this...more

Impact of the new Spanish CFC rules on controlled foreign holding companies

The new Spanish Controlled Foreign Company rules might have a major impact on non-resident holding companies, and particularly those resident in a country outside the EU and the EEA due to the controversial (and, in our view,...more

Spain: Law 11/2021 implementing ATAD and other measures against fraud

The Spanish Parliament has finally approved Law 11/2021, of 9 July, on measures to prevent and fight against tax fraud (“Law 11/2021”) which implements several aspects of Council Directive (EU) 2016/1164 of 12 July 2016...more

Spain passes the Digital Services Tax regulations and tax return

Though effective since January 2021, the Spanish Digital Services Tax has still not been fully implemented. The approval of the regulations and the tax return allow to better understand the material and formal obligations...more

Spain’s new Digital Services Tax comes into force

Effective as of 16 January 2021, a new Digital Services Tax has come into force in Spain. The rate is 3% and it is levied on certain digital services provided by large multinational companies with the participation of users...more

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