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Top B Law & Tax: BLAW - Asesoría Fiscal Internacional News

Taxation Clarifies that VAT Cannot Be Deducted Under Equivalence Surcharge Despite Operating Under OSS

Taxation Clarifies that VAT Cannot Be Deducted Under Equivalence Surcharge Despite Operating Under OSS

In the V0150-25 Linking Consultation of 12 February 2025, the Directorate-General for Taxation has ruled that a retailer under the special equivalence surcharge scheme cannot deduct VAT on purchases of goods or services used in its activity, even if it makes intra-Community distance sales through the Union special scheme (OSS) and presents model 369. This criterion applies even if the trader has opted for the European single window system (OSS),…Read Article

The TEC Establishes that the Exemption for Reinvestment in Habitual Housing Is a Taxpayer's Right, Not a Tax Option

The TEC Establishes that the Exemption for Reinvestment in Habitual Housing Is a Taxpayer's Right, Not a Tax Option

In its decision of 31 March 2025 (recurso 6769/2024), the Central Economic and Administrative Tribunal (CEAC) has consolidated the criterion by declaring that the exemption in the IRPF for reinvestment in habitual housing does not constitute a tax option under Article 119.3 of the General Tax Law, but a right that can be exercised even by rectifying the self-liquidation, provided that the legal requirements are met and the tax exercise has not b…Read Article

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The Senate gives the green light to the Basque Country's management of 14 taxes

The Senate gives the green light to the Basque Country's management of 14 taxes

During the plenary session of the Senate, which had the only vote against Vox, the last amendment to the Basque Economic Concert with which Euskadi will increase its financial economic self-government with the regulation of up to 14 more taxes, including VAT, was finally approved. Likewise, as has already happened in Congress, the Senate has also processed this rule by means of an express single reading, which means that it has not had to pass t…Taxes · Basque Country See the Story

Can a community of owners prohibit tourism rent without an express clause?

Can a community of owners prohibit tourism rent without an express clause?

The Superior Court of Justice of Madrid (TSJM), in its judgment 970/2024, deals with taxation on the Income Tax of Physical Persons (IRPF) related to tourist flats. The case focuses on a taxpayer who resorted to a liquidation of the Tax Agency (AEAT) for the financial year 2017. The AEAT charged real estate rents for 69 days in which the properties were not rented, based on article 85 of the Law of the IRPF. In addition, the AEAT rejected the de…Madrid, Spain · Madrid Read Article

The impact of the new Aliens Regulation on employment: opportunities and challenges for international mobility and employment in Spain

The impact of the new Aliens Regulation on employment: opportunities and challenges for international mobility and employment in Spain

On November 20, the new Regulation of the Aliens Act was published in the Official Gazette of the State, a reform designed to adapt the regulations to the current migratory reality and the needs of the Spanish labour market. Among the main innovations are: – Inclusion of a specific title dedicated to visas. – Access to a residence permit through three channels: employment, training and family. – Simplification of procedures and digitization of p…Spain · Spain Read Article

The National High Court determines that real estate promotion is an economic activity for the purposes of corporation tax from preparatory acts

The National High Court determines that real estate promotion is an economic activity for the purposes of corporation tax from preparatory acts

In a recent ruling of 6 November 2024, the Audiencia Nacional has established that real estate promotion must be considered an economic activity for the purposes of the Company Tax from the beginning of the preparatory actions necessary to carry it out, such as obtaining licences and signing contracts, and not from the beginning of the material transformation of the property. The case originated when a promoter company acquired a building in Mad…Madrid, Spain · Madrid Read Article